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On the Agrarian Law (M. Tullius Cicero)
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On the Agrarian Law

Author: M. Tullius Cicero
Translator: C. D. Yonge
43
neque
enim
,
Quirites
,
illud
vobis
iucundum
aut
populare
debet
videri
,
largitio
aliqua
promulgata
,
quae
verbis
ostentari
potest
,
re
vera
fieri
nisi
exhausto
aerario
nullo
pacto
potest
;
neque
vero
illa
popularia
sunt
existimanda
,
iudiciorum
perturbationes
,
rerum
iudicatarum
infirmationes
,
restitutio
damnatorum
,
qui
civitatum
adflictarum
perditis
iam
rebus
extremi
exitiorum
solent
esse
exitus
;
nec
,
si
qui
agros
populo
Romano
pollicentur
,
si
aliud
quiddam
obscure
moliuntur
,
aliud
spe
ac
specie
simulationis
ostentant
,
populares
existimandi
sunt
.
And, O Romans, a promised liberality which, however you may be encouraged by words to expect it, cannot be performed by any possible means without exhausting the treasury, ought not to appear to you an agreeable measure, or one calculated to promote your real interests. Nor are the disturbances of the courts of justice, and the reversals of judicial decisions, and the restoration of convicted persons to be considered as measures advantageous to the people; for they are rather the preludes to the total ruin of cities whose affairs are already in a falling and almost desperate state. Nor, if any men promise lands to the Roman people, or if they hold out to you, under false pretences, hopes of such things, while in secret they are keeping entirely different objects in view, are they to be thought devoted to the true interests of the people.
44
nam
vere
dicam
,
Quirites
,
genus
ipsum
legis
agrariae
vituperare
non
possum
.
venit
enim
mihi
in
mentem
duos
clarissimos
,
ingeniosissimos
,
amantissimos
plebei
Romanae
viros
,
ti
.
et
C
.
Gracchos
,
plebem
in
agris
publicis
constituisse
,
qui
agri
a
privatis
antea
possidebantur
.
non
sum
autem
ego
is
consul
qui
,
ut
plerique
,
nefas
esse
arbitrer
Gracchos
laudare
,
quorum
consiliis
,
sapientia
,
legibus
multas
esse
video
rei
publicae
partis
constitutas
.
For I will speak the truth, O Romans; I cannot find fault with the general principle of an agrarian law, for it occurs to my mind that two most illustrious men, two most able men, two men most thoroughly attached to the Roman people, Tiberius and Caius Gracchus, established the people on public domains which had previously been occupied by private individuals. Nor am I a consul of such opinions as to think it wrong, as most men do, to praise the Gracchi; by whose counsels, and wisdom, and laws, I see that many parts of the republic have been greatly strengthened.
45
itaque
,
ut
initio
mihi
designato
consuli
nuntiabatur
legem
agrariam
tribunos
plebis
designatos
conscribere
,
cupiebam
quid
cogitarent
cognoscere
;
etenim
arbitrabar
,
quoniam
eodem
anno
gerendi
nobis
essent
magistratus
,
esse
aliquam
oportere
inter
nos
rei
publicae
bene
administrandae
societatem
.
Therefore, when at the very beginning, I, being the consul elect, was informed that the tribunes elect of the people were drawing up an agrarian law, I wished to ascertain what their plans were. In truth, I thought that, since we were both to act as magistrates in the same year, it was right that there should be some union between us, for the purpose of governing the republic wisely and successfully.
46
Cum
familiariter
me
in
eorum
sermonem
insinuarem
ac
darem
,
celabar
,
excludebar
,
et
,
cum
ostenderem
,
si
lex
utilis
plebi
Romanae
mihi
videretur
,
auctorem
me
atque
adiutorem
futurum
,
tamen
aspernabantur
hanc
liberalitatem
meam
;
negabant
me
adduci
posse
ut
ullam
largitionem
probarem
.
finem
feci
offerendi
mei
ne
forte
mea
sedulitas
aut
insidiosa
aut
impudens
videretur
.
interea
non
desistebant
clam
inter
se
convenire
,
privatos
quosdam
adhibere
,
ad
suos
coetus
occultos
noctem
adiungere
et
solitudinem
.
quibus
rebus
quanto
in
metu
fuerimus
,
ex
vestra
sollicitudine
in
qua
illis
temporibus
fuistis
facile
adsequi
coniectura
poteritis
.
