[47] After Decius had spoken in this manner and the rest of the tribunes had supported him by adding what they thought he had omitted, and it was now time for the senators to deliver their opinions, first the oldest and the most honoured of the ex-consuls, being called upon by the consuls in the customary order, rose up, and after them those who were inferior to them in both these respects, and last of all, the youngest senators, who made no speeches (for that was still looked upon then as disgraceful by the Romans, and no young man presumed to be wiser than an old man), but seconded the opinions delivered by the ex-consuls.

[2] ἅπασι δὲ προσετάττετο παριοῦσι καθάπερ ἐν δικαστηρίῳ μεθ᾽ ὅρκου τὴν ψῆφον ἐπιφέρειν. Ἄππιος μὲν οὖν Κλαύδιος, ὑπὲρ οὗ καὶ πρότερον ἔφην, ὅτι μισοδημότατος ἦν τῶν πατρικίων καὶ οὐδέποτε ταῖς πρὸς τὸ δημοτικὸν ἠρέσκετο διαλλαγαῖς, οὐκ εἴα γενέσθαι τὸ προβούλευμα τοιούτοις λόγοις χρώμενος.

[2] It was required, however, that all the senators should come forward and give their votes upon oath as in a court of justice. Then Appius Claudius, whom I mentioned before as the greatest enemy to the plebeians of all the patricians, one who could never relish the agreement made with the plebeians, opposed the passing of the preliminary decree, speaking as follows:

[1] ἐβουλόμην μὲν ἂν ἔγωγε καὶ τοῖς θεοῖς ηὐξάμην πολλάκις ἐμαυτὸν μὲν ἁμαρτεῖν τῆς γνώμης, ἣν εἶχον ὑπὲρ τῶν πρὸς τὸν δῆμον διαλύσεων, ὡς οὔτε καλὴν καὶ δικαίαν οὔτε συμφέρουσαν ἡμῖν ὑπελάμβανον ἔσεσθαι τὴν τῶν φυγάδων κάθοδον καὶ διὰ παντός, ὁσάκις περὶ τούτου προὐτέθη σκοπεῖν, πρῶτός τε τῶν ἄλλων καὶ τελευτῶν μόνος, ἐπειδὴ οἱ λοιποὶ ἀπέστησαν, ἠναντιούμην: ὑμᾶς δ᾽, ὦ βουλή, τοὺς ἐπὶ τὰ κρείττω τὴν ἐλπίδα λαμβάνοντας καὶ πάντα [p. 72] τῷ δήμῳ δίκαιά τε καὶ ἄδικα προθύμως χαριζομένους ἄμεινον ἐμοῦ δόξαι φρονεῖν.

[48.1] “For my part, I kept wishing and often prayed to the gods that I might be mistaken in the opinion I entertained concerning the accommodation with the populace, when I thought that the return of the fugitives would be neither honourable and just nor advantageous to us, and from first to last, whenever anything relating to this subject was proposed for our consideration, I was the first of all and finally the only one, after the rest had deserted me, who opposed it. And I also wished that you, senators, who have always hoped for the best and cheerfully granted to the populace all their demands, both just and unjust, might prove to be wiser than I.

[2] ἐπειδὴ δ᾽ οὐχ, ὡς ἐβουλόμην τε καὶ τοῖς θεοῖς ηὐχόμην, τὰ πράγματα ὑμῖν κεχώρηκεν, ἀλλ᾽ ὡς ᾤμην, καὶ περιεστήκασιν αἱ χάριτες ὑμῖν εἰς φθόνους καὶ μίση, τὸ μὲν ἐπιτιμᾶν τοῖς ἡμαρτημένοις ὑμῖν καὶ λυπεῖν ὑμᾶς διὰ κενῆς, ὃ ῥᾷστόν ἐστι καὶ πᾶσιν ὡς τὰ πολλὰ ποιεῖν σύνηθες, οὐκ ἐν καιρῷ νυνὶ γενησόμενον ὁρῶν ἐάσω. ἐξ ὧν δὲ τά τε παρελθόντα ἐπανορθωσόμεθα, ὅσα μὴ παντάπασιν ἀνιάτως ἔχει, καὶ περὶ τῶν παρόντων ἄμεινον φρονήσομεν,

[2] But now that things have not turned out for you as I wished and prayed, but rather as I expected, and now that the benefits you conferred have ended in envy and hatred, I shall forbear to censure you for your past errors or to cause you needless pain (which is a very easy thing to do and what everyone usually does), as I perceive that it will be out of place at this time. However, I shall endeavour to suggest to you how we may correct such of the past errors are not absolutely incurable and may act with greater wisdom in the present situation.

