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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
64
maiores
de
singulis
magistratibus
bis
vos
sententiam
ferre
voluerunt
.
nam
cum
centuriata
lex
censoribus
ferebatur
,
cum
curiata
ceteris
patriciis
magistratibus
,
tum
iterum
de
eisdem
iudicabatur
,
ut
esset
reprehendendi
potestas
,
si
populum
benefici
sui
paeniteret
.
Our ancestors chose that you should give your votes twice about every magistrate. For as a centuriata lex was passed for the censors, and a curiata lex for the other patrician magistrates, by this means a decision was come to a second time about the same men, in order that the people might have an opportunity of correcting what they had done, if they repented of the honour they had conferred on any one.
65
nunc
,
Quirites
,
prima
illa
comitia
tenetis
,
centuriata
et
tributa
,
curiata
tantum
auspiciorum
causa
remanserunt
.
hic
autem
tribunus
plebis
quia
videbat
potestatem
neminem
iniussu
populi
aut
plebis
posse
habere
,
curiatis
eam
comitiis
quae
vos
non
initis
confirmavit
,
tributa
quae
vestra
erant
sustulit
.
ita
cum
maiores
binis
comitiis
voluerint
vos
de
singulis
magistratibus
iudicare
,
hic
homo
popularis
ne
unam
quidem
populo
comitiorum
potestatem
reliquit
.
Now, because you have preserved the comitia centuriata and tributa, the curiata have remained only for the sake of the auspices. But this tribune of the people, because he saw that no man could possibly have any authority conferred on him without the authority of the burghers or of the commonalty, confirmed that authority which he proposed to give by the curiata comitia, with which you have nothing to do, and took away the comitia tributa which belonged to you. So, though your ancestors intended you to decide at two comitia about each magistrate, this man, so attached to the interests of the people, did not leave the people the power of even one comitia.
66
sed
videte
hominis
religionem
et
diligentiam
.
vidit
et
perspexit
sine
curiata
lege
xviros
potestatem
habere
non
posse
,
quoniam
per
viiii
tribus
essent
constituti
;
iubet
ferre
de
his
legem
curiatam
;
praetori
imperat
.
quam
id
ipsum
absurde
,
nihil
ad
me
attinet
.
iubet
enim
,
qui
primus
sit
praetor
factus
,
eum
legem
curiatam
ferre
;
sin
is
ferre
non
possit
,
qui
postremus
sit
,
ut
aut
lusisse
in
tantis
rebus
aut
profecto
nescio
quid
spectasse
videatur
.
verum
hoc
quod
est
aut
ita
perversum
ut
ridiculum
,
aut
ita
malitiosum
ut
obscurum
sit
,
relinquamus
;
ad
religionem
hominis
revertamur
.
videt
sine
lege
curiata
nihil
agi
per
xviros
posse
.
But just note the scrupulousness and the diligence of the man. He saw, and was thoroughly aware, that without a lex curiata the decemvirs could not have authority, since they were elected by only nine tribes. So he directs that there should be a lex curiata passed about them, and orders the praetor to propose it. How ridiculous such a contrivance was, it is no business of mine to say. For he orders that “he who has been elected first praetor, shall propose a lex curiata; but if he be able to propose it, then the last praetor shall do it.” So that he seems either to have been playing the fool in this business, or else to have been aiming at something I know not what. But, however, let us pass over this, which is either so perverse, or so ridiculous, or so malicious and cunning, as to be unintelligible, and return to the scrupulousness of the man.He sees that nothing can be done by the decemvirs except by a lex curiata.