When I wished to join them familiarly in conversation, I was shut out; their projects were concealed from me: and when I assured them that, if the law appeared to me to be advantageous to the Roman people, I would assist them in it and promote it, still they rejected this liberality of mine with scorn, and said that I could not possibly be induced to approve of any liberal measures. I ceased to offer myself to them, lest perchance my importunity should seem to them treacherous or impudent. In the meantime they did not cease to have secret meetings among themselves, to invite some private individuals to them, and to choose night and darkness for their clandestine deliberations. And what great alarm this conduct of theirs caused us, you may easily divine by your own conjectures founded on the anxiety which you yourselves experienced at that time.
47
ineunt
tandem
magistratus
tribuni
plebis
;
contio
exspectatur
P
.
Rulli
,
quod
et
princeps
erat
agrariae
legis
et
truculentius
se
gerebat
quam
ceteri
.
iam
designatus
alio
voltu
,
alio
vocis
sono
,
alio
incessu
esse
meditabatur
,
vestitu
obsoletiore
,
corpore
inculto
et
horrido
,
capillatior
quam
ante
barbaque
maiore
,
ut
oculis
et
aspectu
denuntiare
omnibus
vim
tribuniciam
et
minitari
rei
publicae
videretur
.
legem
hominis
contionemque
exspectabam
;
lex
initio
nulla
proponitur
,
contionem
in
pridie
Idus
advocari
iubet
.
summa
cum
exspectatione
concurritur
.
explicat
orationem
sane
longam
et
verbis
valde
bonis
.
Vnum
erat
quod
mihi
vitiosum
videbatur
,
quod
tanta
ex
frequentia
inveniri
nemo
potuit
qui
intellegere
posset
quid
diceret
.
hoc
ille
utrum
insidiarum
causa
fecerit
,
an
hoc
genere
eloquentiae
delectetur
nescio
.
tametsi
,
qui
acutiores
in
contione
steterant
,
de
lege
agraria
nescio
quid
voluisse
eum
dicere
suspicabantur
.
aliquando
tandem
me
designato
lex
in
publicum
proponitur
.
concurrunt
iussu
meo
plures
uno
tempore
librarii
,
descriptam
legem
ad
me
adferunt
.
At last the tribunes of the people enter on their office. The assembly to be convened by Publius Rullus was anxiously looked for, both because he was the chief mover of the agrarian law, and because he behaved with more violence than his colleagues. From the moment that he was elected tribune, he put on another expression of countenance, another tone of voice, a different gait; he went about in an old-fashioned dress, without any regard to neatness in his person, with longer hair and a more abundant beard than before; so that he seemed by his eyes and by his whole aspect to be threatening every one with the power of the tribunes, and to be meditating evil to the republic. I was waiting in expectation of his law and of the assembly. At first no law at all is proposed. He orders an assembly to be summoned as his first measure. Men flock to it with the most eager expectation. He makes a long enough speech, expressed in very good language. There was one thing which seemed to me bad, and that was, that out of all the crowd there present, not one man could be found who was able to understand what he meant. Whether he did this with any insidious design, or whether that is the sort of eloquence in which he takes pleasure, I do not know. Still, if there was any one in the assembly cleverer than another, he suspected that he was intending to say something or other about an agrarian law. At last, after I had been elected consul, the law is proposed publicly. By my order several clerks meet at one time, and bring me an accurate copy of the law.
