[92]
Men are driven away in two ways, either without the employment of men collected together and
armed, or by means of them, and by violence. There are two separate interdicts for two
dissimilar cases. In the first and formal kind of violence, it is not enough for a man to be
able to prove that he was driven away, unless he is also able to show that he was driven away
when he was in possession. And even that is not enough, unless he can show that he was in
possession, having become so neither by violence, nor by underhand practices, nor by having
begged the property. Therefore, he who said that he had replaced him is often accustomed to
avow loudly that he drove him away by violence; but he adds this, “He was not in
possession.” Or again, when he has admitted even this, still he gains his cause if
he can prove that the man had obtained possession from him either by violence, or by underhand
practices, or by begging for it.
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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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