The Education of an Orator, Vol. II

required of the litigants themselves, so that they may appear to have approached the pleading for some great and honorable reason, or even by necessity. 8 But just as the authority of the speaker is paramount in this if all suspicion of sordid behavior, hatred, or ambition is absent from the undertaking of the business, so too there is a certain tacit recommendation in these instances if we describe ourselves as weak, unprepared, and unequal to the talents of those acting against us, such as are 9 most of the prooemia introductions of Messala. For there is a natural sympathy for those who labor, and a religious judge most willingly listens to an advocate whom he does not fear for his own justice. Hence that simulation of the ancients concerning hiding their eloquence is very different from this boasting of our own 10 times. We must also avoid appearing insulting, malicious, arrogant, or slanderous toward any person or class, especially those who cannot be harmed except against the will of the judges. 11 For it would be foolish to advise that nothing be said against the judge, not only openly but even that which could be understood at all, were it not that it happens. Even the advocate of the opposing party will provide material for the exordium, sometimes with honor, if we pretend to fear his eloquence and influence so that they might be suspect to the judge; sometimes through insult, though this is very rare, as Asinius, for the heirs of Urbinia, placed Labienus, the advocate of the adversary, among the arguments of a bad case.