[34]
I say that malice exists not in one action alone, (which would be enough for me,) nor in the
whole case, only, (which would also be enough for me,) but separately in every single item of
the whole business. They form a plan for coming, upon the slaves of Marcus Tullius: they do
that with malice. They take arms: they do that with malice. They choose a time suitable for
laying an ambush and for concealing their design: they do that with malice. They break open
the house with violence: in the violence itself there is malice. They murder men, they
demolish buildings: it is not possible for a man to be murdered intentionally, or for damage
to be done to another intentionally, without malice. Therefore, if every part of the business
is such that the malice is inherent in each separate part, will you decide that the entire
business and the whole transaction is untainted with malice?
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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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