DIVISION AND ARGUMENT
Some are of the opinion that division should always be used, as by it the cause will be more clear and the judge more attentive and more easily taught when he knows of what we speak to him and of what we intend afterward to speak. Others think this is attended with danger to the orator, either by his sometimes forgetting what he has promised, or by something else occurring to the judge or auditor, which he did not think of in the division. I can not well imagine how this may happen, unless with one who is either destitute of sense or rash enough to plead without preparation. In any other respect, nothing else can set a subject in so clear a light as just division. It is a means to which we are directed by the guidance of nature, because keeping in sight the heads on which we propose to speak, is the greatest help the memory can have.
THE MISTAKE OF TOO MANY DIVISIONS
But if division should seem requisite, I am not inclined to assent to the notion of those who would have it extend to more than three parts. Indeed, when the parts are too many, they escape the judge's memory and distract his attention; but a cause is not scrupulously to be tied down to this number, as it may require more.
DISADVANTAGES OF DIVISIONS
There are reasons for not always using division, the principal reason being that most things are better received when seemingly of extempore invention and not suggestive of study, but arising in the pleading from the nature of the thing itself. Whence such figures are not unpleasing as, "I had almost forgotten to say"; "It escaped my memory to acquaint you"; and "You have given me a good hint." For if the proofs should be proposed without something of a reputation of this kind, they would lose, in the sequel, all the graces of novelty.
The distinguishing of questions, and the discussing of them, should be equally avoided. But the listeners' passions ought to be excited, and their attention diverted from its former bias, for it is the orator's business not so much to instruct as to enforce his eloquence by emotion, to which nothing can be more contrary than minute and scrupulously exact division of a discourse into parts.
WHEN THE DIVISION IS DESIRABLE
If many things are to be avoided or refuted, the division will be both useful and pleasing, causing everything to appear in the order in which it is to be said. But if we defend a single crime by various ways, division will be superfluous, as, "I shall make it clear that the person I defend is not such as to make it seem probable that he could be guilty of murder; it shall also be shown that he had no motives to induce him to do it; and lastly, that he was across the sea when this murder took place." Whatever is cited and argued before the third point must seem quite unnecessary, for the judge is in haste to have you come to that which is of most consequence, and the patient, will tacitly call upon you to acquit yourself of your promise, or, if he has much business to dispatch, or his dignity puts him above your trifling, or he is of a peevish humor, he will oblige you to speak to the purpose, and perhaps do so in disrespectful terms.