[3] ταῦτα πειράσομαι λέγειν. καίτοι με οὐ λέληθεν, ὅτι μαίνεσθαι καὶ θανατᾶν δόξω τισὶν ὑμῶν γνώμην περὶ τούτων ἐλευθέραν ἀποφαινόμενος ἐνθυμουμένοις, ἡλίκους ἔχει κινδύνους ὁ μετὰ παρρησίας λόγος, καὶ τὰς Μαρκίου συμφοράς, ὃς οὐ δι᾽ ἕτερόν τι νυνὶ τὸν ὑπὲρ τῆς ψυχῆς ἀγῶνα τρέχει, λογιζομένοις.

[3] And yet I am not unaware that I shall appear to some of you to be mad and to be courting death in expressing my opinion freely concerning these matters, when they consider how great danger frankness of speech matters, and reflect on the plight of Marcius, who at this moment runs the risk of losing his life for no other reason.

[4] ἀλλ᾽ οὐκ οἴομαι δεῖν τῆς ἰδίας ἀσφαλείας πλείω ποιεῖσθαι πρόνοιαν ἢ τῆς κοινῆς ὠφελείας. δέδοται γὰρ ἤδη τοῖς ὑπὲρ ὑμῶν κινδύνοις τὸ σῶμα τοὐμόν, ὦ βουλή, καὶ καθωσίωται τοῖς ὑπὲρ τῆς πόλεως ἀγῶσιν, ὥστε ὅ τι ἂν τῷ δαίμονι δοκῇ, μετὰ πάντων τε καὶ σὺν ὀλίγοις, εἰ δ᾽ ἀνάγκη καὶ μόνος εὐγενῶς πείσομαι: ἕως δ᾽ ἂν ἔχω τὴν ψυχήν, οὐδείς με ἀφέξει φόβος μὴ οὐχ ἃ φρονῶ λέγειν. [p. 73]

[4] But I believe that I ought not to be more anxious for my personal safety than for the public welfare. For my body has already been given to the perils that attend your cause, senators, and devoted to the struggles in defence of the commonwealth; so that whatever Heaven pleases to ordain, I shall suffer it resolutely either with all of you or with a few, or, if necessary, even alone. But while I have life, no fear shall deter me from saying what I think.

[1] πρῶτον μὲν οὖν τοῦθ᾽ ὑμᾶς ἤδη ποτὲ ἀξιῶ βεβαίως μαθεῖν, ὅτι δυσμενῆ καὶ πολέμιον ἔχετε τῇ καθεστώσῃ πολιτείᾳ τὸν δημοτικὸν ὄχλον, καὶ πάνθ᾽ ὅσα μαλακισθέντες αὐτῷ συνεχωρήσατε μάτην θ᾽ ὑμῖν ἀνήλωται καὶ καταφρονήσεως αἴτια γέγονεν, ὡς διὰ τὴν ἀνάγκην συγχωρηθέντα ὑφ᾽ ὑμῶν, ἀλλ᾽

[49.1] “In the first place, I want you now at last to be firmly convinced of this, that your plebeian multitude is unfriendly and hostile to the established government, and that all the concessions you have through weakness made to them have not only been wasted by you, but have even exposed you to contempt, as having been granted by you through necessity rather than from goodwill or sober choice.

[2] οὐκ ἀπ᾽ εὐνοίας οὐδὲ κατὰ κρίσιν. σκοπεῖτε γὰρ οὕτως. ὅτ᾽ ἀπέστη λαβὼν τὰ ὅπλα ὁ δῆμος ἀφ᾽ ὑμῶν καὶ πολέμιος ὑμῖν ἐτόλμησεν ἐκ τοῦ φανεροῦ γενέσθαι, ἀδικηθεὶς μὲν οὐδέν, τὸ μὴ δύνασθαι δὲ τὰ χρέα τοῖς συμβεβληκόσι διαλῦσαι σκηπτόμενος, καὶ εἰ ψηφίσαισθε ὑμεῖς χρεῶν τ᾽ ἀποκοπὰς καὶ ἄδειαν ὧν ἥμαρτε κατὰ τὴν ἀπόστασιν οὐθενὸς ἔτι δεήσεσθαι ἔφησεν, ἔγνωσαν οἱ πλείους ὑμῶν, οὐ γὰρ δὴ πάντες γε, παρακρουσθέντες ὑπὸ τῶν συμβούλων, ὡς μή ποτε ὤφελον, ἀκυρῶσαι τοὺς ἐπὶ τῇ πίστει τεθέντας νόμους καὶ μηθενὸς τῶν τότε γεγενημένων μνησικακεῖν ἀδικημάτων.

[2] For look at it in this way: When the populace took up arms, and, seceding from you, ventured to become openly your enemies, albeit they had received no injury, but offered as an excuse their inability to discharge their debts and impunity for the offences they had committed during their secession, they would make no further demands, the greater part of you, though not all, misled by their advisers, voted — as would to Heaven they had not! — to abrogate the laws enacted in the interest of the public faith and to grant an amnesty for all the offences that had been committed at that time.

