<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
            <request>
                <requestName>GetPassage</requestName>
                <requestUrn>urn:cts:latinLit:phi0474.phi008.perseus-eng2:89-92</requestUrn>
            </request>
            <reply>
                <urn>urn:cts:latinLit:phi0474.phi008.perseus-eng2:89-92</urn>
                <passage>
                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text xml:lang="eng"><body><div type="translation" xml:lang="eng" n="urn:cts:latinLit:phi0474.phi008.perseus-eng2" subtype="translation"><div type="textpart" subtype="section" n="89" resp="perseus"><p><milestone unit="para"/>As the words lead us to this conclusion, so too the case itself forces us to think and
    understand the same thing. In truth, <persName><surname>Piso</surname></persName>, (I am
    returning now back to the first points of my defence,) if any one drives you out of your own
    house with violence, by means of armed men, what will you do? I suppose you will prosecute him
    by means of this same interdict which we have been employing. What now, if, when you are
    returning home from the forum, any one shall with armed men prevent you from entering your own
    house, what will you do? You will avail yourself of the same interdict. When, therefore, the
    praetor has issued his interdict commanding you to be replaced in the place from which you were
    driven, you will interpret that interdict just as I do now, and as it is plain it should be
    interpreted. As that phrase “from which place” is of equal power in both cases, and as you are
    ordered to be replaced in that place, you will interpret it that you are just as much entitled
    to be replaced in your own house if you have been driven out of the courtyard, as if you have
    been driven out from the inmost chambers of the house. </p></div><div type="textpart" subtype="section" n="90" resp="perseus"><p><milestone unit="para"/>But in order, O judges, that there should be no doubt on your part, whether you choose to
    regard the fact, or the words, that you ought to decide in our favour, there arises now, when
    every one of their expedients has been defeated and rendered useless, another argument in
    defence, that a man can be driven away, who is at the time in possession, but that a man who is
    not in possession cannot possibly be. Therefore, if I have been driven away from your house, I
    ought not to be replaced there; but, if you yourself have, you ought. Just count up how many
    false arguments there are in that defence, O <persName><surname>Piso</surname></persName>. And
    first of all, notice this, that you are by this driven from that assertion which you made, that
    no one could be driven away from a place, unless he was in the place previously; now you allow
    that a man who is the owner of a place can be driven away from it, even if he is not actually in
    it at the moment, but you say that a man who is not the owner cannot be driven away. </p></div><div type="textpart" subtype="section" n="91" resp="perseus"><p> Why, then, in that interdict which is of almost daily occurrence,
    “whence he drove me by violence,” is this added, “when I was in possession,” if no one can be
    driven away who is not in possession; or why is not the same addition made to the interdict
    “about armed men,” if inquiry ought to be made whether a man was the owner or no? You say that
    no man can be driven away, but one who is the owner. I assert that, if any one be driven away
    without men being collected and armed, then he who confesses that he has driven him away must
    gain his cause, if he can show that he was not the owner. You say that a man cannot be driven
    away unless he is the owner. I prove from this interdict “about armed men,” that he, who can
    prove that the man who has been driven away was not the owner, still must inevitably lose his
    cause, if he confesses that he was driven away at all. </p></div><milestone n="32" unit="chapter" resp="yonge"/><div type="textpart" subtype="section" n="92" resp="perseus"><p><milestone unit="para"/>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. </p></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>