[93]
Do you not perceive how
many defensive pleas our ancestors allowed a man to be able to employ who had done this
violence without arms and without a multitude? But as for the man who, neglecting right, and
duty, and proper customs, has betaken himself to the sword, to arms, and to murder, him you
see naked and defenceless in the cause; so that the man who has contended in arms for the
possession, must clearly contend unarmed in the court of justice. Is there, then, any real
difference, O Piso, between these interdicts? Does it
make any difference whether the words “As Aulus Caecina was in possession”
be added, or not? Does the consideration of right,—does the dissimilarity of the
interdicts,—does the authority of your ancestors, at all influence you? If the
addition had been made, inquiry must have been made as to this point. The addition has not
been made. Must that inquiry still be instituted?
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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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