On the Agrarian Law (M. Tullius Cicero)

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	On the Agrarian Law Author: M. Tullius Cicero	Translator: C. D. Yonge
1	DE LEGE AGRARIA ORATIO PRIMA CONTRA P . SERVILIVM RVLLVM TR . PLEB. IN SENATV	THE SPEECH OF M. T. CICERO IN OPPOSITION TO PUBLIUS SERVILIUS RULLUS, A TRIBUNE OF THE PEOPLE, CONCERNING THE AGRARIAN LAW. DELIVERED IN THE SENATE. THE FIRST ORATION ON THIS SUBJECT.
2	* * * quae res aperte petebatur , ea nunc occulte cuniculis oppugnatur . dicent enim xviri , id quod et dicitur a multis et saepe dictum est , post eosdem consules regis Alexandri testamento regnum illud populi Romani esse factum . dabitis igitur Alexandream clam petentibus eis quibus apertissime pugnantibus restitistis ? haec , per deos immortalis ! utrum esse vobis consilia siccorum an vinolentorum somnia , et utrum cogitata sapientium an optata furiosorum videntur ?	. . . . That which was then openly sought, is now endeavoured to be effected secretly by mines. For the decemvirs will say, what indeed is said by many, and has often been said,—that after the consulship of those men, all that kingdom became the property of the Roman people, by the bequest of the king Alexander. Will you then give Alexandria to those men when they ask for it in an underhand way, whom you resisted when they openly fought against you? Which, in the name of the immortal gods, do these things seem to you,—the designs of sober men, or the dreams of drunken ones? the serious thoughts of wise men, or the frantic wishes of madmen?
3	videte nunc proximo capite ut impurus helluo turbet rem publicam , ut a maioribus nostris possessiones relictas disperdat ac dissipet , ut sit non minus in populi Romani patrimonio nepos quam in suo . perscribit in sua lege vectigalia quae xviri vendant , hoc est , proscribit auctionem publicorum bonorum . agros emi volt qui dividantur ; quaerit pecuniam . videlicet excogitabit aliquid atque adferet . nam superioribus capitibus dignitas populi Romani violabatur , nomen imperi in commune odium orbis terrae vocabatur , urbes pacatae , agri sociorum , regum status xviris donabantur ; nunc praesens pecunia , certa , numerata quaeritur .	See, now, in the second chapter of this law, how that profligate debauchee is disturbing the republic,—how he is ruining and dissipating the possessions left us by our ancestors; so as to be not less a spendthrift in the patrimony of the Roman people than in his own. He is advertising for sale by his law all the revenues, for the decemvirs to sell them; that is to say, he is advertising an auction of the property of the state. He wants lands to be bought, in order to be distributed; he is seeking money. No doubt he will devise something, and bring it forward; for in the preceding chapters the dignity of the Roman people was attacked; the name of our dominion was held up as an object of common hatred to all the nations of the earth; cities which were at peace with us, lands belonging to the allies, the ranks of kings in alliance with us, were all made a present of to the decemvirs; and now they want actual ready money paid down to them.
4	exspecto quid tribunus plebis vigilans et acutus excogitet . ' Veneat ,' inquit , ' silva Scantia .' Vtrum tandem hanc silvam in relictis possessionibus , an in censorum pascuis invenisti ? si quid est quod indagaris , inveneris , ex tenebris erueris , quamquam iniquum est , tamen consume sane , quod commodum est , quoniam quidem tu attulisti ; silvam vero tu Scantiam vendas nobis consulibus atque hoc senatu ? tu ullum vectigal attingas , tu populo Romano subsidia belli , tu ornamenta pacis eripias ? tum vero hoc me inertiorem consulem iudicabo quam illos fortissimos viros qui apud maiores nostros fuerunt , quod , quae vectigalia illis consulibus populo Romano parta sunt , ea me consule ne retineri quidem potuisse iudicabuntur .	I am waiting to see what this vigilant and clever tribune is contriving. Let the Scantian wood, says he, be sold. Did you then find this wood mentioned among the possessions that were left, or in the pasture lands of the lessors? If there is anything which you have hunted out, and discovered, brought to light out of darkness, although it is not just, still use that, since it is convenient, and since you yourself were the person to bring it forward. But shall you sell the Scantian wood while we are consuls, and while this senate is in existence? Shall you touch any of the revenues? Shall you take away from the Roman people that which is their strength in time of war, their ornament in time of peace? But then indeed, I shall think myself a lazier consul than those fearless men who filled this office in the times of our ancestors; because the revenues which were acquired by the Roman people when they were consuls, will be considered not able to be preserved when I am consul.
