2.
[4]
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.
[5]
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?
[6]
For by the Valerian and Cornelian law this power is taken away at the same
time that it is given. 1 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?
[7]
What then does this Marian tribune of the
people say, when he is trying to make us, who are Sulla's friends, unpopular?
“Whatever has been given, or assigned, or sold, or granted by public authority,
whether lands, or houses, or lakes, or marshes, or sites, or properties,” (he has
omitted to mention the sky and sea, but he has omitted nothing else,) “since the
consulship of Marius and Carbo.” By whom,
O Rullus? Who has allotted anything whatever since the Consulship of Marius and Carbo? Who
has given anything, who has granted anything, except Sulla? “Let all those things
remain in the same condition.” In what condition? He is undermining something or
other. This over active and too energetic tribune of the people is rescinding the acts of
Sulla. “As those things which have become private property according to the most
regular possible course of law.” Are they then to be held on a surer tenure than a
man's paternal and hereditary property?
[8]
Just so. But the
Valerian law does not say this; the Cornelian laws
do not sanction this; Sulla himself does not demand this. If those lands have any connection
with legal right, if they have any resemblance to private property, if they have the least
hope of becoming permanent property, then there is not one of those men so impudent as not to
think that he is excellently well treated. But you, O Rullus, what is your object? That they
may retain what they have got? Who hinders them? That they may retain it as private property?
But the law is framed in such a way that the farm of your father-in-law in the Hirpine
district, or the whole Hirpine district, for he is in possession of all of it, is held by him
on a surer tenure than my paternal hereditary estate at Arpinum. For that is the effect of
the provision of your law.
[9]
For those farms in truth are
held by the best right, which are held on the best conditions. Free tenures are held by a
better tenure than servile ones. By this clause all tenures which have hitherto been servile
2
tenures will be so no longer. Enfranchised estates are in a better condition than those which
are liable to no obligations; by the same clause all lands subject to the payment of any
fine, if only they were assigned by Sulla, are released from such payments. Lands which are
exempt from payment are in a better condition than those which pay a fine. I, in my Tusculan
villa, must pay a tax for the Crabran 3 water, because I received my estate subject to this
liability; but, if I had only had the land given me by Sulla, I should not pay it, according
to the law of Rullus.
1 There is probably some corruption in the text here and in the next few sentences; Orellius marks them with a dagger.
2 Serva praedia mean such estates as were liable to certain burdens or duties; held by the performance of certain services.
3 The Crabra aqua is several times mentioned by Cicero in his letters as a small artificial stream running through his Tusculan property. He even had a law-suit respecting it, as appears from one of his letters.
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