There are many very engaging things in an exordium which is framed from
the opponent's pleading, and this is because it does not seem to favor
of the closet, but is produced on the spot and comes from the very
thing. By its easy, natural turn, it enhances the reputation of genius.
Its air of simplicity, the judge not being on his guard against it,
begets belief, and tho the discourse in all other parts be elaborate and
written with great accuracy, it will for the most part seem an
extempore oration, the exordium evidently appearing to have nothing
premeditated.
But nothing else will so well suit an exordium as modesty in the
countenance, voice, thoughts, and composition, so that even in an
uncontrovertible kind of cause, too great confidence ought not to
display itself. Security is always odious in a pleader, and a judge who
is sensible of his authority tacitly demands respect.
An orator must likewise be exceedingly careful to keep himself from
being suspected, particularly in that regard; therefore, not the least
show of study should be made, because all his art will seem exerted
against the judge, and not to show this is the greatest perfection of
art. This rule has been recommended by all authors, and undoubtedly with
good reason, but sometimes is altered by circumstances, because in
certain causes the judges themselves require studied discourses, and
fancy themselves thought mean of unless accuracy appears in thought and
expression. It is of no significance to instruct them; they must be
pleased. It is indeed difficult to find a medium in this respect, but
the orator may so temper his manner as to speak with justness, and not
with too great a show of art.