Pro A. Caecina

That very witness of yours who dared to say “that he had been seen to do . . .” in a case where he could by no possibility know even of what the man was accused—even he would not venture to decide that a dowry was due to a husband which the woman had promised without the consent of her trustee. Oh admirable principle, and worthy of being maintained by you on this account, O judges! For, indeed, what is the civil law? A thing which can neither be bent by influence, nor broken down by power, nor adulterated by corruption; which, if it be, I will not say overwhelmed, but even neglected or carelessly upheld, there will then be no ground for any one feeling sure either that he possesses anything, or that he shall leave anything to his children.

For what is the advantage of having a house or a farm left one by one's father, or in any way legitimately acquired, if it be uncertain whether you will be able to retain those things which are yours by every right of property? if law be but little fortified? if nothing can be upheld by public and civil law, in opposition to the influence of any powerful man? What is the advantage, I say, of having a farm, if all the laws which have been most properly laid down by our ancestors about boundaries, about possession, and water, and roads, may all be disturbed and changed in any manner? Believe me, every one of you has received a greater inheritance in respect of his property, from justice and from the laws than from those from whom he received the property itself. For it can happen, in consequence of anybody's will, that a farm may come to me; but it cannot be ensured to me, except by the civil law, that I shall be able to retain what has become my own. A farm can be left me by my father, but the enjoyment of the farm—that is to say, freedom from all anxiety and danger of law-suits—is not left to me by my father, but by the laws. Aqueducts, supply of water, roads, a right of way, comes from my father, but the ratified possession of all these things is derived from the civil law.

Wherefore you ought to maintain and preserve that public inheritance of law which you have received from your ancestors with no less care than your private patrimony and property, not only because this last is fenced round and protected by the civil law, but also because if a man loses his patrimony, it is only an individual who suffers, but if the law be lost, the disaster affects the whole state. In this very cause, O judges, if we do not succeed in establishing this point, that a man is driven away,—if it is evident that he has been repelled and put to flight with violence by armed Caecina will not lose his property, which, however, he would bear the loss of with a brave spirit, if the occasion required it; he will only not be restored to the possession of it immediately; nothing more.

But the cause of the Roman people, the laws of the state, all the property, fortune, and possessions of every one will again become uncertain and doubtful. This will be established, this will be settled by your authority; that, if you hereafter have a dispute with any one about ownership, if you drive him away when he has once entered on his property, you must make restitution; but if, as he is coming to enter, you meet him with an armed multitude and repel him, put him to flight, and heat him off while still only on his road, then you shall not make restitution. Then you will establish this principle as law and justice, that violence can only exist where there is murder, that it has nothing to do with the intention or the will; that, unless blood be spilt, there has been no violence offered; that it is wrong to say that a man has been driven away, who has been prevented from entering; that no man can be driven away except from a place where he has planted his footsteps.