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12.

[29]

You see that the praetors in these last years have interposed between me and Marcus Claudius with the insertion of this clause,—“From which, O Marcus Tullius, Marcus Claudius, or his household, or his agent, was driven by violence.” find what follows is according to the formula in the terms in which the praetor's interdict ran, and in which the securities were drawn up. If I were to defend myself before a judge in this way,—to confess that I had driven men out by violence— to deny that there was malice in it,—who would listen to me? No one, I suppose; because, if I drove out Marcus Claudius by violence, I drove him out by malice; for malice is a necessary ingredient in violence; and it is sufficient for Claudius to prove either point,—either that he was driven out with violence by me myself, or that I contrived a plan to have him driven out with violence. [30] More, therefore, is granted to Claudius when the interdict runs thus, “from which he was driven by violence, by my malice,” than if it had merely said, “whence he was driven by me by violence.” For, in this latter case, unless I had myself driven him out, I should gain my cause. In the former case, when the word “malice” is added, whether I had merely originated the design, or had myself driven him out, it is inevitable that it should be decided that he had been violently driven out by me with malice.


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