Book 3
5.4
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 call argument, comparison, commonplace, pathos, illustration parts of the case?
5.5
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.
5.6
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.
