De Lege Agraria

Cicero, Marcus Tullius

Cicero. The Orations of Marcus Tullius Cicero, Volume 2. Yonge, Charles Duke, translator. London: Bell, 1856.

Cnaeus Pompeius will make a present of this to Rullus. He has no desire to avail himself of that kindness of the law, and of the good-nature of the decemvirs. For if it be just for generals not to devote their spoils and booty either to monuments of the immortal gods, or to the decorations of the city,—but if they are to carry it all to the decemvirs as their masters,—then Pompeius wishes for nothing particular for himself; nothing. He wishes to live under the common law, under the same law as the rest. If it be unjust, O Romans—if it be shameful, if it be intolerable for these decemvirs to be appointed as comptrollers of all the money collected by every body, and as plunderers not only of foreign kings and citizens of foreign nations, but of even our own generals, then they do not seem to me to have excepted Pompeius for the sake of doing him honour, but to be afraid that he may not be able to put up with the same insult as the rest.

But as Pompeius's feelings will be these, that he will think it becomes him to bear whatever seems fitting to you; on the other hand, if there be anything which you cannot bear, he will take care that you are not long compelled to bear it against your will. But the law makes a provision that, “if any money is received from any new source of revenue after our consulship, the decemvirs are to be allowed to use it.” Moreover, he sees that the new sources of revenue will be those which Pompeius has added to the republic. And so, he lets off his spoils, but thinks that it is right for him to reap the benefit of all the revenues acquired by his valour. Let then, O Romans, all the money which there is in the world conic into the hands of the dictators; let nothing be omitted; let every city, every district, every kingdom, and lastly even your own revenues be sold by them; let the spoils won by your generals be added to the heap. You see now what enormous, what incredible riches are sought to be acquired by your decemvirs by such extensive sales, by so many decisions which they have the power to make, and by such unlimited authority over everything.

Now remark their other immense and intolerable gains, in order to understand that this popular name of an agrarian law has only been hunted out as a means of gratifying the unreasonable avarice of particular men. He orders lands to be bought with this money, to which you are to be conducted as colonists. I am not accustomed, O Romans, to speak or men with unnecessary harshness unless I am provoked. I wish it were possible for those men to be named by me without speaking ill of them, who hope to be themselves appointed decemvirs; and you should quickly see what sort of men they are to whom you have committed the power of selling and buying everything.

But, that which I have made up my mind that I ought not to say, yet you can still form an idea of in your minds. This one thing at all events I appear to myself to be able to say with the greatest truth,—that in former times when this republic had the Luscini, the Calatini, the Acidini, men adorned not only with the honours conferred on them by the people, and by their own great exploits, but also by the patience with which they endured poverty; and then also when the Catos, and the Phili, and Laelii lived, men whose wisdom and moderation you had obtained a thorough knowledge of in public, and private, and forensic, and domestic affairs; still such a charge as this was entrusted to no one, so as to allow the same man to be both judge and seller, and to be so for five years over the whole world, and also to have power to alienate the lands of the Roman people from which their revenues are derived; and when by these means he had amassed a vast sum of money according to his own pleasure, without any witness, then he was to buy whatever he pleased from any one he pleased.

Now then do you, O Romans, commit all these things to these men whom you suspect of aiming at this decemvirate; you will find some of them to whom nothing appears sufficient to possess, some to whom nothing seems sufficient to squander. Here I will not discuss what is sufficiently notorious, O Romans, or argue that it is not a custom handed down to you from your ancestors, that lands may be bought from private individuals for the purpose of settling portions of the common people in them by the public authority; or that there are not many laws by which private individuals have been established in the public domains. I will admit that I expected something of this sort from this illiterate and ill-mannered tribune of the people; but this most profitable and at the same time most discreditable traffic in buying and selling, I have always thought wholly inconsistent with the duty of a tribune, wholly inconsistent with the dignity of the Roman people.

He orders that lands be sold. First of all I ask, What lands? in what situations? I do not wish the Roman people to be kept in suspense and uncertainty with obscure hopes and ignorant expectation. There is the Alban, and the Setino, and the Privernate, and the Fundan, and the Vescine, and the Falernian district; there is the district of Linternum, and Cuma, and Casinum. I hear. Going out at the other gate there is the Capenate, and Faliscan, and Sabine territory; there are the lands of Reati, and Venafrum, and Allifae, and Trebula. You have money enough to be able not only to buy all these lands and others like them, but even to surround them with a ring fence.