48
omni
hoc
ratione
vobis
confirmare
possum
,
Quirites
,
hoc
animo
me
ad
legendam
legem
cognoscendamque
venisse
ut
,
si
eam
vobis
accommodatam
atque
utilem
esse
intellegerem
,
auctor
eius
atque
adiutor
essem
.
non
enim
natura
neque
discidio
neque
odio
penitus
insito
bellum
nescio
quod
habet
susceptum
consulatus
cum
tribunatu
,
quia
persaepe
seditiosis
atque
improbis
tribunis
plebis
boni
et
fortes
consules
obstiterunt
,
et
quia
vis
tribunicia
non
numquam
libidini
restitit
consulari
.
non
potestatum
dissimilitudo
,
sed
animorum
disiunctio
dissensionem
facit
.
I assure you with the most real sincerity, O Romans, that I applied myself to the reading and understanding of this law with these feelings, that if I had thought it well adapted to your interests, and advantageous to them, I would have been a chief mover in and promoter of it. For the consulship has not, either by nature, or by any inherent difference of object, or by any instinctive hatred, any enmity against the tribuneship, though good and fearless consuls have often opposed seditious and worthless tribunes of the people, and though the power of the tribunes has sometimes opposed the capricious licentiousness of the consuls. It is not the dissimilarity of their powers, but the disunion of their minds, that creates dissension between them.
49
itaque
hoc
animo
legem
sumpsi
in
manus
ut
eam
cuperem
esse
aptam
vestris
commodis
et
eius
modi
quam
consul
re
,
non
oratione
popularis
et
honeste
et
libenter
posset
defendere
.
atque
ego
a
primo
capite
legis
usque
ad
extremum
reperio
,
Quirites
,
nihil
aliud
cogitatum
,
nihil
aliud
susceptum
,
nihil
aliud
actum
nisi
uti
x
reges
aerari
,
vectigalium
,
provinciarum
omnium
,
totius
rei
publicae
,
regnorum
,
liberorum
populorum
,
orbis
denique
terrarum
domini
constituerentur
legis
agrariae
simulatione
atque
nomine
.
sic
confirmo
,
Quirites
,
hac
lege
agraria
pulchra
atque
populari
dari
vobis
nihil
,
condonari
certis
hominibus
omnia
,
ostentari
populo
Romano
agros
,
eripi
etiam
libertatem
,
privatorum
pecunias
augeri
,
publicas
exhauriri
,
denique
,
quod
est
indignissimum
,
per
tribunum
plebis
,
quem
maiores
praesidem
libertatis
custodemque
esse
voluerunt
,
reges
in
civitate
constitui
.
Therefore, I applied myself to the consideration of the law with these feelings, that I wished to find it calculated to promote your interests, and such an one as a consul who was really, not in word only, devoted to the people; might honestly and cheerfully advocate. And from the first clause of the proposed law to the last, O Romans, I find nothing else thought of, nothing else intended, nothing else aimed at, but to appoint ten kings of the treasury, of the revenues, of all the provinces, of the whole of the republic, of the kingdoms allied with us, of the free nations confederate with us—ten lords of the whole world, under the pretence and name of an agrarian law.
50
quae
cum
,
Quirites
,
exposuero
,
si
falsa
vobis
videbuntur
esse
,
sequar
auctoritatem
vestram
,
mutabo
meam
sententiam
;
sin
insidias
fieri
libertati
vestrae
simulatione
largitionis
intellegetis
,
nolitote
dubitare
plurimo
sudore
et
sanguine
maiorum
vestrorum
partam
vobisque
traditam
libertatem
nullo
vestro
labore
consule
adiutore
defendere
.
I do assert to you, O Romans, that by this beautiful agrarian law, by this law calculated solely for the good of the people, nothing whatever is given to you, everything is sacrificed to a few particular men; that lands are displayed before the eyes of the Roman people, liberty is taken away from them; that the fortunes of some private individuals are increased, the public wealth is exhausted; and lastly, which is the most scandalous thing of all, that by means of a tribune of the people, whom our ancestors designed to be the protector and guardian of liberty, kings are being established in the city. And when I have shown to you all the grounds for this statement, if they appear to you to be erroneous, I will yield to your authority, I will abandon my own opinion, but if you become aware that plots are laid against your liberty, under a pretence of liberality, then do not hesitate, now that you have a consul to assist you, to defend that liberty which was earned by the sweat and blood of your ancestors, and handed down to you, without any trouble on your part.