67
quid
postea
,
si
ea
lata
non
erit
?
attendite
ingenium
. '
Tvm
ei
xviri
,'
inquit
, '
eodem
ivre
sint
qvo
qvi
optima
lege
.'
si
hoc
fieri
potest
ut
in
hac
civitate
quae
longe
iure
libertatis
ceteris
civitatibus
antecellit
quisquam
nullis
comitiis
imperium
aut
potestatem
adsequi
possit
,
quid
attinet
tertio
capite
legem
curiatam
ferre
iubere
,
cum
quarto
permittas
ut
sine
lege
curiata
idem
iuris
habeant
quod
haberent
,
si
optima
lege
a
populo
essent
creati
?
reges
constituuntur
,
non
xviri
,
Quirites
,
itaque
ab
his
initiis
fundamentisque
nascuntur
,
ut
non
modo
cum
magistratum
gerere
coeperint
,
sed
etiam
cum
constituentur
,
omne
vestrum
ius
,
potestas
libertasque
tollatur
.
What was to happen afterwards, if a lex curiata were not passed? Remark the ingenuity of the man. “Then,” says he, “the decemvirs shall be in the same condition as those who are appointed in the strictest accordance with the law.” If this can be brought about, that, in this city which is far superior to all other states in its rights of liberty, any one may be able to obtain either military command or civil authority without the sanction of any comitia, then what is the necessity for ordering in the third chapter that some one shall propose a lex curiata, when in the fourth chapter you permit men to have the same rights without a lex curiata, which they would have if they were elected by the burghers according to the strictest form of law? Kings are being appointed, O Romans, not decemvirs; and they are starting with such beginnings and on such foundations, that the whole of your rights, and powers, and liberties are destroyed not only from the moment that they begin to act, but from the moment that they are appointed.
68
at
videte
quam
diligenter
retineat
ius
tribuniciae
potestatis
.
consulibus
legem
curiatam
ferentibus
a
tribunis
plebis
saepe
est
intercessum
neque
tamen
nos
id
querimur
,
esse
hanc
tribunorum
plebis
potestatem
;
tantum
modo
,
si
quis
ea
potestate
temere
est
usus
,
furiosum
existimamus
—;
hic
tribunus
plebis
legi
curiatae
quam
praetor
ferat
adimit
intercedendi
potestatem
.
atque
hoc
cum
in
eo
reprehendendum
est
quod
per
tribunum
plebis
tribunicia
potestas
minuitur
,
tum
in
eo
deridendum
quod
consuli
,
si
legem
curiatam
non
habet
,
attingere
rem
militarem
non
licet
,
hic
,
cui
vetat
intercedi
,
ei
potestatem
,
etiam
si
intercessum
sit
,
tamen
eandem
constituit
quam
si
lata
esset
lex
,
ut
non
intellegam
qua
re
aut
hic
vetet
intercedere
aut
quemquam
intercessurum
putet
,
cum
intercessio
stultitiam
intercessoris
significatura
sit
,
non
rem
impeditura
.
But remark how carefully he preserves the rights of the tribunitian power. The consuls are often interrupted in proposing a lex curiata, by the intercession of the tribunes of the people. Not that we complain that the tribunes should have this power; only, if any one uses it in a random and inconsiderate manner, we form our own opinion. But this tribune of the people, by his lex curiata, which the praetor is to bring forward, takes away the power of intercession. And while he is made to be blamed for causing the tribunitian power to be diminished by his instrumentality, he is also to be laughed at, because a consul, if he be not invested with the authority by a lex curiata, has no power to interfere in military affairs; and yet he gives this man whom he prohibits from interceding, the very same power, even if the veto be interposed, as if a lex curiata had been passed. So that I am at a loss to understand either why he prohibits the intercession, or why he thinks that any one will intercede; as the intercession will only prove the folly of the intercessor, and will not hinder the business.
