II. Scarcely had Cicero entered on his functions, when the tribune P. Servilius Rullus revived one of those projects which, for ages, have had the effect of exciting to the highest degree both the avidity of the proletaries and the anger of the Senate: it was an agrarian law.
It contained the following provisions: To sell, with certain exceptions,[938] the territories recently conquered, and some other domains but little productive to the State; devoting the proceeds to the purchase, by private contract, of lands in Italy which were to be divided among the indigent citizens; to cause to be nominated, according to the customary mode for the election of grand pontiff—that is, by seventeen tribes, drawn by lot from the thirty-five—ten commissioners or decemvirs, to whom should be left, for five years, the power, absolute and without control, of distributing or alienating the domains of the Republic and private properties wherever they liked. No one could be appointed who was not present in Rome, which excluded Pompey, and the authority of the decemvirs was to be sanctioned by a curiate law. To them alone was intrusted the right to decide what belonged to the State and what to individuals. The lands of the public domain which should not be alienated were to be charged with a considerable impost.[939] The decemvirs had also the power of compelling all the generals, Pompey excepted, to account for the booty and money received during war, but not yet deposited in the treasury, or employed upon some monument. They were allowed to found colonies anywhere they thought proper, particularly in the territory of Stella, and in the ager of Campania, where five thousand Roman citizens were to be established. In a word, the administration of the revenues and the resources of the State came almost wholly into their hands; they had, moreover, their lictors; they could take the omens, and choose amongst the knights two hundred persons to execute their decrees in the provinces, and these were without appeal.
This project offered inconveniences, but also great advantages. Rullus, certainly, was to blame for not designating all the places where he wished to establish colonies; for making two exemptions, one favourable, the other unfavourable to Pompey; for assigning to the decemvirs powers too extensive, tending to arbitrary acts and speculations: nevertheless, his project had an important political aim. The public domain, encroached upon by usurpations or by the colonies of Sylla, had almost disappeared. The law was to re-constitute it by the sale of conquered territories. On the other side, the lands confiscated in great number by Sylla, and given or sold at a paltry price to his partisans, had suffered a general depreciation, for the ownership was liable to be contested, and they no longer found purchasers. The Republic, while desirous of relieving the poorer class, had thus an interest in raising the price of these lands and in securing the holders. The project of Rullus was, in fact, a veritable law of indemnity. There are injustices which, sanctioned by time, ought also to be sanctioned by law, in order to extinguish the causes of dissension, by restoring their security to existing things, and its value to property.
If the great orator had known how to raise himself above the questions of person and of party, he would, like Cæsar, have supported the proposal of the tribune, amending only what was too absolute or too vague in it; but, overreached by the faction of the great, and desiring to please the knights, whose interests the law injured, he attacked it with his usual eloquence, exaggerating its defects. It would only benefit, he said, a small number of persons. Whilst appearing to favour Pompey, it deprived him, on account of his absence, of the chance of being chosen decemvir. It allowed some individuals to dispose of kingdoms like Egypt, and of the immense territories of Asia. Capua would become the capital of Italy, and Rome, surrounded by a girdle of military colonies devoted to ten new tyrants, would lose its independence. To purchase the lands, instead of apportioning the ager publicus, was monstrous, and he could not admit that they would engage the people to abandon the capital to go and languish in the fields. Then, exposing the double personal interest of the author of the law, he reminded them that the father-in-law of Rullus was enriched with the spoils of proscripts, and that Rullus himself had reserved the right of being nominated decemvir.
Cicero, nevertheless, pointed out clearly the political bearing of the project, although censuring it, when he said; “The new law enriches those who occupied the domain lands, and withdraws them from public indignation. How many men are embarrassed by their vast possessions, and cannot support the odium attached to the largesses of Sylla! How many would sell them, and find no buyers! How many seek means, of whatever kind, to dispossess themselves of them!... And you, Romans, you are going to sell those revenues which your ancestors have acquired at the cost of so much sweat and blood, to augment the fortune and assure the tranquillity of the possessors of the goods confiscated by Sylla!”[940]
We see thus that Cicero seems to deny the necessity of allaying the inquietudes of the new and numerous acquirers of this kind of national property; and yet, when a short time afterwards another tribune proposed to relieve from civic degradation the sons of proscripts, he opposed him, not because this reparation appeared to him unjust, but for fear the rehabilitation in political rights should carry with it the reintegration into the properties, a measure, according to his views, subversive of all interests.[941] Thus, with a strange inconsistency, Cicero combated these two laws of conciliation; the one because it re-assured, the other because it disquieted the holders of the effects of the proscribed. Why must it be that, amongst men of superiority, but without convictions, talent only too often serves to sustain with the like facility the most opposite causes? The opinion of Cicero triumphed, nevertheless, thanks to his eloquence; and the project, despite the lively adhesion of the people, encountered in the Senate such a resistance, that it was abandoned without being referred to the comitia.
Cæsar advocated the agrarian law, because it raised the value of the soil, put an end to the disfavour attached to the national property, augmented the resources of the treasury, prevented the extravagance of the generals, delivered Rome from a turbulent and dangerous populace by wresting it from degradation and misery. He supported the rehabilitation of the children of proscripts, because that measure, profoundly reparative, put an end to one of the great iniquities of the past regime.
There are victories which enfeeble the conquerors more than the vanquished. Such was the success of Cicero. The rejection of the agrarian law, and of the claims of the sons of proscripts, augmented considerably the number of malcontents. A crowd of citizens, driven by privations and the denial of justice, went over to swell the ranks of the conspirators, who, in the shade, were preparing a revolution; and Cæsar, pained at seeing the Senate reject that sage and ancient policy which had saved Rome from so many agitations, resolved to undermine by every means its authority. For this purpose he engaged the tribune, T. Labienus, the same who was afterwards one of his best lieutenants, to get up a criminal accusation which was a direct attack upon the abuse of one of the prerogatives of the government.[942]
Trial of Rabirius (691).
III. For a long time, when internal or external troubles were apprehended, Rome was put, so to speak, in a state of siege, by the sacramental formula, according to which the consuls were enjoined to see that the Republic received no injury; then the power of the consuls was unlimited;[943] and often, in seditions, the Senate had profited by this omnipotence to rid itself of certain factious individuals without observing the forms of justice. The more frequent the agitations had become, the more they had used this extreme remedy. The tribunes always protested ineffectually against a measure which suspended all the established laws, legalised assassination, and made Rome a battle-field. Labienus tried anew to blunt in the hands of the Senate so formidable a weapon.