[3] οὐκ ἠγάπησε ταύτης τυχὼν τῆς χάριτος, ἧς μόνης μεμνημένος ἔφη πεποιῆσθαι τὴν ἀπόστασιν, ἀλλ᾽ εὐθὺς ἑτέραν ἔτι ταύτης ᾔτει μείζω καὶ παρανομωτέραν δωρεάν, ἐξουσίαν αὐτῷ δοθῆναι δημάρχους ἐξ αὐτοῦ καθ᾽ ἕκαστον ἔτος ἀποδεικνύναι, πρόφασιν μὲν ποιούμενος τὴν ἡμετέραν ἰσχύν, ἵνα δὴ τοῖς ἀδικουμένοις καὶ κατισχυομένοις [p. 74] τῶν πενήτων ἐπικουρία τις ὑπάρχῃ καὶ καταφυγή: ὡς δὲ τἀληθὲς εἶχεν, ἐπιβουλεύων τῷ κόσμῳ τῆς πολιτείας καὶ εἰς δημοκρατίαν περιστῆσαι τὰ πράγματα

[3] But the plebeians were not satisfied with obtaining this favour, which they said was the only one they had mentioned when they seceded, but straightway asked for another concession still greater and more illegal than this — that leave should be granted them to choose tribunes from their own number every year — making our superior strength their excuse for this demand, to the end, forsooth, that some aid and refuge might lie open to the poorer citizens who were wronged and oppressed, though in reality they were plotting against our form of government and desired to change it to a democracy.

[4] βουλόμενος. καὶ τοῦτ᾽ ἔπεισαν ἡμᾶς οἱ σύμβουλοι τὸ ἀρχεῖον ἐᾶσαι παρελθεῖν εἰς τὴν πόλιν ἐπὶ τῷ κοινῷ παραγινόμενον κακῷ, καὶ μάλιστ᾽ ἐπὶ τῷ κατὰ τῆς βουλῆς φθόνῳ, πολλά, εἴπερ ἄρα μέμνησθε, κεκραγότος ἐμοῦ καὶ μαρτυρομένου θεούς τε καὶ ἀνθρώπους ὅτι πόλεμον ἐμφύλιον ἄπαυστον εἰς τὴν πόλιν εἰσάξετε, καὶ πάνθ᾽ ὅσα ὑμῖν προβέβηκε λέγοντος.

[4] This magistracy also those advisers of our prevailed upon us to admit into the commonwealth, though its introduction was to the public detriment and in particular would arouse hatred against the senate, and notwithstanding that I, if you recall, exclaimed against it and called both gods and men to witness that you would bring into the commonwealth endless civil war, and foretold everything that has since befallen you.

[1] τί οὖν ἐποίησεν ὁ χρηστὸς ἡμῖν δῆμος, ἐπειδὴ καὶ ταύτην αὐτῷ συνεχωρήσατε τὴν ἀρχήν; οὐκ ἐταμιεύσατο τὴν τοσαύτην χάριν οὐδ᾽ ἔλαβεν αἰσχυνομένως αὐτὴν καὶ σωφρόνως, ἀλλ᾽ ὡς δεδοικόσι τὴν ἰσχὺν αὐτοῦ καὶ κατεπτηχόσιν ἡμῖν ... ἔπειτα ἱερὰν καὶ ἄσυλον ἔφη δεῖν ἀποδειχθῆναι τὴν ἀρχὴν ὅρκοις ἐμπεδωθεῖσαν, κρείττω τιμὴν αἰτούμενος ἧς δεδώκατε ὑμεῖς τοῖς ὑπάτοις. ὑπεμείνατε καὶ τοῦτο καὶ στάντες ἐπὶ τῶν τομίων κατ᾽ ἐξωλείας ἑαυτῶν τε καὶ τῶν ἀπογόνων ὠμόσατε.

[50.1] “What, then, did this fine populace of ours do after you had granted them this magistracy also? They did not make a prudent use of so great a benefit nor did they receive it with respect and modesty, but, just as if we were in fear and consternation because of their strength . . . then they said this magistracy ought to be declared sacred and inviolable and should be secured by oaths, thus demanding for it a greater honour than you yourselves have conferred upon the consuls. To this also you submitted, and standing over the parts of the sacrificial victims, you invoked utter destruction upon both yourselves and your posterity if you should violate your oath.