5	vendit Italiae possessiones ex ordine omnis . sane est in eo diligens ; nullam enim praetermittit . persequitur in tabulis censoriis totam Siciliam ; nullum aedificium , nullos agros relinquit . Audistis auctionem populi Romani proscriptam a tribuno plebis , constitutam in mensem Ianuarium , et , credo , non dubitatis quin idcirco haec aerari causa non vendiderint ei qui armis et virtute pepererunt , ut esset quod nos largitionis causa venderemus .	He is selling all the possessions in Italy, in regular order. Forsooth, he is very busy in that occupation. For does not omit one. He goes through the whole of Sicily in the account-books of the censors. He does not omit one single house, or one single field. You have heard an auction of the property of the Roman people given notice of by tribune of the people, and fixed for the month of January and I suppose you do not doubt, that they who procured these things by their arms and their valour, did not sell the for the sake of the treasury, on purpose that we might have something to sell for the sake of bribery.
6	videte nunc quo adfectent iter apertius quam antea . nam superiore parte legis quem ad modum Pompeium oppugnarent , a me indicati sunt ; nunc iam se ipsi indicabunt . iubent venire agros Attalensium atque Olympenorum quos populo Romano P . Servili , fortissimi viri , victoria adiunxit , deinde agros in Macedonia regios qui partim T . Flaminini , partim L . Pauli qui Persen vicit virtute parti sunt , deinde agrum optimum et fructuosissimum Corinthium qui L . Mummi imperio ac felicitate ad vectigalia populi Romani adiunctus est , post autem agros in Hispania apud Carthaginem novam duorum Scipionum eximia virtute possessos ; tum vero ipsam veterem Carthaginem vendunt quam P . Africanus nudatam tectis ac moenibus sive ad notandam Carthaginiensium calamitatem , sive ad testificandam nostram victoriam , sive oblata aliqua religione ad aeternam hominum memoriam consecravit .	See, now, how much more undisguisedly than before he proceeds on his course. For it has been already shown by how they attacked Pompeius in the earlier part of the law; and now they shall show it also themselves. He orders the lands belonging to the men of Attalia and Olympus to be sold. These lands the victory of Publius Servilius, that most gallant general, had made the property of the Roman people. After that, the royal domains in Macedonia, which were acquired partly by the valour of Titus Flamininus, and part by that of Lucius Paullus, who conquered Perses. After that, that most excellent and productive land which belongs Corinth, which was added to the revenues of the Roman people by the campaigns and successes of Lucius Mummius. After that, they sell the lands in Spain near Carthagena, acquired by the distinguished valour of the two Scipios. Then Carthagena itself, which Publius Scipio, having stripped it of all its fortifications, consecrated to the eternal recollection of men, whether his purpose was to keep up the memory of the disaster of the Carthaginians, or to bear witness to our victory, or to fulfill some religious obligation.
7	his insignibus atque infulis imperi venditis quibus ornatam nobis maiores nostri rem publicam tradiderunt , iubent eos agros venire quos rex Mithridates in Paphlagonia , Ponto Cappadociaque possederit . num obscure videntur prope hasta praeconis insectari Cn . Pompei exercitum qui venire iubeant eos ipsos agros in quibus ille etiam nunc bellum gerat atque versetur ?	Having sold all these ensigns and crowns, as it were, of the empire, with which the republic was adorned, and handed down to you by your ancestors, they then order the lands to be sold which the king Mithridates possessed in Paphlagonia, and Pontus, and Cappadocia. Do they not seem to be pursuing without much disguise, and almost with the crier's spear, the army of Cnaeus Pompeius, when they order those lands to be sold in which he is now engaged and carrying on war?
