The Education of an Orator, Vol. II

20 it fears the judge's disapproval. Furthermore, any opinion the judge seems to have brought from home must be removed or confirmed, especially if it relates to the case. Sometimes, fear must also be removed, as Cicero strove to do in his speech pro Milone on behalf of Milo, so that they might not think Pompey's troops were stationed against them; at other times, fear must be applied, as the same orator does in the in Verrem against Verres.
21 But there are two ways of applying this fear. The first is common and popular: that the Roman people may not have bad feelings, or that the trials may not be transferred; the second is harsh and rare, where the advocate threatens the corrupted jurors with prosecution. This is indeed safer when addressed to a larger council, for the bad are checked and the good are pleased. However, when addressing individual judges,
22 I would never advise it, unless all other means have failed. But if necessity demands it, this will no longer be a matter of the art of oratory, any more than filing an appeal—even though that is often useful—or accusing the defendant before judgment is pronounced. For one does not need to be an orator to threaten or to bring an indictment.
23 If the case provides us with material to win over the judge, it is important to select the points that seem most favorable to our purpose for use in the introduction.