De Lege Agraria

Cicero, Marcus Tullius

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

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.