51
primum
caput
est
legis
agrariae
quo
,
ut
illi
putant
,
temptamini
leviter
quo
animo
libertatis
vestrae
deminutionem
ferre
possitis
.
iubet
enim
tribunum
plebis
qui
eam
legem
tulerit
creare
xviros
per
tribus
xvii
,
ut
,
quem
viiii
tribus
fecerint
,
is
xvir
sit
.
The first clause in this agrarian law is one by which, as they think, you are a little proved, to see with what feelings you can bear a diminution of your liberty. For it orders “the tribune of the people who has passed this law to create ten decemvirs by the votes of seventeen tribes, so that whomsoever a majority consisting of nine tribes elects, shall be a decemvir.”
52
hic
quaero
quam
ob
causam
initium
rerum
ac
legum
suarum
hinc
duxerit
ut
populus
Romanus
suffragio
privaretur
.
totiens
legibus
agrariis
curatores
constituti
sunt
iiiviri
,
vviri
,
xviri
;
quaero
a
populari
tribuno
plebis
ecquando
nisi
per
xxxv
tribus
creati
sint
.
etenim
cum
omnis
potestates
,
imperia
,
curationes
ab
universo
populo
Romano
proficisci
convenit
,
tum
eas
profecto
maxime
quae
constituuntur
ad
populi
fructum
aliquem
et
commodum
,
in
quo
et
universi
deligant
quem
populo
Romano
maxime
consulturum
putent
,
et
unus
quisque
studio
et
suffragio
suo
viam
sibi
ad
beneficium
impetrandum
munire
possit
.
hoc
tribuno
plebis
potissimum
venit
in
mentem
,
populum
Romanum
universum
privare
suffragiis
,
paucas
tribus
non
certa
condicione
iuris
,
sed
sortis
beneficio
fortuito
ad
usurpandam
libertatem
vocare
.
On this I ask, on what account the framer of this law has commenced his law and his measures in such a manner, as to deprive the Roman people of its right of voting? As often as agrarian laws have been passed, commissioners, and triumvirs, and quinquevirs, and decemvirs have been appointed. I ask this tribune of the people, who is so attached to the people, whether they were ever created except by the whole thirty-five tribes? In truth, as it is proper for every power, and every command, and every charge which is committed to any one, to proceed from the entire Roman people, so especially ought those to do so, which are established for any use and advantage of the Roman people; as that is a case in which they all together choose the man who they think will most study the advantage of the Roman people, and in which also each individual among them by his own zeal and his own vote assists to make a road by which he may obtain some individual benefit for himself. This is the tribune to whom it has occurred above all others to deprive the Roman people of their suffrages, and to invite a few tribes not by any fixed condition of law, but by the kindness of lots drawn, and by chance, to usurp the liberties belonging to all.
53 '
item
,'
inquit
, '
eodemqve
modo
,'
capite
altero
, '
vt
comitiis
pontificis
maximi
.'
ne
hoc
quidem
vidit
,
maiores
nostros
tam
fuisse
popularis
ut
,
quem
per
populum
creari
fas
non
erat
propter
religionem
sacrorum
,
in
eo
tamen
propter
amplitudinem
sacerdoti
voluerint
populo
supplicari
.
atque
hoc
idem
de
ceteris
sacerdotiis
Cn
.
Domitius
,
tribunus
plebis
,
vir
clarissimus
,
tulit
,
quod
populus
per
religionem
sacerdotia
mandare
non
poterat
,
ut
minor
pars
populi
vocaretur
;
ab
ea
parte
qui
esset
factus
,
is
a
conlegio
cooptaretur
.