[2] τί οὖν ἐποίησε καὶ τούτου τυχών; ἀντὶ τοῦ χάριτας ὑμῖν εἰδέναι καὶ σώζειν τὸν πάτριον κόσμον τῆς πολιτείας, ἀρξάμενος ἀπὸ τούτων τῶν πλεονεξιῶν καὶ ταύταις ταῖς παρανομίαις ἀφορμαῖς τῶν [p. 75] ὕστερον χρησάμενος νόμους τ᾽ ἀπροβουλεύτους εἰσφέρει, καὶ τούτους ἐπιψηφίζει δίχα τῆς ὑμετέρας γνώμης, καὶ οἷς ἂν ὑμεῖς ἐκφέρητε δόγμασιν οὐ προσέχει τὸν νοῦν, καὶ τῶν ὑπάτων ὡς οὐκ ὀρθῶς τὴν πόλιν ἐπιτροπευόντων κατηγόρει, καὶ τοῖς ἐκβαίνουσι παρὰ τὰς ὑμετέρας συνθήκας: πολλὰ δ᾽ ἐστίν, ὧν οὐ δύναται στοχάσασθαι λογισμὸς ἀνθρώπινος: οὐ τὴν τύχην, ὥσπερ ἐχρῆν, ἀλλὰ τὴν ὑμετέραν ἐπιγράφει διάνοιαν, ἐπιβουλεύεσθαί θ᾽ ὑφ᾽ ὑμῶν σκηπτόμενος καὶ δεδιέναι, μὴ τὴν ἐλευθερίαν ἀφέλησθε ἢ τῆς πατρίδος ἐκβάλητε, αὐτὸς ἐφ᾽ ὑμῖν ταῦτα μηχανώμενος διατελεῖ, καὶ τὸ μὴ παθεῖν ὃ δεδοικέναι φησίν, οὐκ ἄλλῳ τινὶ φυλαττόμενος δῆλός ἐστιν, ἢ τῷ δρᾶσαι φθάσας.

[2] What, then, did they do when they had obtained this also? Instead of being grateful to you and maintaining our ancestral form of government, they began from these ill-gotten advantages, and making these illegal acts the steps to future encroachments, they not only introduce laws without a preliminary decree of the senate, but enact them without your concurrence; they pay no regard to the decrees you publish; they accuse the consuls of maladministration of the state; and if anything happens contrary to your agreement with them — and there are many things which human reason cannot accurately foresee — they attribute it, not to chance, as they should, but to deliberate intention on your part; and while they pretend that designs are being formed against them by you and that they are afraid you may either deprive them of their liberty or expel them from their country, they themselves are continually forming these very designs against you, and plainly show that their only method of guarding against the mischief they claim to fear consists in being the first to inflict it.

[3] ἐδήλωσε δὲ τοῦτο πολλάκις μὲν καὶ πρότερον καὶ ἐπὶ πολλῶν ὧν ἐξείργομαι μεμνῆσθαι κατὰ τὸ παρόν, μάλιστα δὲ Μάρκιον τουτονὶ τὸν φιλόπολιν ἄνδρα, οὔτε προγόνων ἀφανῶν ὄντα οὔτ᾽ αὐτὸν ἀρετῇ λειπόμενον οὐθενὸς ἡμῶν, αἰτιασάμενος ἐπιβουλεύειν αὐτῷ καὶ πονηρὰς ἐνθάδε γνώμας λέγειν, ἄκριτον ἐπεχείρησεν ἀποκτεῖναι.

[3] This they have often made apparent even before now, upon many occasions which I am prevented from mentioning at present, but particularly by their treatment of Marcius here, a lover of his country and a man who is neither of obscure birth nor inferior himself to any of us in valour, whom they accused of forming designs against them and of going evil advice in this place, and attempted to put to death without a trial.

[4] καὶ εἰ μὴ δεινὸν ἡγησάμενοι τὸ πρᾶγμα οἵ θ᾽ ὕπατοι καὶ ὑμῶν οἱ τὰ κρείττω φρονοῦντες συνεστράφητε καὶ τὴν παρανομίαν ἐπέσχετε αὐτῶν, ἐν μιᾷ τῇ τότε ἡμέρᾳ πάντ᾽ ἂν ἀφῃρέθητε, ὅσα οἱ πατέρες θ᾽ ὑμῖν σὺν πολλοῖς κτησάμενοι πόνοις κατέλιπον καὶ αὐτοὶ ὑμεῖς οὐκ ἐλάττους ἀγῶνας ἐκείνων ὑποστάντες ἔχετε, τὸ ἀξίωμα, τὴν ἡγεμονίαν, τὴν ἐλευθερίαν: οἱ δὲ γενναιότεροι [p. 76] καὶ οὐκ ἀγαπήσαντες αὐτὸ τὸ ζῆν, εἰ μὴ μετὰ τούτων ἐμέλλετε τῶν ἀγαθῶν βιώσεσθαι, τὰς ψυχὰς ἂν πρότερον ἢ ταῦτ᾽ ἀφῃρέθητε, οἱ μὲν εὐθύς, οἱ δ᾽ οὐκ εἰς μακράν.