8	hoc vero cuius modi est , quod eius auctionis quam constituunt locum sibi nullum definiunt ? nam xviris quibus in locis ipsis videatur vendendi potestas lege permittitur . censoribus vectigalia locare nisi in conspectu populi Romani non licet ; his vendere vel in ultimis terris licebit ? at hoc etiam nequissimi homines consumptis patrimoniis faciunt ut in atriis auctionariis potius quam in triviis aut in compitis auctionentur ; hic permittit sua lege xviris ut in quibus commodum sit tenebris , ut in qua velint solitudine , bona populi Romani possint divendere .	But what is the meaning of this, that they fix no place for this auction which they are establishing? For power is given to the decemvirs by this law, of holding their sales in any places which seem convenient to them. The censors are not allowed to let the contracts for farming the revenues, except in the sight of the Roman people. Shall these men be allowed to sell them in the most distant countries? But even the most profligate men, when they have squandered their patrimony, prefer selling their property in the auctioneer's rooms, rather than in the roads, or in the streets. This man, by his law, gives leave to the decemvirs to sell the property of the Roman people in whatever darkness and whatever solitude they find it convenient.
9	iam illa omnibus in provinciis , regnis , liberis populis quam acerba , quam formidolosa , quam quaestuosa concursatio xviralis futura sit , non videtis ? hereditatum obeundarum causa quibus vos legationes dedistis , qui et privati et privatum ad negotium exierunt non maximis opibus neque summa auctoritate praediti , tamen auditis profecto quam graves eorum adventus sociis nostris esse soleant .	Do you not, moreover, see how grievous, how formidable, and how pregnant with extortion that invasion of the decemvirs and of the multitude that will follow in their train will be to all the provinces, and kingdoms, and free nations? In the case of those men on whom you have conferred lieutenancies for the sake of entering on inheritances, though they went as private men, on private business, invested with no excessive power and no supreme authority, you have still heard how burdensome their arrival has proved to your allies.
10	quam ob rem quid putatis impendere hac lege omnibus gentibus terroris et mali , cum immittantur in orbem terrarum xviri summo cum imperio , summa cum avaritia infinitaque omnium rerum cupiditate ? quorum cum adventus graves , cum fasces formidolosi , tum vero iudicium ac potestas erit non ferenda ; licebit enim quod videbitur publicum iudicare , quod iudicarint vendere . etiam illud quod homines sancti non facient , ut pecuniam accipiant ne vendant , tamen id eis ipsum per legem licebit . hinc vos quas spoliationes , quas pactiones , quam denique in omnibus locis nundinationem iuris ac fortunarum fore putatis ?	What alarm and what misfortune, then must you think all nations are threatened with by this law, when decemvirs are sent all over the world with supreme power,—men of the greatest avarice, and with an insatiable desire for every sort of property? whose arrival will be grievous, whose forces will be formidable, whose judicial and arbitrary power will be absolutely intolerable. For they will have the power of deciding whatever they please to be public property, and of selling whatever they decide to be such. Even that very thing which conscientious men will not do, namely, taking money to abstain from selling, is to be made lawful for them to do by the express provisions of the law. From this provision what plunderings, what bargainings, what a regular auction of all law and of every one's fortunes must inevitably arise!
11	etenim , quod superiore parte legis praefinitum fuit , ' Svlla et Pompeio consvlibvs ,' id rursus liberum infinitumque fecerunt .	Even that which in the former pert of the law made in the consulship of Sulla and Pompeius was strictly defined, that they have now left at the discretion of these men, without any restriction or limitation.