“Also in the same manner,” it says in the second clause, “as in the comitia for the election of a Pontifex Maximus.” He did not perceive even this, that our ancestors did really study the good of the people so much, that, though it was not lawful for that office to be conferred by the people, on account of the religious ceremonies then used, still, they chose, in order to do additional honour to the priesthood, that the sanction of the people should be asked for it. And Cnaeus Domitius, a tribune of the people, and a most eminent man, passed the same law with respect to the other priesthoods; enacting, because the people, on account of the requirements of religion, could not confer the priesthoods, that a small half of the people should be invited; and that whoever was selected by that half should be chosen into their body by the sacred college.
54
videte
quid
intersit
inter
Cn
.
Domitium
,
tribunum
plebis
,
hominem
nobilissimum
,
et
P
.
Rullum
qui
temptavit
,
ut
opinor
,
patientiam
vestram
,
cum
se
nobilem
esse
diceret
.
Domitius
,
quod
per
caerimonias
populi
fieri
non
poterat
,
ratione
adsecutus
est
,
ut
id
,
quoad
posset
,
quoad
fas
esset
,
quoad
liceret
,
populi
ad
partis
daret
;
hic
,
quod
populi
semper
proprium
fuit
,
quod
nemo
imminuit
,
nemo
mutavit
quin
ei
qui
populo
agros
essent
adsignaturi
ante
acciperent
a
populo
beneficium
quam
darent
,
id
totum
eripere
vobis
atque
e
manibus
extorquere
conatus
est
.
ille
,
quod
dari
populo
nullo
modo
poterat
,
tamen
quodam
modo
dedit
;
hic
,
quod
adimi
nullo
pacto
potest
,
tamen
quadam
ratione
eripere
conatur
.
See now how great a difference there is between Cnaeus Domitius, a tribune of the people, a man of the highest rank, and Publius Rullus, who tried your patience, as I imagine, when he said that he was a noble. Domitius contrived a way by which, as far as he was able, as far as was consistent with the laws of men and of gods, he might confer on a portion of the people what could not be done by any regular proceeding on the part of the entire people. But this man, when there was a thing which had always belonged to the people, which no one had ever impaired, and which no one had ever altered,—the principle, namely, that those who were to assign lands to the people, should receive a kindness from the Roman people before they conferred one on it; that this man has endeavoured entirely to take away from you, and to wrest out of your hands. The one contrived somehow or other to give that which could not really be given formally to the people; the other endeavours somehow or other to take away from them by manoeuvre, what could not possibly be taken from them by direct power.
55
quaeret
quispiam
in
tanta
iniuria
tantaque
impudentia
quid
spectarit
.
non
defuit
consilium
;
fides
erga
plebem
Romanam
,
Quirites
,
aequitas
in
vos
libertatemque
vestram
vehementer
defuit
.
iubet
enim
comitia
xviris
habere
creandis
eum
qui
legem
tulerit
.
hoc
dicam
planius
:
iubet
Rullus
,
homo
non
cupidus
neque
appetens
,
habere
comitia
Rullum
.
nondum
reprehendo
;
video
fecisse
alios
;
illud
quod
nemo
fecit
,
de
minore
parte
populi
,
quo
pertineat
videte
.
habebit
comitia
,
volet
eos
renuntiare
quibus
regia
potestas
hac
lege
quaeritur
;
universo
populo
neque
ipse
committit
neque
illi
horum
consiliorum
auctores
committi
recte
putant
posse
.
Some one will ask what was his purpose in such injustice and such impudence. He was not without an object. But good faith towards the Roman people, just feelings towards you and your liberty, he was utterly without. For he orders the man who has passed the law to hold the comitia for the creation of the decemvirs. I will state the case more plainly. Rullus, as a man far from being covetous or ambitious, orders Rullus to hold the comitia. I do not find fault yet. I see that others have done the same thing. Now see what is the object of this, which no one else ever did, with respect to the smaller half of the people. He will hold the comitia; he wishes to have the appointment of those officers for whom kingly power is sought to be procured by this law. He himself will not entrust it to the entire people, nor do those who were the original instigators of these designs think it ought to be entrusted to them.