[4] And if the consuls and the more sagacious among you had not become indignant at this action and joined together to restrain their illegal attempts, you would have been deprived in that one day of everything that your ancestors acquired with many labours and left to you, and of everything that you yourselves possess after undergoing on fewer struggles than they — of your prestige, your supremacy, and your liberty; while those of you who had more spirit and would not have been contented with life alone unless you were to live in the enjoyment of those blessings, would, either then or soon after, have chosen to lose your lives rather than lose these privileges.

[5] τί γὰρ ἂν τὸ κωλῦσον ἦν οὕτως αἰσχρῶς καὶ κακῶς Μαρκίου τοῦδε ἀναρπασθέντος ὥσπερ ἐν ἐρημίᾳ κἀμὲ μετὰ τοῦτον ἀπολωλέναι διασπασθέντα ὑπὸ τῶν ἐχθρῶν, καὶ πάντας, ὅσοι πώποτ᾽ ἠναντιώθησαν, καὶ τὸ λοιπὸν ἔμελλον ἐναντιώσεσθαι ταῖς παρανόμοις ἐπιθυμίαις τοῦ δήμου; οὐ γὰρ ἂν ἠρκέσθη τοὺς δύο μόνους ἡμᾶς ἐκποδὼν ποιησάμενος, οὐδὲ μέχρι δεῦρ᾽ ἐλθὼν ἀπέστη τῆς παρανομίας, εἰ δεῖ τὰ μέλλοντα τεκμαίρεσθαι τοῖς γεγονόσιν, ἀλλ᾽ ἀφ᾽ ἡμῶν ἀρξάμενος ἅπαν τὸ ἀντίπαλον καὶ μὴ εἶκον ὥσπερ χειμάρρους πολὺς ἐμπεσὼν παρέσυρεν ἂν καὶ κατήνεγκεν, οὔτ᾽ εὐγενείας φειδόμενος οὔτ᾽ ἀρετῆς οὔθ᾽ ἡλικίας.

[5] For if once Marcius had been made away with in some shameful and dastardly a manner, like one all alone in a wilderness, what could have hindered me also, after him, and all of you who had ever opposed or were likely to oppose thereafter the unlawful attempts of the populace, from perishing by being torn in pieces by our enemies? For they would not have been satisfied with getting only the two of us out of the way, nor would they, after going thus far, have desisted from their lawless course, if we are to judge the future from the past; but having begun with us, they would have rushed down like a torrent in flood upon all who opposed them and did not submit to them, and would have swept them away and borne them off, sparing neither birth, merit nor age.

[1] ταύτας ὑμῖν ὁ δῆμος, ὦ βουλή, τὰς καλὰς ἀμοιβὰς ἀνθ᾽ ὧν ἔπαθεν ἀγαθῶν πολλῶν ὄντων καὶ μεγάλων τὰς μὲν ἀπέδωκεν ἤδη, τὰς δ᾽ ἀποδώσειν ἔμελλεν, εἰ μὴ τὸ κωλῦσον παρ᾽ ὑμᾶς ἐγένετο. ἄγε δὴ νῦν κἀκεῖνα ἐνθυμήθητε πάλιν, ἃ μετὰ τοῦτο τὸ γενναῖον καὶ σῶφρον ὑμῶν ἔργον ἔδρασεν, ἵνα γνῶτε,

[51.1] “These, senators, are the fine returns which the populace have either already made to you, or would have made, if it had not lain in your power to prevent them, for the many great benefits they have received from you. Now consider those things that they did after this magnanimous and prudent action on your part, in order that you may learn how you ought to deal with them.

[2] ὅντινα χρὴ τρόπον αὐτῷ προσφέρεσθαι. ἐκεῖνος τοίνυν ὡς ἔμαθεν ὑμᾶς οὐκέτι φέροντας αὐτοῦ τὴν ὕβριν, [p. 77] ἀλλ᾽ ὁμόσε χωρεῖν παρεσκευασμένους, ἔπτηξε καὶ μικρὸν ἀναλαβὼν ἑαυτὸν ὥσπερ ἐκ μέθης καὶ μανίας ἀπὸ μὲν τοῦ βιάζεσθαι κατέβη, ἐπὶ τὸ δικάζεσθαι δ᾽ ἐτράπετο: καὶ προειπὼν ἡμέραν ῥητὴν εἰς αὐτὴν ἐκάλει τὸν ἄνδρα ὡς δίκην ὑφέξοντα, ἧς αὐτὸς ἔμελλεν ἔσεσθαι κατήγορός τε καὶ μάρτυς καὶ δικαστὴς καὶ τοῦ

[2] Well then, as soon as they found you resolved no longer to bear their insolence but prepared to join issue with them, they were struck with terror, and recovering themselves slightly, as from a fit of drunkenness or madness, they desisted from violence and had recourse to legal action; and appointing a day, they summoned Marcius to appear then and stand his trial, at which they themselves were to be at once the accusers, the witnesses, and the judges, and the ones to determine the degree of the punishment.

