Institutio Oratoria

The figure which the Greeks call apostrophe, by which is meant the diversion of our words to address some person other than the judge, is entirely banned by some rhetoricians as far as the exordium is concerned, and for this they have some reason, since it would certainly seem to be more natural that we should specially address ourselves to those whose favour we desire to win.

Occasionally however some striking expression of thought is necessary in the exordium which can be given greater point and vehemence if addressed to some person other than the judge. In such a case what law or what preposterous superstition is to prevent us from adding force to such expression of our thought by the use of this figure?

For the writers of text-books do not forbid it because they regard it as illicit, but because they think it useless. Consequently if its utility be proved, we shall have to employ it for the very reason for which we are now forbidden to do so.

Moreover Demosthenes

His speech would have been much less effective, if any other figure had been used, as will be all the more clearly realised, if the whole of that most vigorous passage

You are, then, in possession, Tubero, of the most valuable advantage that can fall to an accuser etc.

Tubero is then in possession of the most valuable advantage that can fall to an accuser.

In the original form Cicero attacks his opponent and presses him hard, in the passage as altered he would merely have pointed out a fact. The same thing results if you alter the turn of the passage in Demosthenes. Again did not Sallust when speaking against Cicero himself address his exordium to him and not to the judge? In fact he actually opens with the words

I should feel deeply injured by your reflexions on my character, Marcus Tullius,

How long will you continue to abuse our patience?