69
sint
igitur
xviri
neque
veris
comitiis
,
hoc
est
,
populi
suffragiis
,
neque
illis
ad
speciem
atque
ad
usurpationem
vetustatis
per
xxx
lictores
auspiciorum
causa
adumbratis
constituti
.
videte
nunc
eos
qui
a
vobis
nihil
potestatis
acceperint
quanto
maioribus
ornamentis
adficiat
quam
omnes
nos
adfecti
sumus
quibus
vos
amplissimas
potestates
dedistis
.
iubet
auspicia
coloniarum
deducendarum
causa
xviros
habere
pullarios
que
, '
eodem
ivre
,'
inquit
, '
qvo
habvervnt
iiiviri
lege
Sempronia
.'
audes
etiam
,
Rulle
,
mentionem
facere
legis
Semproniae
,
nec
te
ea
lex
ipsa
commonet
iiiviros
illos
xxxv
tribuum
suffragio
creatos
esse
?
et
cum
tu
a
Ti
.
Gracchi
aequitate
ac
pudore
longissime
remotus
sis
,
id
quod
dissimillima
ratione
factum
sit
eodem
iure
putas
esse
oportere
?
Let there then be decemvirs, appointed neither by the genuine comitia,—that is to say, by the votes of the people,—nor by that comitia convened in appearance, to keep up an ancient custom, by the thirty lictors for the sake of the auspices. See now, also, how much greater honours he confers on these men who have received no authority from you, than we have received, to whom you have given the most ample authority, He orders the decemvirs, who have the care of the auspices, to take auspices for the sake of conducting the colonies. “According,” says he, “to the same right which the triumvirs had by the Sempronian law.” Do you venture, O Rullus, even to make mention of the Sempronian law? and does not that law itself remind you that these triumvirs have been created by the suffrages of the tribes? And while you are very far removed from the justice and modesty of Tiberius Gracchus, do you think that a law made on so different a principle ought to have the same authority?
70
dat
praeterea
potestatem
verbo
praetoriam
,
re
vera
regiam
;
definit
in
quinquennium
,
facit
sempiternam
;
tantis
enim
confirmat
opibus
et
copiis
ut
invitis
eripi
nullo
modo
possit
.
deinde
ornat
apparitoribus
,
scribis
,
librariis
,
praeconibus
,
architectis
,
praeterea
mulis
,
tabernaculis
,
centunculis
,
supellectili
;
sumptum
haurit
ex
aerario
,
suppeditat
a
sociis
;
finitores
ex
equestri
loco
ducentos
,
vicenos
singulorum
stipatores
corporis
constituit
,
eosdem
ministros
et
satellites
potestatis
.
formam
adhuc
habetis
,
Quirites
,
et
speciem
ipsam
tyrannorum
;
insignia
videtis
potestatis
,
nondum
ipsam
potestatem
.
dixerit
enim
fortasse
quispiam
: '
quid
me
ista
laedunt
,
scriba
,
lictor
,
praeco
,
pullarius
?'
omnia
sunt
haec
huius
modi
,
Quirites
,
ut
,
ea
qui
habeat
sine
vestris
suffragiis
,
aut
rex
non
ferendus
aut
privatus
furiosus
esse
videatur
.
Besides all this, he gives them authority praetorian in name, but kingly in reality. He describes their power, as a power for five years; but he makes it perpetual. For he strengthens it with such bulwarks and defences that it will be quite impossible to deprive them of it against their own consent. Then he adorns them with apparitors, and secretaries, and clerks, and criers, and architects; besides that, with mules, and tents, and centuries, and all sorts of furniture; he draws money for their expenses from the treasury; he supplies them with more money from the allies; he appoints them two hundred surveyors from the equestrian body every year as their personal attendants, and also as ministers and satellites of their power. You have now, O Romans, the form and very appearance of tyrants; you see all the ensigns of power, but not yet the power itself. For, perhaps, some one may say, “Well, what harm do all those men, secretary, lictor, crier, and chicken-feeder do me?” I will tell you. These things are of such a nature that the man who has them without their being conferred by your vote, must seem either a monarch with intolerable power, or if he assumes them as a private individual, a madman.