[3] μεγέθους τῆς τιμωρίας κύριος. ἐπειδὴ δὲ καὶ πρὸς τοῦτ᾽ ἐνέστητε νομίσαντες οὐκ ἐπὶ δίκην, ἀλλ᾽ ἐπὶ τιμωρίαν καλεῖσθαι τὸν ἄνδρα, ὁρῶν ὡς οὐδενὸς αὐτοκράτωρ ἐστὶ πράγματος, ἀλλ᾽ ὅσ᾽ ἂν ὑμεῖς προβουλεύσητε, ταῦτ᾽ ἐπιψηφίσαι κύριος, τῆς τ᾽ αὐθαδείας, ἧς πολὺς ἔπνει τότε, ὑφεῖται νυνὶ καὶ δεησόμενος ὑμῶν ἥκει συγχωρῆσαι καὶ ταύτην αὐτῷ τὴν χάριν.

[3] And since you opposed this also, because you thought that he was summoned, not to be tried, but to be punished, the populace, perceiving that they have absolute authority in no matter whatever, but only the power of ratifying your preliminary decrees, now abate their arrogance, which then blew so strong, and have come to beg that you will grant them this favour also.

[4] ἐνθυμούμενοι δὴ ταῦτ᾽ αἴσθεσθε ἤδη ποτὲ καὶ μάθετε, ὅτι πάνθ᾽, ὅσα μὲν εὐηθέστερα βουλευσάμενοι μᾶλλον ἢ φρονιμώτερα ἐχαρίσασθε, αὐτῷ συμφορὰς ὑμῖν ἐνήνοχε καὶ βλάβας, ὅσα δὲ μετὰ τοῦ γενναίου στάντες τοῖς παρανόμοις αὐτοῦ καὶ βιαίοις ἠναντιώθητε, ταῦθ᾽ ὑμῖν εἰς δέον ἐκβέβηκε.

[4] Bearing this in mind, therefore, perceive at last and learn that all the privileges you have hitherto granted them, with greater guilelessness than prudent, have brought calamities and harm upon you, but that every courageous stand you have made against their illegal and violent acts has turned out advantageously.

[5] τί οὖν ὑμῖν ἐπισταμένοις ταῦτα παραινῶ πράττειν καὶ τίνα γνώμην ὑπὲρ τῶν παρόντων ἀποφαίνομαι; ὅσα μὲν ἐχαρίσασθε καὶ συνεχωρήσατε τῷ δήμῳ τὴν ἔχθραν διαλλαττόμενοι ὁπωσδήποτε φυλάττειν κύρια, καὶ μὴ λύειν τῶν τότε συγχωρηθέντων μηθέν, οὐχ ὡς καλῶν καὶ τῆς πόλεως ἀξίων ὄντων: πόθεν γάρ; ἀλλ᾽ ὡς ἀναγκαίων καὶ μηκέτι δεχομένων διόρθωσιν: ὅσα δ᾽ ἂν ἔξω τούτου βιαζόμενος καὶ παρανομῶν ἀκόντων ὑμῶν ἐπιχειρῇ λαμβάνειν μήτε συγχωρεῖν [p. 78] αὐτῷ μήτ᾽ ἐπιτρέπειν, ἀλλ᾽ ἀντιπράττειν λόγοις τε καὶ ἔργοις καὶ ὁμοῦ πάντας καὶ ἕνα ἕκαστον ἰδίᾳ.

[5] What, then, do I advise you to do, now that you understand these things, and what opinion do I express upon the present question? Just this: As regards the privileges and concessions which you made to the populace at the time of your reconciliation, however you came to grant them, I advise you to adhere to them as valid and to abrogate none of the concessions you then made, not because they are honourable and worthy of the commonwealth — how could they be? — but because they are necessary and can no longer be remedied. But as to anything beyond this which they may endeavour to extort from you against your will by violence and illegal means, I advise you not to grant or allow it, but to oppose them both by words and by deeds, not only all of you as a body, but each one individually.

[6] οὐ γάρ, ἂν ἅπαξ ἁμάρτῃ τις εἴτ᾽ ἀπατηθεὶς εἴτ᾽ ἀναγκασθείς, καὶ τὰ λοιπὰ ὅμοια δεῖ πράττειν, ἀλλ᾽ ἐκείνου μεμνημένους τἆλλα ὅπως μὴ τοιαῦτα γενήσεται σκοπεῖν. ταῦτα μὲν οὖν ἐστιν, ἃ κοινῇ πάντας ὑμᾶς οἴομαι δεῖν ἐγνωκότας εἶναι, καὶ παρεσκευάσθαι πρὸς τὰς ἀδίκους τοῦ δήμου πλεονεξίας παραινῶ.

