For Aulus Caecina

THE ORATION OF M. T. CICERO IN BEHALF OF AULUS CAECINA

THE ARGUMENT

Marcus Fulcinius, of Tarquinii, who had lived as a banker at Rome, had died, leaving his property to his wife Caesennia and his son, the son also died, and divided his property between his wife and his mother. The property was sold, and Caesennia employed Sextus Aebutius, her agent, to buy one of the farms for her. She afterwards married Caecina, and died, bequeathing her property to him. When Caesennia was dead, Aebutius pretended that he had bought the farm in question for himself. Caecina endeavours to enter on the land, but is driven off by Aebutius at the head of a band of armed slaves. He applies to the praetor, and obtains an interdict; ^[1] Aebutius defends himself on many pleas, and especially on the ground that Caecina being a municeps of Volaterra, a town which had been disfranchised by Sulla, could not become the heir of Caesennia. This trial took place A. U. C. 689.

[cap.1] [1] If shameless impudence had as much power in the forum and in the courts of law, as audacity has in the country and in desolate places, then Aulus Caecina would now, in this trial, yield to the impudence of Sextus Aebutius as much as he has already yielded to his audacity in committing deeds of violence. But he thought that it became a considerate man not to contend in arms about a matter which ought to be decided by law; and he thought that it became an honest man, to defeat by law and judicial proceedings the man with whom he had declined contending in arms and violence.