12	iubet enim eosdem xviros omnibus agris publicis pergrande vectigal imponere , ut idem possint et liberare agros quos commodum sit et quos ipsis libeat publicare . quo in iudicio perspici non potest utrum severitas acerbior an benignitas quaestuosior sit futura . sunt tamen in tota lege exceptiones duae non tam iniquae quam suspiciosae . excipit enim in vectigali imponendo agrum Recentoricum Siciliensem , in vendendis agris eos agros de quibus cautum sit foedere . hi sunt in Africa , qui ab Hiempsale possidentur .	He orders these same decemvirs to impose an exceedingly heavy tax on all the public domains, in order that they might be able both to release what lands they choose and to confiscate what they choose. And in this proceeding it is hard to see whether their severity will be more cruel or their kindness more gainful. However, there are in the whole law two exceptions, not so much unjust as suspicious. In imposing the tax it makes an exception with respect to the Recentoric district in Sicily; and in selling the land, he excepts those with respect to which there was an express provision in the treaty. These lands are in Africa, in the occupation of Hiempsal.
13	hic quaero , si Hiempsali satis est cautum foedere et Recentoricus ager privatus est , quid attinuerit excipi ; sin et foedus illud habet aliquam dubitationem et ager Recentoricus dicitur non numquam esse publicus , quem putet existimaturum duas causas in orbe terrarum repertas quibus gratis parceret . num quisnam tam abstrusus usquam nummus videtur quem non architecti huiusce legis olfecerint ? provincias , civitates liberas , socios , amicos , reges denique exhauriunt , admovent manus vectigalibus populi Romani .	Here I ask, if sufficient protection is afforded to Hiempsal by the treaty and if the Recentoric district is private property, what was use of excepting these lands by name in the law? If that treaty itself has some obscurity in it, and if the Recentoric is sometimes said to be public property, who do you suppose will believe that there have been two interests found in the world, and only two, which he spared for nothing? Does there appear to have been any coin in the world so carefully hidden that the architects of this law have failed to scent it out? They are draining the provinces, the free cities, our allies, our friends, and even the kings who are confederate with us. They are laying bands on the revenue of the Roman people.
14	non est satis . audite , audite vos qui amplissimo populi senatusque iudicio exercitus habuistis et bella gessistis : quod ad quemque pervenerit ex praeda , ex manubiis , ex auro coronario , quod neque consumptum in monumento neque in aerarium relatum sit , id ad xviros referri iubet ! hoc capite multa sperant ; in omnis imperatores heredesque eorum quaestionem suo iudicio comparant , sed maximam pecuniam se a Fausto ablaturos arbitrantur . quam causam suscipere iurati iudices noluerunt , hanc isti xviri susceperunt : idcirco a iudicibus fortasse praetermissam esse arbitrantur quod sit ipsis reservata .	That is not enough. Listen—listen, you who, by the most honourable vote of the people and senate, have commanded armies and carried on wars:—“Whatever has come or shall come to anyone, of booty, of spoils, of money given for gold crowns, which has neither been spent on a monument, nor paid into the treasury, is all to be paid over to the decemvirs.” From this chapter they expect a great deal. The propose by their resolution an investigation into the affairs of all our generals and all their heirs. But they expect to go the greatest quantity of money from Faustus. That cause which the judges upon their oath would not undertake, these decemvirs have undertaken. They think, perhaps, that it was declined by the judges, on purpose to be reserved to them.
15	deinde etiam in reliquum tempus diligentissime sancit ut , quod quisque imperator habeat pecuniae , protinus ad xviros deferat . hic tamen excipit Pompeium simillime , ut mihi videtur , atque ut illa lege qua peregrini Roma eiciuntur Glaucippus excipitur . non enim hac exceptione unus adficitur beneficio , sed unus privatur iniuria . sed cui manubias remittit , in huius vectigalia invadit . iubet enim pecunia , si qua post nos consules ex novis vectigalibus recipiatur , hac uti xviros . quasi vero non intellegamus haec eos vectigalia quae Cn . Pompeius adiunxerit vendere cogitare .	After that, the law most carefully provides for the future, that, whatever money any general receives, he is at once to pay over to the decemvirs. But here he excepts Pompeius, very much as, as it seems to me, in that law by which aliens are sent away from Rome an exception is made in favour of Glaucippus. For the effect of this exception is not to confer a kindness on one man, but merely to save one man from injustice. But the man whose spoils the law thus spares, has his revenues invaded by the same law. For it orders all the money which is received after our consulship from the new revenues, to be placed to the use of the decemvirs. As if we did not see that they were thinking of selling the revenues which Cnaeus Pompeius has added to the wealth of the Roman people.
