The Education of an Orator, Vol. II

by linking his praise to the usefulness of our case, so that we may appeal to his own dignity on behalf of the honorable, to his justice on behalf of the lowly, to his mercy on behalf of the unfortunate, and to his severity 17 on behalf of those who have been harmed, and similarly for the rest. I would also like to know the character of the judge, if possible. For depending on whether they are harsh, gentle, pleasant, grave, stern, or relaxed, it will be necessary either to assume their natures into the case where they are suitable, or to mollify them where they will resist. 18 However, it sometimes happens that the one who judges is either hostile to us or friendly to our adversaries. This situation must be handled by both parties, and I am not sure that it must be handled even more carefully by the party to whom the judge seems more inclined. For sometimes there is a perverse desire to make a pronouncement against one's friends or in favor of those with whom one is feuding, so as not to appear to have done so unjustly. 19 There have also been some who were judges in their own affairs. For I find in the books of Observationes Observations published by Septimius that Cicero appeared in such a case, and I myself pleaded a case before Queen Berenice on her own behalf. Here, too, the reasoning is similar to the above. For the adversary boasts of the confidence in his side, while the patron...