The Education of an Orator, Vol. II

necessary for the parties themselves to create the impression that they have been forced to take legal action by some weighty and honourable reason or even by necessity. 8 But just as the authority of the speaker carries greatest weight if his undertaking of the case is free from all suspicion of meanness, personal spite, or ambition, so also we shall derive some silent support from representing that we are weak, unprepared, and no match for the powerful talents arrayed against us, a frequent trick in the exordia introductions of Messala. 9 For men have a natural prejudice in favour of those who are struggling against difficulties, and a scrupulous judge is always specially ready to listen to an advocate whom he does not suspect to have designs on his integrity. Hence arose the tendency of ancient orators to pretend to conceal their eloquence, a practice exceedingly unlike the ostentation of our own times. 10 It is also important to avoid giving the impression that we are abusive, malignant, proud, or slanderous toward any individual or body of men, especially such as cannot be hurt without exciting the disapproval of the judges. 11 As to the judge, it would be folly for me to warn speakers not to say or even hint anything against him, but for the fact that such things do occur. Our opponent's advocate will sometimes provide us with material for our exordium introduction: we may speak of him in honorific terms, pretending to fear his eloquence and influence with a view to rendering them suspect to the judge, or occasionally, though very seldom, we may abuse him, as Asinius did in his speech on behalf of the heirs of Urbinia, where he includes among the proofs of the weakness of the plaintiff's case the fact that he has secured Labienus as his advocate.