56
sortietur
tribus
idem
Rullus
.
homo
felix
educet
quas
volet
tribus
.
quos
viiii
tribus
xviros
fecerint
ab
eodem
Rullo
eductae
,
hos
omnium
rerum
,
ut
iam
ostendam
,
dominos
habebimus
.
atque
hi
,
ut
grati
ac
memores
benefici
esse
videantur
,
aliquid
se
viiii
tribuum
notis
hominibus
debere
confitebuntur
,
reliquis
vero
vi
et
xx
tribubus
nihil
erit
quod
non
putent
posse
suo
iure
se
denegare
.
quos
tandem
igitur
xviros
fieri
volt
?
se
primum
.
qui
licet
?
leges
enim
sunt
veteres
neque
eae
consulares
,
si
quid
interesse
hoc
arbitramini
,
sed
tribuniciae
vobis
maioribusque
vestris
vehementer
gratae
atque
iucundae
;
Licinia
est
lex
et
altera
Aebutia
,
quae
non
modo
eum
qui
tulerit
de
aliqua
curatione
ac
potestate
sed
etiam
conlegas
eius
,
cognatos
,
adfinis
excipit
,
ne
eis
ea
potestas
curatiove
mandetur
.
The same Rullus will cast lots between the tribes. He, happy man, will pick out the tribes which he prefers. Those decemvirs whom the nine tribes selected by this same Rullus may choose to appoint, we shall have, as I shall presently show, for our absolute masters in everything. And they, that they may appear to be grateful men, and to be mindful of kindness, will confess that they are indebted to the leading men of these nine tribes. But as for the other six-and-twenty tribes, there will be nothing which they will not think that they have a right to refuse them. Who are they, then, whom he means to have elected tribunes? In the first place, himself. How can that be lawful? For there are old laws, and those too not laws made by consuls, if you think that that makes any difference, but made by tribunes, very pleasing and agreeable to you and to your ancestors. There is the Licinian law, and the second Aebutian law; which excepts not only the man who has caused a law to be passed concerning any commission or power, but also all his colleagues and all his connections, and incapacitates them from being appointed to any power or commission so established.
57
etenim
si
populo
consulis
,
remove
te
a
suspicione
alicuius
tui
commodi
,
fac
fidem
te
nihil
nisi
populi
utilitatem
et
fructum
quaerere
,
sine
ad
alios
potestatem
,
ad
te
gratiam
benefici
tui
pervenire
.
nam
hoc
quidem
vix
est
liberi
populi
,
vix
vestrorum
animorum
ac
magnificentiae
.
In truth, if you consult the interests of the people, remove yourself from all suspicion of any advantage to yourself; allow the power to accrue to others, gratitude for the good you have done must be enough for yourself. For such conduct as this is scarcely becoming in a free people, it is scarcely consistent with your spirit and dignity.
58
quis
legem
tulit
?
Rullus
.
quis
maiorem
partem
populi
suffragiis
prohibuit
?
Rullus
.
quis
comitiis
praefuit
,
quis
tribus
quas
voluit
vocavit
nullo
custode
sortitus
,
quis
xviros
quos
voluit
creavit
?
idem
Rullus
.
quem
principem
renuntiavit
?
Rullum
.
vix
me
hercule
servis
hoc
eum
suis
,
non
modo
vobis
omnium
gentium
dominis
probaturum
arbitror
.
optimae
leges
igitur
hac
lege
sine
ulla
exceptione
tollentur
;
idem
lege
sibi
sua
curationem
petet
,
idem
maiore
parte
populi
suffragiis
spoliata
comitia
habebit
,
quos
volet
atque
in
eis
se
ipsum
renuntiabit
,
et
videlicet
conlegas
suos
ascriptores
legis
agrariae
non
repudiabit
,
a
quibus
ei
locus
primus
in
indice
et
in
praescriptione
legis
concessus
est
;
ceteri
fructus
omnium
rerum
qui
in
spe
legis
huius
positi
sunt
communi
cautione
atque
aequa
ex
parte
retinentur
.
