[28]
For when the household itself does
anything, men being collected together and armed, in a violent manner, and inflicts damage on
any one, that must be done by malice. But when it forms a plan to procure such a thing to be
done, the household itself does not do it, but it is done by its malice. And so by the
addition of the words “by malice” the cause of both plaintiff and
defendant is made more comprehensive. For whichever point he can prove, whether that the
household itself did him the damage, or that it was done by the contrivance and assistance of
that household, he must gain his cause.
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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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