71
perspicite
quanta
potestas
permittatur
;
non
privatorum
insaniam
,
sed
intolerantiam
regum
esse
dicetis
.
primum
permittitur
infinita
potestas
innumerabilis
pecuniae
conficiendae
vestris
vectigalibus
non
fruendis
,
sed
alienandis
;
deinde
orbis
terrarum
gentiumque
omnium
datur
cognitio
sine
consilio
,
poena
sine
provocatione
,
animadversio
sine
auxilio
.
Just see what great authority they are invested with, and you will say that it is not the insanity of private individuals, but the immoderate arrogance of kings. First of all, they are entrusted with boundless power of acquiring enormous sums of money out of your revenues, not by farming them but by alienating them. In the next place, they are allowed to pursue an inquiry into the conduct of every country and of every nation, without any bench of judges; to punish without any right of appeal being allowed; and to condemn without there being any means of procuring a reversal of their sentence.
72
iudicare
per
quinquennium
vel
de
consulibus
vel
de
ipsis
tribunis
plebis
poterunt
;
de
illis
interea
nemo
iudicabit
;
magistratus
eis
petere
licebit
,
causam
dicere
non
licebit
;
emere
agros
a
quibus
volent
et
quos
volent
quam
volent
magno
poterunt
;
colonias
deducere
novas
,
renovare
veteres
,
totam
Italiam
suis
coloniis
ut
complere
liceat
permittitur
;
omnis
provincias
obeundi
,
liberos
populos
agris
multandi
,
regnorum
vendendorum
summa
potestas
datur
;
cum
velint
,
Romae
esse
,
cum
commodum
sit
,
quacumque
velint
summo
cum
imperio
iudicioque
rerum
omnium
vagari
ut
liceat
conceditur
;
interea
dissolvant
iudicia
publica
,
e
consiliis
abducant
quos
velint
,
singuli
de
maximis
rebus
iudicent
,
quaestori
permittant
,
finitorem
mittant
,
ratum
sit
quod
finitor
uni
illi
a
quo
missus
erit
renuntiaverit
.
They will be able for five years to sit in judgment on the consuls, or even on the tribunes of the people themselves; but all that time no one will be able to sit in judgment on them. They will be allowed to fill magisterial offices; but they will not be allowed to be prosecuted. They will have power to purchase lands, from whomsoever they choose, whatever they choose, and at whatever price they choose. They are allowed to establish new colonies, to recruit old ones, to fill all Italy with their colonists; they have absolute authority for visiting every province, for depriving free people of their lands, for giving or taking away kingdoms, whenever they please. They may be at Rome when it is convenient to them; but they have a right also to wander about wherever they like with supreme command, and with a power of sitting in judgment on everything. They are allowed to put an end to all criminal trials; to remove from the tribunals whoever they think fit; to decide by themselves on the most important matters; to delegate their power to a quaestor; to send about surveyors; and to ratify whatever the surveyor has reported to that single decemvir by whom he has been sent.
73
verbum
mihi
deest
,
Quirites
,
cum
ego
hanc
potestatem
regiam
appello
,
sed
profecto
maior
est
quaedam
.
nullum
enim
regnum
fuit
umquam
quod
non
se
,
si
minus
iure
aliquo
,
at
regionibus
tamen
certis
contineret
.
hoc
vero
infinitum
est
,
quo
et
regna
omnia
et
vestrum
imperium
,
quod
latissime
patet
,
et
ea
quae
partim
libera
a
vobis
,
partim
etiam
ignorata
vobis
sunt
,
permissu
legis
continentur
.
datur
igitur
eis
primum
ut
liceat
ea
vendere
omnia
de
quibus
vendendis
senatus
consulta
facta
sunt
M
.
Tullio
Cn
.
Cornelio
consulibus
post
ve
ea
.
It is a defect in my language, O Romans, when I call this power a kingly power. For in truth, it is something much more considerable; for there never was any kingly power that, if it was not defined by some express law, was not at least understood to be subject to certain limitations. But this power is absolutely unbounded; it is one within which all kingly powers, and your own imperial authority, which is of such wide extent, and all other powers, whether freely exercised by your permission, or existing only by your tacit countenance, are, by express permission of the law, comprehended. The first thing which is given to them is, a liberty of selling everything concerning the sale of which resolutions of the senate were passed in the consulship of Marcus Tullius and Cnaeus Cornelius or afterwards.
