Book 6
1.21
If we turn to the defendant, we must note that his worth, nis manly pursuits, the scars from wounds received in battle, his rank and the services rendered by his ancestors, will all commend him to the goodwill of the judges. Cicero, See iv. i. 69. as I have already pointed out, and Asinius both make use of this form of appeal: indeed they may almost be regarded as rivals in this respect, since Cicero employed it when defending the elder Scaurus, Asinius when defending the son. Again,
1.22
the cause which has brought the accused into peril may serve to produce the same effect, if, for example, it appears that he has incurred enmity on account of some honourable action: above all his goodness, humanity or pity may be emphasised with this end in view. For it adds to the apparent justice of his claim, if all that he asks of the judge is that he should grant to him what he himself has granted to others. We may also in this connexion lay stress on the interests of the state, the glory which will accrue to the judges, the importance of the precedent which their verdict will set and the place it will hold in the memory of after generations.
