I have already mentioned in the rules for the exordium how the accuser might conciliate the judges. Yet some things, which it was enough to point out there, should be wrought to a fulness in the peroration, especially if the pleading be against some one universally hated, and a common disturber, and if the condemnation of the culprit should redound as much to the honor of the judges as his acquittal to their shame. Thus Calvus spoke admirably against Vatinius:
“You know, good sirs, that Vatinius is guilty, and no one is unaware that you know it.” Cicero, in the same way, informs the judges that if anything is capable of reestablishing the reputation of their judgment, it must be the condemnation of Verres. If it be proper to intimidate the judges, as Cicero likewise does, against Verres, this is done with better effect in the peroration than in the exordium. I have already explained my sentiments on this point.
HOW TO AROUSE EMOTIONS
In short, when it is requisite to excite envy, hatred, or indignation there is greater scope for doing this to advantage in the peroration than elsewhere. The interest in the accused may naturally excite the judge’s envy, the infamy of his crimes may draw upon him his hatred, the little respect he shows him may rouse his indignation. If he is stubborn, haughty, presumptuous, let him be painted in all the glaring colors that aggravate such vicious temper, and these manifested not only from his words and deeds, but from face, manner, and dress. I remember, on my first coming to the bar, a shrewd remark of the accuser of Cossutianus Capito. He pleaded in Greek before the Emperor, but the meaning of his words was: “Might it not be said that this man disdains even to respect Caesar.”
The accuser has recourse frequently to the arousing of compassion, either by setting forth the distrest state of him for whom he hopes to find redress, or by describing the desolation and ruin into which his children and relations are likely thereby to be involved. He may, too, move the judges by holding out to them a prospect of what may happen hereafter if injuries and violence remain unpunished, the consequence of which will be that either his client must abandon his dwelling and the care of his effects, or must resolve to endure patiently all the injustice his enemy may try to do him.
The accuser more frequently will endeavor to caution the judge against the pity with which the defendant intends to inspire him, and he will stimulate him, in as great a degree as he can, to judge according to his conscience. Here, too, will be the place to anticipate whatever it is thought the opponent may do or say, for it makes the judges more circumspect regarding the sacredness of their oath, and by it the answer to the pleading may lose the indulgence which it is expected to receive, together with the charm of novelty in all the particulars which the accuser has already cleared up. The judges, besides, may be informed of the answer they should make to those who might threaten to have their sentence reversed; and this is another kind of recapitulation.