74
cur
hoc
tam
est
obscurum
atque
caecum
?
quid
?
ista
omnia
de
quibus
senatus
censuit
nominatim
in
lege
perscribi
nonne
potuerunt
?
duae
sunt
huius
obscuritatis
causae
,
Quirites
,
una
pudoris
,
si
quis
pudor
esse
potest
in
tam
insigni
impudentia
,
altera
sceleris
.
nam
neque
ea
quae
senatus
vendenda
censuit
nominatim
audet
appellare
;
sunt
enim
loca
publica
urbis
,
sunt
sacella
quae
post
restitutam
tribuniciam
potestatem
nemo
attigit
,
quae
maiores
in
urbe
partim
ornamenta
urbis
,
partim
periculi
perfugia
esse
voluerunt
.
haec
lege
tribunicia
xviri
vendent
.
accedet
eo
mons
Gaurus
,
accedent
salicta
ad
Minturnas
,
adiungetur
etiam
illa
via
vendibilis
Herculanea
multarum
deliciarum
et
magnae
pecuniae
,
permulta
alia
quae
senatus
propter
angustias
aerari
vendenda
censuit
,
consules
propter
invidiam
non
vendiderunt
.
Why is this so obscure and so concealed? What is the meaning of it? Could not those matters concerning which the senate passed resolutions, be mentioned in the law by name? There are two reasons for this obscurity, O Romans; one, a reason of modesty, if there can be any modesty in such inordinate impudence; the other, a reason of wickedness. For it does not dare to name those things which the senate resolved were to he sold, mentioning them by name; for they are public places in the city, they are shrines, which since the restoration of the tribunitian power no one has touched, and which our ancestors partly intended to be refuges in times of danger in the heart of the city. But all these things the decemvirs will sell by this law of this tribune of the people. Besides them, there will be Mount Gaurus; besides that, there will be the osier-beds at Minturnae; besides them, that very salable road to Herculaneum, a road of many delights and of considerable value; and many other things which the senate considered it advisable to sell on account of the straits to which the treasury was reduced, but which the consuls did not sell on account of the unpopularity which would have attended such a measure.
75
verum
haec
fortasse
propter
pudorem
in
lege
reticentur
.
sed
illud
magis
est
credendum
et
pertimescendum
quod
audaciae
xvirali
corrumpendarum
tabularum
publicarum
fingendorumque
senatus
consultorum
,
quae
facta
numquam
sint
,
cum
ex
eo
numero
qui
per
eos
annos
consules
fuerunt
multi
mortui
sint
,
magna
potestas
permittitur
.
Nisi
forte
nihil
est
aequum
nos
de
eorum
audacia
suspicari
quorum
cupiditati
nimium
angustus
orbis
terrarum
esse
videatur
.
However, perhaps it is owing to shame that there is no mention of all these things in the law. What is much more to be guarded against, what is a much more real object of fear, is, that great power is permitted to the boldness of these decemvirs of tampering with the public documents, and forging decrees of the Senate, which have never been made; as a great many of those men who have been consuls of late years are dead. Unless, perhaps, I may be told, that it is not reasonable for you to entertain any suspicions of their audacity, for whose cupidity the whole world appears too narrow.
76
habetis
unum
venditionis
genus
quod
magnum
videri
vobis
intellego
;
sed
attendite
animos
ad
ea
quae
consequuntur
;
hunc
quasi
gradum
quendam
atque
aditum
ad
cetera
factum
intellegetis
. '
Qvi
agri
,
qvae
loca
,
aedificia
.'
quid
est
praeterea
?
multa
in
mancipiis
,
in
pecore
,
auro
,
argento
,
ebore
,
veste
,
supellectili
,
ceteris
rebus
.
quid
dicam
?
invidiosum
putasse
hoc
fore
,
si
omnia
nominasset
?
non
metuit
invidiam
.
quid
ergo
?
longum
putavit
et
timuit
ne
quid
praeteriret
;
ascripsit
'
alivdve
qvid
,'
qua
brevitate
rem
nullam
esse
exceptam
videtis
.
quicquid
igitur
sit
extra
Italiam
quod
publicum
populi
Romani
factum
sit
L
.