[6] For it is not inevitable, if a person has erred once through either deception or necessity, that he should act in like manner in everything else, but mindful of that error, he ought to consider by what means his future conduct may not resemble it. This is the resolution which I think you ought all of you unitedly to have formed, and I advise you to be prepared against the unjust encroachments of the populace.

[1] ὡς δὲ καὶ τοῦτο, περὶ οὗ νυνὶ πρόκειται σκοπεῖν ὅμοιόν ἐστι τοῖς ἄλλοις ἐγχειρήμασιν αὐτοῦ τοῖς ἀδίκοις καὶ παρανόμοις, καὶ οὐχ, οἷον ὁ δήμαρχος ἐξαπατῶν ὑμᾶς ἐπειρᾶτο ἀποφαίνειν, δίκαιον καὶ μέτριον, μάθετε οἱ μήπω σαφῶς εἰδότες. ὁ μὲν οὖν νόμος ὁ περὶ τῶν δικαστηρίων τῶν δημοτικῶν, ᾧ Δέκιος ἐκρατύνατο μάλιστα, οὐ καθ᾽ ὑμῶν ἐγράφη τῶν πατρικίων, ἀλλ᾽ ὑπὲρ ἀσφαλείας τῶν κατισχυομένων δημοτικῶν, ὡς αὐτός τε δηλοῖ γραφὰς ἔχων οὐκ ἀμφιβόλους, καὶ

[52.1] “That this matter, which is the subject of your present consideration, is also of a piece with their other unjust and illegal attempts and not, as the tribune endeavoured to prove in order to deceive you, a just and reasonable request, let those among you now learn who are not yet certain of it. Well then, the law relating to the popular courts, the law upon which Decius relied for his chief support, was not enacted against you patricians, but for the protection of such plebeians as are oppressed, as the law itself, written in unequivocal terms, plainly shows, and as all of you, being perfectly acquainted with it, always declare to be the case.

[2] ὑμεῖς τοῦτο πάντες ἀεὶ λέγετε καλῶς ἐπιστάμενοι. μέγα δὲ τούτου σημεῖόν ἐστιν, ὃ καὶ παντὸς ἀμφισβητουμένου δικαίου κριτήριον εἶναι δοκεῖ κράτιστον, ὁ χρόνος ἐννεακαιδεκέτης ἤδη γεγονώς, ἐξ οὗ ὁ νόμος οὗτος ἐτέθη: ἐν ᾧ παντὶ Δέκιος οὐκ ἂν ἔχοι δεῖξαι δίκην οὐδεμίαν οὔτε δημοσίαν κατ᾽ οὐδενὸς τῶν πατρικίων ἐν τῷ νόμῳ δεδικασμένην, οὔτ᾽ ἰδίαν: εἰ δὲ φήσει, [p. 79]

[2] Strong proof of this is afforded by the length of time it has been in force, which seems to be the best criterion in the case of every disputed principle of law; for nineteen years have now passed since this law was enacted, and during all this time Decius cannot point to a single instance of a trial, either public or private, brought against any patrician in virtue of this law. But if he shall assert that he can, let him produce it and we need no further discussion.

[3] δειξάτω καὶ μηθὲν ἔτι δεόμεθα λόγου. αἱ δ᾽ ὁμολογίαι, καθ᾽ ἃς διελύσασθε πρὸς τοὺς δημότας αἱ νεωστὶ γενόμεναι: χρὴ γὰρ καὶ περὶ τούτων ὑμᾶς μαθεῖν, ἐπειδὴ πονηρὸς ἐξηγητὴς ὁ δήμαρχος αὐτῶν ἐγένετο: δύο ταῦτα συγχωρήματα περιέχουσιν: ἀφεῖσθαι τοὺς δημοτικοὺς τῶν χρεῶν, καὶ τὴν ἀρχὴν τήνδε ἀποδείκνυσθαι καθ᾽ ἕκαστον ἐνιαυτὸν ἐπικουρίας ἕνεκα τῶν κατισχυομένων καὶ κωλύσεως, ἄλλο δὲ παρὰ ταῦτ᾽ οὐδέν.

[3] As to the agreement you recently entered into with the plebeians (for it is necessary that you should be informed about this also, since the tribune has shown himself an unscrupulous interpreter of it), it contains these two concessions — that the plebeians shall be discharged of their debts, and that these magistrates shall be elected annually for the relief of the oppressed and the prevention of injustice toward them; and except these, there is no other provision.

