To these proof's some authorities would add those which they call pathetic or emotional. Aristotle Rhet. I. ii. 4. indeed holds that the strongest argument in support of a speaker is that he is a good man. This no doubt is the best support, but to seem good is also of value, though the semblance is but a bad second to the reality.

Of this nature is the noble defence of Scaurus. Quintus Varius of Sucro asserts that Aemilius Scaurus has betrayed the interests of the Roman people: Aemilius Scaurus denies it. A similar defence is said to have been employed by Iphicrates At. Rhet. II. xxiii. 7. : he asked Aristophon who was accusing him on a similar charge of treason whether lie would consent to betray his country for a bribe: when Aristophon replied in the negative, he continued, Have I then done what you would have refused to do?

We must however take the character of the judge into consideration and seek out such arguments as will appeal to him. I have already spoken of this in the rules which I laid down for the exordium and for deliberative oratory. IV. i. 17 sq., III. viii. 36 sq.