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[4] This form of licence arises from the fact that a sketch of the case is always given before actual declamation.1 Such kinds of exordia may, however, be employed in the [p. 9] courts, when a case comes on for the second time, but never or rarely on the first occasion, unless we are speaking before a judge who has knowledge of the case from some other source.

1 i.e. the statement of the “hard case” with which the declaimer has to deal. cp. iv. ii. 98

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