[27]
If the trial were assigned to proceed on this ground, that the fact to be proved was,
“That it had been done by the household,” then if any household itself had
been unwilling to appear personally in the slaughter, and had either compelled or hired the
assistance of other men, whether slaves or free men, all this trial, and the severe justice of
the praetor, would be at an end. For no one can decide that, if the household were not present
at a transaction, in that transaction the household itself committed damage with men armed, in
a violent manner. Therefore, because that could be done, and done easily too, on that account
it was not thought sufficient for investigation to be made as to what the household itself had
done, but as to this point also, “What had been done by the malice of the
household.”
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M. Tullius Cicero. The Orations of Marcus Tullius Cicero, literally translated by C. D. Yonge, B. A. London. Henry G. Bohn, York Street, Covent Garden. 1856.
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