Why do you not define them, nor name them, so that at least the Roman people may be able to consider what its own interests are-what is desirable for it—how much trust it thinks it desirable to repose in you in the matter of buying and selling things ? I do define Italy, says he. It is a district sufficiently marked out. Indeed, how little difference does it make whether you are led down to the roots of the Massic Hill, or into some other part of Italy, or somewhere else! Come, you do not define the exact spot. What do you mean? Do you mean the nature of the land? But, says he, the law does say, “which can be ploughed or cultivated.” Which can be ploughed or cultivated, he says; not, which has been ploughed or cultivated. Is this now a law, or is it an advertisement of some sale of Neratius [*](It is unknown who this man was. Perhaps some puffing auctioneer.); in whose descriptions people used to find such sentences as these:—“Two hundred acres in which an olive garden may be made. Three hundred acres where vines can be planted.” Is this what you are going to buy with all your countless sums of money,—something which can be ploughed up or cultivated? Why, what soil is there so thin and miserable that it cannot be broken up by a plough? or what is there which is such a complete bed of stones that the skill of an agriculturist cannot get something out of it? Oh but, says he, I cannot name any lands positively, because I touch none against the will of the owner. This also is much more profitable than if one took land from a man against his will. For a calculation of gain will be entered into with reference to your money, and then only will land be sold when the sale is advantageous to both buyer and seller.

But now see the force of this agrarian law. Even those men who are in occupation of the public domains will not quit possession, unless they are tempted by favourable conditions and by a large sum of money. Matters are changed. Formerly when mention of an agrarian law was made by a tribune of the people, immediately every one who was in occupation of any public lands, or who had any possessions the tenure of which was in the least unpopular, began to be alarmed. But this law enriches those men with fortunes, and relieves them from unpopularity. For how many men, O Romans, do you suppose there are, who are unable to stand under the extent of their possessions, who are unable to bear the unpopularity incurred by the ownership of lands granted by Sulla? who wish to sell them, but cannot find a purchaser? who, in fact, would be glad to get rid of those lands by any means whatever? They who, a little while ago, were in constant dread, day and night, of the name of a tribune; who feared your power, dreaded every mention of an agrarian law; they now will be begged and entreated to he so good as to give up to the decemvirs those lands which are partly public property, the possession of which is full of unpopularity and danger, at their own price. And this song this tribune of the people is singing now, not to yell, but in his own heart to himself.

He has a father-in-law, a most excellent man, who in those dark times of the republic got as much land as he wanted. He now seeing him yielding, oppressed weighed down with the burdens which Sulla put upon him, wishes to come to his assistance with this law of his, so as to enable him to get rid of the odium attached to him, and to get a sum of money too. And will not you hesitate to sell your revenues, acquired by the profuse expenditure of labour and blood on the part of your ancestors, for the purpose of heaping more riches on the landowners who have become so through Sulla, and of releasing them from danger?

For there are two kinds of lands concerned, O Romans, in this purchase of the decemvirs. One of them the owners avoid on account of its unpopularity; the other on account of its miserable condition. The land seized and distributed by Sulla, and extended as far as possible by particular individuals, has so much unpopularity attached to it, that it cannot bear the rustle of a genuine fearless tribune of the people. All this land, at whatever price it is purchased, will be returned to you at a great price. There is another sort of lands—uncultivated on account of their barrenness, desolate and deserted on account of the unhealthiness of the situation—which will be bought of those men, who see that they must abandon them if they do not sell them. And in truth, that is what was said by this tribune of the people in the senate,—that the common people of the city had too much influence in the republic; that it must be drained off. For this is the expression which he used; as if he were speaking of some sewer, and not of a class of excellent citizens.

But do you, O Romans, if you will be guided by me, preserve your present possession of popularity, of liberty, of your votes, of your dignity, of the city, of the forum, of the games, of the days of festivals, and of all your other enjoyments. Unless, by chance, you prefer leaving all these things and this light of the republic, to be settled in the midst of the droughts of Sipontum, or in the pestilential districts of Salapia, under the leadership of Rullus. But let him tell us what lands he is going to buy; let him show what he is going to give, and to whom he is going to give it. But can you possibly, tell me, allow him the power of selling any imaginable city, or land, or revenue, or kingdom that he likes, and then buying some tract of sand or some swamp? Although this is a very remarkable point, that according to this law everything is to be sold, all the money is to be collected and amassed together, before one perch of ground is bought. Then the law orders him to proceed to buy; but forbids any purchases to be made against the inclination or the owner.

I ask now, suppose there is no one who is willing to sell, what is to become of the money? The law says it is not to be brought into the treasury. It forbids its being refunded. The decemvirs, then, will keep all that money. Land will not be bought for you. After having alienated your revenues, harassed your allies, drained the confederate kings and all nations of their whole property, they will have the money, and you will not have the lands. Oh, says he, they will easily be induced by the magnitude of the sums offered to sell the lands. Then the effect of the law is to be thus: that we are to sell our property at whatever price we can get for it; and that we are to buy other men's property at whatever price they choose to put upon it.

And does the law order men to be conducted as settlers by those decemvirs, into those lands which have been bought in accordance with the provisions of this law? What? Is not the whole plan of such a nature that it does not make any difference to the republic whether a colony is led into that place or not? Is it a place which requires a colony? [a place which refuses one?] ---And in this class of places, as in the other parts of the republic, it is worthwhile to recollect the diligence exhibited by our ancestors; who established colonies in such suitable places to guard against all suspicion of danger, that they appeared to be not so much towns of Italy as bulwarks of the empire. These men are going to lead colonies into those lands which they have bought. Will they do so, even if it be not for the interests of the republic to do so?