Sulla
Q
.
Pompeio
consulibus
aut
postea
,
id
xviros
iubet
vendere
.
You see now one kind of sale, which I am aware appears very important to you; but pray give your attention to what follows, and you will see that this is only a kind of step and road to other measures. “Whatever lands, whatever places, whatever buildings.” What is there besides? There is much property in slaves, in cattle, in bullion, in money, in ivory, in robes, in furniture, in all sorts of other things. What shall that say? Did he think it would cause unpopularity to name all these things? He was not afraid of unpopularity. What then was his motive? He thought the catalogue a long one, and he was afraid of passing over anything; so he wrote in addition, “or anything else;” by which brief formula you see that nothing can be omitted. Whatever, therefore, there is out of Italy, that has been made the property of the Roman people by Lucius Sulla and Quintus Pompeius in their consulships, or afterwards, that he orders the decemvirs to sell.
77
hoc
capite
,
Quirites
,
omnis
gentis
,
nationes
,
provincias
,
regna
xvirum
dicioni
,
iudicio
potestatique
permissa
et
condonata
esse
dico
.
primum
hoc
quaero
,
ecqui
tandem
locus
usquam
sit
quem
non
possint
xviri
dicere
publicum
populi
Romani
esse
factum
.
nam
cum
idem
possit
iudicare
qui
dixerit
,
quid
est
quod
non
liceat
ei
dicere
cui
liceat
eidem
iudicare
?
Commodum
erit
Pergamum
,
Smyrnam
,
Trallis
,
Ephesum
,
Miletum
,
Cyzicum
,
totam
denique
Asiam
quae
post
L
.
Sullam
Q
.
Pompeium
consules
recuperata
sit
populi
Romani
factam
esse
dicere
;
By this clause, I say, O Romans, that all nations, and people, and provinces, and kingdoms, are given up and handed over to the dominion, and judgment, and power of the decemvirs. This is the first thing; for I ask what place there is anywhere in the world which the decemvirs may not be able to say has been made the property of the Roman people? For, when the same person who has made the assertion is also to judge of the truth of it, what is there which he may not say, when he is also the person to decide in the question? It will be very convenient to say, that Pergamus, and Smyrna, and Tralles, and Ephesus, and Miletus, and Cyzicus, and, in short, all Asia, which has been recovered since the consulship of Lucius Sulla and Quintus Pompeius, has become the property of the Roman people.
78
utrum
oratio
ad
eius
rei
disputationem
deerit
,
an
,
cum
idem
et
disseret
et
iudicabit
,
impelli
non
poterit
ut
falsum
iudicet
?
an
,
si
condemnare
Asiam
nolet
,
terrorem
damnationis
et
minas
non
quanti
volet
aestimabit
?
quid
?
quod
disputari
contra
nullo
pacto
potest
,
quod
iam
statutum
a
nobis
est
et
iudicatum
,
quoniam
hereditatem
iam
crevimus
,
regnum
Bithyniae
,
quod
certe
publicum
est
populi
Romani
factum
,
num
quid
causae
est
quin
omnis
agros
,
urbis
,
stagna
,
portus
,
totam
denique
Bithyniam
xviri
vendituri
sint
?