16	videtis iam , patres conscripti , omnibus rebus et modis constructam et coacervatam pecuniam xviralem . minuetur huius pecuniae invidia ; consumetur enim in agrorum emptionibus . optime . quis ergo emet agros istos ? idem xviri ; tu , Rulle ,— missos enim facio ceteros — emes quod voles , vendes quod voles ; utrumque horum facies quanti voles . cavet enim vir optimus ne emat ab invito . quasi vero non intellegamus ab invito emere iniuriosum esse , ab non invito quaestuosum . quantum tibi agri vendet , ut alios omittam , socer tuus , et , si ego eius aequitatem animi probe novi , vendet non invitus ? facient idem ceteri libenter , ut possessionis invidiam pecunia commutent , accipiant quod cupiunt , dent quod retinere vix possunt .	You see now, O conscript fathers, that the money which is to belong to the decemvirs is collected and heaped together from every possible source, and by every imaginable expedient. The unpopularity arising from their possession of this large sum is to be diminished, for it shall be spent in the purchase of lands. Exceedingly well. Who then is to buy those lands? These same decemvirs. You, O Rullus— for I say nothing of the rest of them,—are to buy whatever you like; to sell whatever you like, to buy or sell at whatever price you please. For that admirable man takes care not to buy of any one against his will. As if we did not understand that to buy of a man against his will is an injurious thing to do; but to buy of one who has no objection, is profitable. How much land (to say nothing of other people) will your father-in-law sell you? and, if I have formed a proper estimate of the fairness of his disposition, will have no objection to sell you? The rest will do the same willingly; they will be glad to exchange the unpopularity attaching to the possession of land for money; to receive whatever they demand, and to part with what they can scarcely retain.
17	nunc perspicite omnium rerum infinitam atque intolerandam licentiam . pecunia coacta est ad agros emendos ; ei porro ab invitis non ementur . si consenserint possessores non vendere , quid futurum est ? referetur pecunia ? non licet . exigetur ? vetat . verum esto ; nihil est quod non emi possit , si tantum des quantum velit venditor . spoliemus orbem terrarum , vendamus vectigalia , effundamus aerarium , ut locupletatis aut invidiae aut pestilentiae possessoribus agri tamen emantur .	Now just see the boundless and intolerable licentiousness of all these measures. Money has been collected for the purchase of lands. More-over, the lands are not to be bought of people against their will. Suppose all the owners agree not to sell, what is to happen then? Is the money to be refunded? That cannot be. Is it to be collected? The law forbids that. However, let that pass. There is nothing which cannot be bought, if you will only give as much as the seller asks. Let us plunder the whole world, let us sell our revenues, let us exhaust the treasury, in order that, whether men be owners of wealth, or of odium, or even of a pestilence, still their lands may be bought.
18	quid tum ? quae erit in istos agros deductio , quae totius rei ratio atque descriptio ? ' deducentur ,' inquit , ' coloniae .' quot ? quorum hominum ? in quae loca ? quis enim non videt in coloniis esse haec omnia consideranda ? tibi nos , Rulle , et istis tuis harum omnium rerum machinatoribus totam Italiam inermem tradituros existimasti , quam praesidiis confirmaretis , coloniis occuparetis , omnibus vinclis devinctam et constrictam teneretis ? Vbi enim cavetur ne in Ianiculo coloniam constituatis , ne urbem hanc urbe alia premere atque urgere possitis ? ' non faciemus ,' inquit . primum nescio , deinde timeo , postremo non committam ut vestro beneficio potius quam nostro consilio salvi esse possimus .	What is to happen then? what sort of men are to be established as settlers in those lands? what is to be the system and plan adopted in the whole business? Colonies, say the law, shall be led thither, and settled there. How many? Of what class of men? Where are they to be established? For who is there who does not see that all these things have got to be considered when we are talking of colonies? Did you think, O Rullus, that we would give up the whole of Italy to you and to those contrivers of everything whom you have set up, in an unarmed and defenceless state, for you to strengthen it with garrisons afterwards? for you to occupy it with colonies? to hold it bound and fettered by every sort of chain? For where is there any clause to prevent your establishing a colony on the Janiculan Hill? or from oppressing and overwhelming this city with some other city? We will not do so, says he. In the first place, I don't know that; in the next place, I am afraid of you; lastly, I will never permit our safety to depend on your kindness rather than on our own prudence.