Who passed the law? Rullus. Who prevented the greater portion of the people from having a vote? Rullus. Who presided over the comitia? Who summoned to the election whatever tribes he pleased, having drawn the lots for them without any witness being present to see fair play? Who appointed whatever decemvirs he chose? This same Rullus. Whom did he appoint chief of the decemvirs? Rullus. I hardly believe that he could induce his own slaves to approve of this; much less you, who are the masters of all nations. Therefore, the most excellent laws will be repealed by this law without the least suspicion of the fact. He will seek for a commission for himself by virtue of his own law; he will hold comitia, though the greater portion of the people is stripped of their votes; he will appoint whomsoever he pleases, and himself among them; and forsooth he will not reject his own colleagues, the backers of this agrarian law by whom the first place in the unpopularity which may possibly arise from drawing the law, and from having his name at the head of it, has indeed been conceded to him, but the profit from the whole business, they, who in the hope of it are placed in this position, reserve to themselves in equal shares with him.
59
at
videte
hominis
diligentiam
,
si
aut
Rullum
illud
cogitasse
aut
si
Rullo
potuisse
in
mentem
venire
arbitramini
.
viderunt
ei
qui
haec
machinabantur
,
si
vobis
ex
omni
populo
deligendi
potestas
esset
data
,
quaecumque
res
esset
in
qua
fides
,
integritas
,
virtus
,
auctoritas
quaereretur
,
vos
eam
sine
dubitatione
ad
Cn
.
Pompeium
principem
delaturos
.
etenim
quem
unum
ex
cunctis
delegissetis
ut
eum
omnibus
omnium
gentium
bellis
terra
et
mari
praeponeretis
,
certe
in
xviris
faciendis
sive
fides
haberetur
sive
honos
,
et
committi
huic
optime
et
ornari
hunc
iustissime
posse
intellegebant
.
But now take notice of the diligence of the man, if indeed you think that Rullus contrived this, or that it is a thing which could possibly have occurred to Rullus. Those men who first projected these measures saw, that, if you had the power of making your selection out of the whole people, whatever the matter might be in which good faith, integrity, virtue, and authority were required, you would beyond all question entrust it to Cnaeus Pompeius as the chief manager. In truth, after you had chosen one man out of all the citizens, and appointed him to conduct all your wars against all nations by land and sea, they saw plainly that it was most natural that, when you were appointing decemvirs, whether it was to be looked on as committing a trust to, or conferring an honour on a man, you would commit the business to him, and most reasonable that he should have this compliment paid him.
60
itaque
excipitur
hac
lege
non
adulescentia
,
non
legitimum
aliquod
impedimentum
,
non
potestas
,
non
magistratus
ullus
aliis
negotiis
ac
legibus
impeditus
,
reus
denique
quo
minus
xvir
fieri
possit
,
non
excipitur
;
Cn
.
Pompeius
excipitur
,
ne
cum
P
.
Rullo
taceo
de
ceteris
xvir
fieri
possit
.
praesentem
enim
profiteri
iubet
,
quod
nulla
alia
in
lege
umquam
fuit
ne
in
eis
quidem
magistratibus
quorum
certus
ordo
est
,
ne
,
si
accepta
lex
esset
,
illum
sibi
conlegam
ascriberetis
custodem
ac
vindicem
cupiditatum
.
Therefore, an exception is made by this law, mentioning not youth, nor any legal impediment, nor any command or magistracy, which might be encumbered with obstacles arising either from the business with which it was already loaded, or from the laws. There is not even an exception made in the case of any convicted person, to prevent his being made a decemvir. Cnaeus Pompeius is excepted and disabled from being elected a colleague of Publius Rullus (for I say nothing of the rest). For he has worded the law so that only those who are present can stand for the office; a clause which was never yet found in any other law, not even in the laws concerning those magistrates who are periodically elected. But this clause was inserted, in order that if the law passed you might not be able to give him a colleague who would be a guardian over him, and a check upon his covetousness.
