For when the household itself does
 anything, men being collected together and armed, in a violent manner, and inflicts damage on
 any one, that must be done by malice. But when it forms a plan to procure such a thing to be
 done, the household itself does not do it, but it is done by its malice. And so by the
 addition of the words “by malice” the cause of both plaintiff and
 defendant is made more comprehensive. For whichever point he can prove, whether that the
 household itself did him the damage, or that it was done by the contrivance and assistance of
 that household, he must gain his cause.