but sometimes is altered by circumstances, because in certain causes the judges themselves require studied discourses, and fancy themselves thought mean of unless accuracy appears in thought and expression. It is of no significance to instruct them; they must be pleased. It is indeed difficult to find a medium in this respect, but the orator may so temper his manner as to speak with justness, and not with too great a show of art.

THE NEED OF SIMPLICITY OF EXPRESSION

Another rule inculcated by the ancients is not to admit into the exordium any strange word, too bold a metaphor, an obsolete expression, or a poetical turn. As yet we are not favorably received by the auditors, their attention is not entirely held, but when once they conceive an esteem and are warmly inclined toward us, then is the time to hazard this liberty, especially when we enter upon parts the natural fertility of which does not allow the liberty of expression to be noticed amidst the luster spread about it.

The style of the exordium ought not to be like that of the argument proper and the narration, neither ought it to be finely spun out, or harmonized into periodical cadences, but, rather, it should be simple and natural, promising neither too much by words nor countenance. A modest action, also, devoid of the least suspicion of ostentation, will better insinuate itself into the mind of the auditor. But these ought to be regulated according to the sentiments we would have the judges imbibe from us.

It must be remembered, however, that nowhere is less allowance made than here for failing in memory or appearing destitute of the power of articulating many words together. An ill-pronounced exordium may well be compared to a visage full of scars, and certainly he must be a bad pilot who puts his ship in danger of sinking, as he is going out of port.

In regard to the length of the exordium, it ought to be proportionate to the nature of the cause. Simple causes admit of a shorter exordium; the complex, doubtful, and odious, require a longer exordium. Some writers have prescribed four points as laws for all exordiums,—which is ridiculous. An immoderate length should be equally avoided, lest it appear, as some monsters, bigger in the head than in the rest of the body, and create disgust where it ought only to prepare.

"TYING UP" THE INTRODUCTION

As often as we use an exordium, whether we pass next to the narration, or immediately to the proofs, we ought always to preserve a connection between what follows and what goes before. To proceed from one part to another, by some ingenious thought which disguises the transition, and to seek applause from such a studied exertion of wit, is quite of a piece with the cold and childish affectation of our declaimers. If a long and intricate narration must follow, the judge ought naturally to be prepared for it. This Cicero often does, as in this passage: "I must proceed pretty high to clear up this matter to you, which I hope, gentlemen, you will not be displeased at, because its origin being known will make you thoroughly acquainted with the particulars proceeding from it."

THE NARRATION

There are causes so short as to require rather to be proposed than told. It is sometimes the case with two contending sides, either that they have no exposition to make, or that agreeing on the fact, they contest only the right. Sometimes one of the contending parties, most commonly the plaintiff, need only propose the matter, as most to his advantage, and then it will be enough for him to say: "I ask for a certain sum of money due to me according to agreement; I ask for what was bequeathed to me by will." It is the defendant's business to show that he has no right to such a debt or legacy. On other occasions it is enough, and more advisable, for the plaintiff to point out merely the fact: "I say that Horatius killed his sister." This simple proposition makes known the whole crime, but the details and the cause of the fact will suit better the defendant. Let it be supposed, on the other hand, that the fact can not be denied or excused; then the defendant, instead of narrating, will best abide by the question of right. Some one is accused of sacrilege for stealing the money of a private person out of a temple. The pleader of the cause had better confess the fact than give an account of it. "We do not deny that this money was taken out of the temple. It was the money of a private person, and not set apart for any religious use. But the plaintiff calumniates us by an action for sacrilege. It is, therefore, your business, gentlemen, to decide whether it can properly be specified as sacrilege."

THE TWO KINDS OF NARRATION

There are two kinds of narration in judicial matters, the one for the cause, the other for things belonging to it. "I have not killed that man." This needs no narration. I admit it does not; but there may be a narration, and even somewhat long, concerning the probable causes of innocence in the accused, as his former integrity of life, the opponent's motives for endangering the life of a guiltless person, and other circumstances arguing the incredibility of the accusation. The accuser does not merely say, "You have committed that murder," but shows reasons to evince its credibility; as, in tragedies, when Teucer imputes the death of Ajax to Ulysses, he says that "He was found in a lonely place, near the dead body of his enemy, with his sword all bloody." Ulysses, in answer, not only denies the crime, but protests there was no enmity between him and Ajax, and that they never contended but for glory. Then he relates how he came into that solitary place, how he found Ajax dead, and that it was Ajax's own sword he drew out of his wound. To these are subjoined proofs, but the proofs, too, are not without narration, the plaintiff alleging, "You were in the place where your enemy was found killed." "I was not," says the defendant, and he tells where he was.

HOW TO MAKE THE CONCLUSION

The end of the narration is rather more for persuading than informing. When, therefore, the judges might not require information, yet, if we consider it advisable to draw them over to our way of thinking, we may relate the matter with certain precautions, as, that tho they have knowledge of the affair in general, still would it not be amiss if they chose to examine into every particular fact as it happened. Sometimes we may diversify the exposition with a variety of figures and turns; as, "You remember"; "Perhaps it would be unnecessary to insist any longer on this point"; "But why should I speak further when you are so well acquainted with the matter."

A subject of frequent discussion is to know whether the narration ought immediately to follow the exordium. They who think it should, seem to have some reason on their side, for as the design of the exordium is to dispose the judges to hear us with all the good will, docility, and attention, we wish, and as arguments can have no effect without previous knowledge of the cause, it follows naturally that they should have this knowledge as soon as it can conveniently be given to them.

PURPOSES OF THE NARRATION

If the narration be entirely for us, we may content ourselves with those three parts, whereby the judge is made the more easily to