19	quod vero totam Italiam vestris coloniis complere voluistis , id cuius modi esset neminemne nostrum intellecturum existimavistis ? scriptum est enim : ' Qvae in mvnicipia qvasqve in colonias xviri velint , dedvcant colonos qvos velint et eis agros adsignent qvibvs in locis velint ,' ut , cum totam Italiam militibus suis occuparint , nobis non modo dignitatis retinendae , verum ne libertatis quidem recuperandae spes relinquatur . atque haec a me suspicionibus et coniectura coarguuntur .	But as you wanted to fill all Italy with your colonies, did you think that not one of us would understand what sort of a measure that was? For it is written, “The decemvirs may lead whatever settlers they choose into whatever municipalities and colonies they like; and they may assign them lands in whatever places they please;” so that, when they have occupied all Italy with their soldiers, you may have no hope left you, I will not say of retaining your dignity, but none even of recovering your liberty. And these things, indeed, I object to on suspicion and from conjecture.
20	iam omnis omnium tolletur error , iam aperte ostendent sibi nomen huius rei publicae , sedem urbis atque imperi , denique hoc templum Iovis optimi maximi atque hanc arcem omnium gentium displicere . Capuam deduci colonos volunt , illam urbem huic urbi rursus opponere , illuc opes suas deferre et imperi nomen transferre cogitant . qui locus propter ubertatem agrorum abundantiamque rerum omnium superbiam et crudelitatem genuisse dicitur , ibi nostri coloni delecti ad omne facinus a xviris conlocabuntur , et , credo , qua in urbe homines in vetere dignitate fortunaque nati copiam rerum moderate ferre non potuerunt , in ea isti vestri satellites modeste insolentiam suam continebunt .	But now all mistake on any side shall be removed; now they shall show openly that the very name of this republic, and the situation of this city and empire, that even this very temple of the good and great Jupiter, and this citadel of all nations, is odious to them. They wish settlers to be conducted to Capua. They wish again to oppose that city to this city. They think of removing all their riches thither of transferring thither the name of the empire. That place which, because of the fertility of its lands and its abundance of every sort of production, is said to be the parent of pride and cruelty—in that our colonists, men selected as fit for every imaginable purpose, will be settled by the decemvirs. No doubt, in that city, in which men, though born to the enjoyment of ancient dignities and hereditary fortunes, were still unable to bear with moderation the luxuriance of their fortunes, your satellites will be able to restrain their insolence and to behave with modesty.
21	maiores nostri Capua magistratus , senatum , consilium commune , omnia denique insignia rei publicae sustulerunt , neque aliud quicquam in urbe nisi inane nomen Capuae reliquerunt , non crudelitate — quid enim illis fuit clementius qui etiam externis hostibus victis sua saepissime reddiderunt ?— sed consilio , quod videbant , si quod rei publicae vestigium illis moenibus contineretur , urbem ipsam imperio domicilium praebere posse ; vos haec , nisi evertere rem publicam cuperetis ac vobis novam dominationem comparare , credo , quam perniciosa essent non videretis .	Our ancestors removed from Capua the magistrates, the senate, the general council, and all the ensigns of the republic, and left nothing there except the bare name of Capua; not out of cruelty, (for what was ever more merciful than they were? for they often restored their property even to foreign enemies when they had been subdued;) but out of wisdom; because they saw that if any trace of the republic remained within those walls, the city itself might be able to afford a home to supreme power. And would not you too see how mischievous these things were, if you were not desirous of overturning the republic, and of procuring a new sort of power for your own selves?