61
hic
,
quoniam
video
vos
hominis
dignitate
et
contumelia
legis
esse
commotos
,
renovabo
illud
quod
initio
dixi
,
regnum
comparari
,
libertatem
vestram
hac
lege
funditus
tolli
.
Here, since I see that you are moved by the dignity of the man, and by the insult put upon him by this law, I will return to the assertion that I made at the beginning, that a kingly power is being erected, and your liberties entirely taken away by this law.
62
an
vos
aliter
existimabatis
?
cum
ad
omnia
vestra
pauci
homines
cupiditatis
oculos
adiecissent
,
non
eos
in
primis
id
acturos
ut
ex
omni
custodia
vestrae
libertatis
,
ex
omni
potestate
,
curatione
,
patrocinio
vestrorum
commodorum
Cn
.
Pompeius
depelleretur
?
viderunt
et
vident
,
si
per
imprudentiam
vestram
,
neglegentiam
meam
legem
incognitam
acceperitis
,
fore
uti
postea
cognitis
insidiis
,
cum
xviros
creetis
,
tum
vitiis
omnibus
et
sceleribus
legis
Cn
.
Pompei
praesidium
opponendum
putetis
.
et
hoc
parvum
argumentum
vobis
erit
,
a
certis
hominibus
dominationem
potestatemque
omnium
rerum
quaeri
,
cum
videatis
eum
quem
custodem
vestrae
libertatis
fore
videant
expertem
fieri
dignitatis
?
Did you think, otherwise, that when a few men had cast the eyes of covetousness on all your possessions, they would not in the very first place take care that Cnaeus Pompeius should be removed from all power of protecting your liberty, from all power to promote, from all commission to watch over, and from all means of protecting your interests? They saw, and they see still, that if, through your own imprudence and my negligence, you adopt this law, without understanding its effect, you would afterwards, when you were creating decemvirs, think it expedient to oppose Cnaeus Pompeius as your defence against all defects and wickednesses in the law. And is this a slight argument to you, that these are men by whom dominion and power over everything is sought, when you see that he, whom they see will surely be the protector of your liberty, is the only one to whom that dignity is denied?
63
cognoscite
nunc
quae
potestas
xviris
et
quanta
detur
.
primum
lege
curiata
xviros
ornat
.
iam
hoc
inauditum
et
plane
novum
,
uti
curiata
lege
magistratus
detur
qui
nullis
comitiis
ante
sit
datus
.
eam
legem
ab
eo
praetore
populi
Romani
qui
sit
primus
factus
ferri
iubet
.
at
quo
modo
?
Vt
ei
xviratum
habeant
quos
plebs
designaverit
.
oblitus
est
nullos
a
plebe
designari
.
et
is
orbem
terrarum
constringit
novis
legibus
qui
,
quod
in
secundo
capite
scriptum
est
,
non
meminit
in
tertio
?
atque
hic
perspicuum
est
quid
iuris
a
maioribus
acceperitis
,
quid
ab
hoc
tribuno
plebis
vobis
relinquatur
.
Now consider what a power is given to the decemvirs, and how great is its extent. In the first place be gives the decemvirs the honour of a lex curiata. But this is unheard-of and absolutely without precedent, that a magistracy should be conferred by a lex curiata on a man who has not previously received it in some comitia. He orders the law to be brought in by that praetor who is appointed first praetor. But how? In order that these men may receive the decemvirate whom the people has elected. He has forgotten that none have been elected by the common people. Here is a pretty fellow to bind the whole world with laws, who does not recollect in the third clause what is set down in the second! This, too, is quite plain; both what privileges you have received from your ancestors, and what is left to you by this tribune of the people.