Institutio Oratoria

Quintilian

Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.

But it is the function of the exordium not merely to excite the feelings to which I have alluded, but to do all that is possible to show that our opponent's case is not deserving of them. It is advantageous to create the impression not merely that our fate will be deserving of pity, if we lose, but that our adversary will be swollen with outrageous insolence if he prove successful.

But exordia are often drawn from matters which do not, strictly speaking, concern either cases or the persons involved, though not unrelated to either.

v4-6 p.23
In such relation to persons stand not only wives and children of whom I have just spoken, but also relations, friends, and at times districts and states together with anything else that is like to suffer injury from the fall of the client whom we defend.

As regards external circumstances [*]( In the pro Caelio (c. 1) Cicero calls attention to the fact that the trial is taking place during a festival, all other legal business being suspended. In the pro Deiotaro (c. 2) he calls attention to the unusual surroundings, the speech being delivered in a private house. For the pro Milone see § of this chapter. In the first Verrme (c. 1) he remarks that it is generally believed that the corruption of the courts is such that it is practically impossible to secure the condemnation of a wealthy man. ) which have a bearing on the case, I may mention time, which is introduced in the exordium of the pro Caelio, place (in the pro Deiotaro ),the appearance of the court (in the pro Milone ),public opinion (in the Verrines ),and finally, as I cannot mention all, the ill-repute of the law courts and the popular expectation excited by the case. None of these actually belong to the case, but all have some bearing on it.