Will language fail him in which to assert such a doctrine? or, when the same person makes the statement and judges of the truth of it, will it be impossible to induce him to give a false decision? or, if he is unwilling to pass sentence on Asia, will he not estimate at his own price its release from the dread of condemnation? What will he say—(and it is quite impossible for any one to argue against this, since it has been already settled and decided by you, and since we have already voted it to be our inheritance,)—what will he say to the kingdom of Bithynia? which has undoubtedly become the public property of the Roman people. Is there any reason why the decemvirs should not sell all the lands, and cities, and military stations and harbours, and in short all Bithynia?
79
quid
?
Mytilenae
,
quae
certe
vestrae
,
Quirites
,
belli
lege
ac
victoriae
iure
factae
sunt
,
urbs
et
natura
ac
situ
et
descriptione
aedificiorum
et
pulchritudine
in
primis
nobilis
,
agri
iucundi
et
fertiles
,
nempe
eodem
capite
inclusi
continentur
.
What will they do at Mitylene? which has undoubtedly become yours, O Romans, by the laws of war and by the rights of victory; a city both by nature and situation, and by the description of its houses, and by its general beauty, most eminently remarkable; and its lands are pleasant and productive. That city, forsooth, comes under the same head.
80
quid
?
Alexandrea
cunctaque
Aegyptus
ut
occulte
latet
,
ut
recondita
est
,
ut
furtim
tota
xviris
traditur
!
quis
enim
vestrum
hoc
ignorat
,
dici
illud
regnum
testamento
regis
Alexae
populi
Romani
esse
factum
?
hic
ego
consul
populi
Romani
non
modo
nihil
iudico
sed
ne
quid
sentiam
quidem
profero
.
Magna
enim
mihi
res
non
modo
ad
statuendum
sed
etiam
ad
dicendum
videtur
esse
.
video
qui
testamentum
factum
esse
confirmet
;
auctoritatem
senatus
exstare
hereditatis
aditae
sentio
tum
cum
Alexa
mortuo
nos
tris
legatos
Tyrum
misimus
,
qui
ab
illo
pecuniam
depositam
recuperarent
.
What will become of Alexandria, and of all Egypt? How much it is out of sight! how completely is it hidden! how stealthily is it abandoned entirely to the decemvirs! For who is there among you who is ignorant that that kingdom has become the property of the Roman people by the will of king Alexander? Here now I, the consul of the Roman people, not only give no decision, but I do not even express my opinion. For it appears to me a most important matter not merely to decide oil, but even to speak of. I see a man who assures me that the will was certainly made; I know that there is a resolution of the senate extant to the effect that it accepted the inheritance; which was passed when, after the death of Alexander, we sent ambassadors to Tyre, to recover for the people money which had been deposited there by him.
81
haec
L
.
Philippum
saepe
in
senatu
confirmasse
memoria
teneo
;
eum
qui
regnum
illud
teneat
hoc
tempore
neque
genere
neque
animo
regio
esse
inter
omnis
fere
video
convenire
.
dicitur
contra
nullum
esse
testamentum
,
non
oportere
populum
Romanum
omnium
regnorum
appententem
videri
,
demigraturos
in
illa
loca
nostros
homines
propter
agrorum
bonitatem
et
omnium
rerum
copiam
.
I recollect that Lucius Philippus has often stated these things positively in the senate. I see that is agreed upon by all men, that he, who is at this present moment in possession of the kingdom, is neither of the royal family nor of any royal disposition. It is said, on the other hand, that there is no will; that the Roman people ought not to seem to covet every kingdom under the sun; that our citizens will emigrate to those regions, on account of the fertility of the soil and the abundance of everything which exists there.
82
hac
tanta
de
re
P
.
Rullus
cum
ceteris
xviris
conlegis
suis
iudicabit
,
et
utrum
iudicabit
?
nam
utrumque
ita
magnum
est
ut
nullo
modo
neque
concedendum
neque
ferendum
sit
.
volet
esse
popularis
;
populo
Romano
adiudicabit
.
ergo
idem
ex
sua
lege
vendet
Alexandream
,
vendet
Aegyptum
,
urbis
copiosissimae
pulcherrimorumque
agrorum
iudex
,
arbiter
,
dominus
,
rex
denique
opulentissimi
regni
reperietur
.
non
sumet
sibi
tantum
,
non
appetet
;
iudicabit
Alexandream
regis
esse
,
a
populo
Romano
abiudicabit
.
