Institutio Oratoria

Consequently we must regard partition not as one part of a whole speech, but as a part of each individual question that may be involved. For what question is there in which an orator cannot set forth the order in which he is going to make his points? And this of course is the function of partition. But how ridiculous it is to make each question an aspect of proof, but partition which is an aspect of a question a part of the whole speech.

As for digression (egressio, now more usually styled excessus ), if it lie outside the case, it cannot be part of it, while, if it lie within it, it is merely an accessory or ornament of that portion of the case from which digression is made. For if anything that lies within the case is to be called part of it, why not

On the other hand I disagree with those who, like Aristotle, [*](Rhet. ii. 26. ) would remove refuation from the list on the ground that it forms part of the proof: for the proof is constructive, and the reputation destructive. Aristotle [*](Rhet. iii. 13. ) also introduces another slight novelty in making proposition, not statement of facts, follow the exordium. This however he does because he regards proposition as the genus and statement of facts as the species, with the result that he holds that, whereas the former is always and everywhere necessary, the latter may sometimes be dispensed with.

It is however necessary to point out as regards these five parts which I have established, that that which has to be spoken first is not necessarily that which requires our first consideration. But above all we must consider the nature of the case, the question at issue and the arguments for and against. Next we must consider what points are to be made, and what refuted, and then how the facts are to be stated.

For the stalement of facts is designed to prepare the way for the proofs and must needs be unprofitable, unless we have first determined what proofs. are to be promised in the statement. Finally we must consider how best to win the judge to take our view. For we cannot be sure until we have subjected all the parts of the case to careful scrutiny, what sort of impression we wish to make upon the judge: are we to mollify him or increase his severity, to excite or relax his interest in the case, to render him susceptible to influence or the reverse?

I cannot however approve the view of those who

No one begins a portrait by painting or modelling the feet, and no art finds its completion at the point where it should begin. Otherwise what will happen if we have not time to write our speech? Will not the result of such a reversal of the proper order of things be that we shall be caught napping? We must therefore review the subject-matter in the order laid down, but write our speech in the order in which we shall deliver it.

X. Every cause in which one side attacks and the other defends consists either of one or more controversial questions. In the first case it is called simple, in the second complex. An example of the first is when the subject of enquiry is a theft or an adultery taken by itself. In complex cases the several questions may all be of the same kind, as in cases of extortion, or of different kinds, as when a man is accused at one and the same time of homicide and sacrilege. Such cases no longer arise in the public courts, since the praetor allots the different charges to different courts in accordance with a definite rule; but they still are of frequent occurrence in the Imperial or Senatorial courts, and were frequent in the days when they came up for trial before the people. [*]( In the permanent courts ( quaestiones perpetuae ). There were separate courts for, different offences. In cases brought before the Senate or the Emperor a number of different charges might be dealt with at once. ) Private suits again are often tried by one judge, who may have to determine many different points of law.