“And into whatever places besides they shall think fit.” What is the reason, therefore, that they may not be able to settle a colony on the Janiculan Hill; and to place a garrison of their own for their own protection on your heads and necks? Will you not define how many colonies you choose to have led forth, into what districts they are to be led, and of what number of colonists they are to consist? Will you occupy a place which you consider suitable for the violence which perhaps you are meditating? Will you complete the number of the colony, and will you strengthen it by whatever garrison you may think advisable? Will you employ the revenues and all the resources of the Roman people to coerce and oppress the Roman people itself, and to bring it under the dominion and power of those intolerable decemvirs?

But I beg you now, O Romans, to take notice how he is planning to besiege and occupy all Italy with his garrison. He permits the decemvirs to lead colonists, whomsoever he may choose to select, into every municipality and into every colony in all Italy; and he orders lands to be assigned to those colonists. Is there any obscurity here in the way in which greater powers and greater defences than your liberty can tolerate are sought after? Is there any obscurity here in the manner in which kingly power is established? Is there any disguise about your liberty being wholly destroyed? For when it is one and the same body of men who with their resources lay siege, as it were, to all the riches and all the population,—that is to say, to all Italy,—and who propose to hold all your liberties in blockade by their garrisons and colonies,—what hope, yes, what possibility even is left to you of ever recovering your liberty?

But the Campanian district, the most fertile section of the whole world, is to be divided in accordance with the provisions of this law; and a colony is to be led to Capua, a most honourable and beautiful city. But what can we say to this? I will speak first of your advantage, O Romans. Then I will recur to the question of honour and dignity; so that, if any one takes particular pleasure in the excellence of any town or any district, he may not expect anything; and if any one is influenced by the idea of the dignity of the business, he may resist this fictitious liberality. And first of all I will speak of the town, in case there is any one whose fancy is more taken with Capua than with Rome. He orders five thousand colonists to be enrolled for the purpose of being settled at Capua; and to make up this number, each of the decemvirs is to choose five hundred men.

I entreat you, do not deceive yourselves about this matter. Consider it in its true light, and with due care. Do you think that in this number there will be room for you yourselves, or for any men like you—quiet, easy men? If there be room for all of you, or even for the greater part of you—although my regard for your honour compels me to keep awake day and night, and to watch with eager eyes every part of the republic—still I will close my eyes for a time, if your advantage will be at all promoted by my doing so. But, if a place and a city is being looked out for five thousand men, picked out as fit instruments for violence, and atrocity, and slaughter, from which they may be able to make war, and which may be able to equip them properly for war,—will you still suffer a power to be raised and garrisons to be armed in your own name against yourselves? Will you allow cities and lands and forces to be arrayed against your interest?

For they themselves have desired the Campanian district which they hold out a hope of to you. They will lead thither their own friends, in whose name they themselves may occupy it and enjoy it. Besides all this, they will make purchases; they will add the other ten acres to their present estate. For if they say that that is not lawful by the law; by the Cornelian law it certainly is not. But we see (to say nothing about lands at a distance) that the district of Praeneste is occupied by a few people. And I do not see that anything is wanting to their fortunes, except farms of such a description that they may be able by the supplies which they derive from them to support their very large households, and the expense of their farms near Cumae and Puteoli. But if he be thinking of what is for your advantage, then let him come, and let him discuss with me, face to face, the decision of the Campanian district.

I asked him on the first of January, to what men he was going to distribute that land, and on what principles. He answered that he should begin with the Romilian tribe. In the first place now, what is the object of such pride and arrogance as to cut off one portion of the people, and to neglect the order of the tribes? to contrive to give land to the country people who have it already, before any is given to the city people, to whom the hope of land and the pleasure they are to derive from it is held out as an inducement ? Or if he says that this is not what he said, and if he has some plan in his head to satisfy all of you, let him produce it; let him allot it in divisions of ten acres; let him put forth your names in a regular arrangement from the district of the Subura to that of the Arnus. If you perceive not only that ten acres are not given to you, but that it is actually impossible for such a body of men to be collected together in the district of Campania, will you nevertheless allow the republic to be harassed, the majesty of the Roman people to be despised, and you yourselves to be deluded any longer by the tribune of the people?

But if that land could possibly come to you, would you not rather that it remained as part of your patrimony? Will you allow the most beautiful estate belonging to the Roman people—the main source of your riches, your chief ornament in time of peace, your chief source of supply in time of war, the foundation of your revenues, the granary from which your legions are fed, your consolation in time of scarcity—to be ruined? Have you forgotten what great armies you supported by means of the produce of Campania, in the Italian war, when you had lost all your ordinary sources of revenue? Are you ignorant that all those magnificent revenues of the Roman people are often dependent on a very slight impulse of fortune-on a critical moment? What will all the harbours of Asia, what will the plains of Syria, what will all our transmarine revenues avail us, if the very slightest alarm of pirates or enemies be once given?