Will Publius Rullus, with the rest of the decemvirs, his colleagues, decide upon so important an affair as this? And which way will he decide? For each alternative is so important that it is quite impossible for you to entrust the decision to him, or to put up with his sentence. Will he desire to be popular? He will adjudge the kingdom to the Roman people. In consequence, he will also, in accordance with his own law, sell Alexandria, and sell Egypt. He will be found to be the judge, the arbiter, the master, of a most wealthy city, and of a most beautiful country; yes, he will be found to be the king of a most opulent kingdom. Will he abstain from taking all this? from desiring all this? He will decide that Alexandria belongs to the king; he will by his sentence deprive the Roman people of it.
83
primum
cur
de
populi
Romani
hereditate
xviri
iudicent
,
cum
vos
volueritis
de
privatis
hereditatibus
cviros
iudicare
?
deinde
quis
aget
causam
populi
Romani
?
ubi
res
ista
agetur
?
qui
sunt
isti
xviri
,
quos
prospiciamus
regnum
Alexandreae
Ptolomaeo
gratis
adiudicaturos
?
quod
si
Alexandrea
petebatur
,
cur
non
eosdem
cursus
hoc
tempore
quos
L
.
Cotta
L
.
Torquato
consulibus
cucurrerunt
?
cur
non
aperte
ut
antea
,
cur
non
item
ut
tum
,
derecto
et
palam
regionem
illam
petiverunt
?
an
qui
etesiis
,
qui
per
cursum
rectum
regnum
tenere
non
potuerunt
,
nunc
caecis
tenebris
et
caligine
se
Alexandream
perventuros
arbitrati
sunt
?
Now, in the first place, shall decemvirs give a decision about the inheritance of the Roman people, when you require centumvirs to judge in the case of private inheritances? In the next place, who is to plead the cause of the Roman people? Where is the cause to be tried? Who are those decemvirs whom we think likely to adjudge the kingdom of Alexandria to Ptolemy for nothing? But, if Alexandria was the object, why did not they at this time proceed by the same course which they adopted in the consulship of Lucius Cotta and Lucius Torquatus? Why did they not proceed openly, as they did before? Why did they not act as they did when they before sought that country, in a straightforward and open manner? Did they, who, when they had a fair wind, could not hold their course straight on to the kingdom they coveted, think that they could reach Alexandria amid foul mists and darkness?
84
atque
illud
circumspicite
vestris
mentibus
una
,
Quirites
.
legatos
nostros
,
homines
auctoritate
tenui
,
qui
rerum
privatarum
causa
legationes
liberas
obeunt
,
tamen
exterae
nationes
ferre
vix
possunt
.
grave
est
enim
nomen
imperi
atque
id
etiam
in
levi
persona
pertimescitur
,
propterea
quod
vestro
,
non
suo
nomine
,
cum
hinc
egressi
sunt
,
abutuntur
.
quid
censetis
,
cum
isti
xviri
cum
imperio
,
cum
fascibus
,
cum
illa
delecta
finitorum
iuventute
per
totum
orbem
terrarum
vagabuntur
,
quo
tandem
animo
,
quo
metu
,
quo
periculo
miseras
nationes
futuras
?
Just revolve these things in your minds. . . . . Foreign nations can scarcely endure our lieutenants, though they are men of but slight authority, when they go on free lieutenancies, on account of some private business. For the name of power is a hard one to bear, and is dreaded even in ever so inconsiderable a person; because, when they have once left Rome they conduct their proceedings not in their own name, but in yours. What do you suppose will happen, when those decemvirs wander all over the world with their supreme power, and their faces, and their chosen band of surveyors? What do you suppose will be the feelings, what the alarm, what the actual danger of those unhappy nations?