De Lege Agraria

The fortieth clause of the law is one, O Romans, the mention of which I have hitherto purposely avoided, lest I should seem to be reopening a wound of the republic which was now scarred over, or to be renewing, at a most unseasonable time, some of our old dissensions. And now too I will argue that point, not because I do not think that this present condition of the republic deserving of being most zealously maintained, especially after I have professed myself to be for this year at least the patron of all tranquillity and unanimity in the republic; but in order to teach Rullus for the future to be silent at least in those matters with respect to which he wishes silence to be observed as to himself and his actions.

Of all laws I think that one is the most unjust and the most unlike a law, which Lucius Flaccus, the interrex, passed respecting Sulla—“That everything which he has done should be ratified.” For, as in other states, when tyrants are established, all laws are extinguished and destroyed this man established a tyrant of the republic by law. It is an invidious law, as I said before; but still it has some excuse. For it appears to be a law not urged by the man but by the time. What shall we say if this law is a far more impudent one?

For by the Valerian and Cornelian law this power is taken away at the same time that it is given. [*](There is probably some corruption in the text here and in the next few sentences; Orellius marks them with a dagger.) An impudent courting of the people is joined with a bitter injury done to them. But still a man from whom any property is taken always has some hope arising from those laws; and he, to whom any is given, has some scruples. The provision in Rullus's law is, “Whatever has been done since the consulship of Caius Marius and Cnaeus Papirius.” How carefully does he avoid suspicion, when he names those consuls most especially who were the greatest adversaries of Sulla. For, if he had named Sulla, he thought that that would have been a palpable and also an invidious measure. And yet, which of you did he expect to be so stupid, as not to be able to recollect that immediately after the consulship of those men Sulla became dictator?