not at random; and art must be where he who has learned succeeds better than he who has not learned. But in matter of eloquence not only will the ignorant person be surpassed by the learned, but also the learned by the more learned; otherwise we should not have so many rules nor so many excellent masters. This ought to be acknowledged by all, but more especially by us who do not separate eloquence from the man of integrity.

THE EXORDIUM OR INTRODUCTION

The exordium, or introduction, is that part of the discourse which is pronounced before the subject is entered upon. As musicians make a prelude for obtaining silence and attention before they play their selections, so orators, before they begin their cause, have specified by the same application that which they say by way of preface for securing for themselves a kindly feeling in the listeners.

THE PURPOSE OF THE INTRODUCTION

The reason for an exordium is to dispose the auditors to be favorable to us in the other parts of the discourse. This, as most authors agree, is accomplished by making them friendly, attentive, and receptive, tho due regard should be paid to these three particulars throughout the whole of a speech.

Sometimes the exordium is applicable to the pleader of the cause, who, tho he ought to speak very little of himself, and always modestly, will find it of vast consequence to create a good opinion of himself and to make himself thought to be an honest man. So it is he will be regarded not so much as a zealous advocate, as a faithful and irreproachable witness. His motives for pleading must, therefore, appear to proceed not from tie of kindred, or friendship, but principally from a desire to promote the public good, if such motive can be urged, or any other important consideration. This conduct will befit plaintiffs in a much greater degree, that they may seem to have brought their action for just and weighty reasons, or were even compelled to do it from necessity.

As nothing else gives so great a sanction to the authority of the speaker as to be free from all suspicion of avarice, hatred, and ambition, so, also, there is a sort of tacit recommendation of ourselves if we profess our weak state and inability for contending with the superior genius and talents of the advocate of the other side. We are naturally disposed to favor the weak and opprest, and a conscientious judge hears an orator willingly whom he presumes not to be capable of making him swerve from his fixt purpose of doing justice. Hence the care of the ancients for concealing their talents.

IDEAS TO AVOID AND TO INCLUDE

All contemptuous, spiteful, haughty, calumniating expressions must be avoided and not so much as even insinuated to the defamation of any particular person or rank, much less against those to whom an affront would alienate the minds of the judges. To be so imprudent as to attack judges themselves, not openly, but in any indirect manner, would be most unwise.

The advocate for the other side may likewise furnish sufficient matter for an exordium. Sometimes honorable mention may be made of him, as when we pretend to be in dread of his interest and eloquence in order to make them suspected by the judges, and sometimes by casting odium on him, altho this must be done very seldom. I rather think, from the authority of the best authors, that whatever affects the orator, affects also the cause he patronizes, as it is natural for a judge to give more credit to those whom he more willingly hears.

We shall procure the favor of the judge not so much by praising him, which ought to be done with moderation, and is common to both sides, but rather by making his praise fitting, and connecting it with the interest of our cause. Thus, in speaking for a person of consequence, we may lay some stress on the judge's own dignity; for one of mean condition, on his justice; for the unhappy, on his mercy; for the injured, on his severity.

STUDYING YOUR HEARERS

It also would not be amiss to become acquainted, if possible, with his character. For, according as his temper is, harsh or mild, pleasant or grave, severe or easy, the cause should be made to incline toward the side which corresponds with his disposition, or to admit some mitigation or softening where it runs counter to it.

It may happen sometimes, too, that the judge is our enemy, or the opponent's friend. This is a circumstance requiring the circumspection of both parties, yet I think the favored advocate should behave with great caution, for a judge of a biased disposition will sometimes choose to pass sentence against his friends, or in favor of those to whom he bears enmity, that he may not appear to act with injustice.

AROUSING EMOTIONS

Judges have also their private opinions and prejudices, which we must either strengthen or weaken, according as we see necessary. Fear, too, sometimes must be removed, as Cicero, in his defense of Milo, endeavors to assure the judges that Pompey's army, drawn up about the Forum, is for their protection; and sometimes there will be an occasion to intimidate them, as the same orator does in one of his pleadings against Verres.

There are two ways of proceeding in this last case, the first plausible, and frequently used, as when it is hinted to them that the Roman people might entertain an ill opinion of them, or that there might be an appeal from their judgment; the other desperate, and not so much used, as when threatened with prosecution themselves if they suffer themselves to be corrupted. This is a hazardous point, and is conducted with more safety to the orator when in a large assembly where corrupt judges are restrained by fear, and the upright have the majority. But I would never counsel this before a single judge, unless every other resource was wanting. If necessity requires it, I can not say that it is the business of the art of oratory to give directions in the matter, any more than to lodge an appeal, tho that, too, is often of service, or to cite the judge in justice before he passes sentence, for to threaten, denounce, or indict may be done by any one else as well as the orator.

If the cause itself should furnish sufficient reason for gaining the good will of the judge, out of this whatever is most specious and favorable may be inserted in the exordium. It will be unnecessary to enumerate all the favorable circumstances in causes, they being easily known from the state of facts; besides, no exact enumeration can take place on account of the great diversity of law-suits. It is the cause itself, therefore, that must teach us to find and improve these circumstances; and, in like manner, with a circumstance that may make against us the cause will inform us how it may either be made entirely void, or at least invalidated.

From the cause compassion also sometimes arises, whether we have already suffered or are likely to suffer anything grievous. For I am not of the opinion of those who to distinguish the exordium from the peroration, will have the one to speak of what is past and the other of what is to come. They are sufficiently distinguished without this discrimination. In the exordium the orator ought to be more reserved, and ought only to throw out some hints of the sentiments of compassion he designs to excite in the minds of the judges; whereas in the peroration he may pour out all the passions,