[4] μέγιστον δ᾽ ὑμῖν γενέσθω τεκμήριον, ὅτι οὔθ᾽ ὁ νόμος οὔθ᾽ αἱ συνθῆκαι κατ᾽ ἀνδρὸς πατρικίου δικάζειν τῷ δήμῳ δεδώκασιν ἐξουσίαν, ὃ ποιεῖ νῦν αὐτὸς ὁ δῆμος. αἰτεῖται γὰρ αὐτὸ παρ᾽ ὑμῶν τήμερον, ὡς πρότερόν γ᾽ οὐκ ἔχων: οὐδεὶς δ᾽ ἂν ἀξιώσειέ τι παρ᾽ ἄλλων λαμβάνειν,

[4] But let the greatest indication to you that neither this law nor the compact has given the populace the power of trying a patrician be the present behaviour of the populace themselves. For they ask this power of you today, as not having possessed it hitherto; yet no one would ask to receive from others anything to which he is entitled by law.

[5] ὧν ἐστι νόμῳ κύριος. δίκαιον δὲ φύσεως ἀνομοθέτητον, ὦ βουλή, πῶς ἂν εἴη τοῦτο: καὶ γὰρ τοῦτο Δέκιος ὑμᾶς ᾤετο δεῖν σκοπεῖν: τοῖς μὲν δημόταις, ἅς τ᾽ ἂν φύγωσι δίκας ὑπὸ τῶν πατρικίων καὶ ἃς ἂν ἐκείνους διώκωσι, τὸν δῆμον δικάζειν, τοῖς δὲ πατρικίοις μήθ᾽ ὅταν ἐπάγωσί τινα τῶν δημοτικῶν δίκην μήθ᾽ ὅταν αὐτοὶ κινδυνεύσωσι τοὺς πατρικίους τὰ νείκη διαιτᾶν, ἀλλὰ τούτοις μὲν ἀμφότερα ἐξεῖναι πλεονεκτεῖν,

[5] And how can this, senators, be a natural, unwritten right — for Decius thought you ought to consider this — that the populace shall try all causes in which the plebeians are involved, whether the actions are brought against them by the patricians, or by them against the latter, while patricians, whether plaintiffs or defendants in any suit with the plebeians, shall not decide those controversies, but the plebeians shall be given the advantage in both cases, while we enjoy neither right?

[6] ἡμῖν δ᾽ οὐδετέρου τῶν δικαίων μετέχειν; εἰ [p. 80] δέ τι Μάρκιος ἀδικεῖ τὸν δῆμον, ἢ καὶ ἄλλος τῶν πατρικίων ὁστισοῦν καὶ δίκαιός ἐστιν ἀποθανεῖν ἢ τῆς πόλεως ἐκπεσεῖν, μὴ παρ᾽ αὐτοῖς, ἀλλ᾽ ἐνθάδε κριθεὶς διδότω δίκας, ὥσπερ ἐστὶ νόμιμον. εἰ μὴ ἄρα, ὦ Δέκιε, ὁ μὲν δῆμος ἴσος ἔσται δικαστὴς καὶ οὐθὲν ἂν χαρίσαιτο αὑτῷ πρὸς ἀνδρὸς ἐχθροῦ τὴν ψῆφον ἐπιφέρων: οὗτοι δ᾽ εἰ γένοιντο τῆς ψήφου κύριοι τὸν ἀδικοῦντα περὶ πλείονος ποιήσονται τῆς ἀδικουμένης ὑπ᾽ αὐτοῦ πόλεως, μέλλοντες ἀρὰν καὶ ἐπιορκίαν καὶ μῖσος μὲν παρ᾽ ἀνθρώπων, χόλον δὲ παρὰ θεῶν ἐκ τῆς δίκης ἀποίσεσθαι καὶ μετὰ πονηρῶν ἐλπίδων ζῆν.

[6] But if Marcius or any other patrician whatsoever has injured the people and deserves either death or banishment, let him be punished after being tried, not by them, but here, as the law directs. Unless, forsooth, Decius, the populace will be impartial judges and would not show any favour to themselves when giving their votes concerning an enemy, whereas these senators, if they are empowered to vote in his case, will regard the wrong-doer as of more importance than the commonwealth that suffers from his wrongdoing, when as the result of their verdict they are sure to draw upon themselves a curse, the guilt of perjury, the detestation of mankind, and the anger of the gods, and to go through life haunted by dismal hopes!

[7] οὐκ ἀξιῶ ταῦτα περὶ τῆς βουλῆς ὑμᾶς, ὦ δημόται, σκοπεῖν, ᾗ τιμὰς καὶ ἀρχὰς καὶ τὰ κράτιστα τῶν ἐν τῇ πόλει παραχωρεῖν ὁμολογεῖτε δι᾽ ἀρετήν, καὶ πολλὰς χάριτας εἰδέναι φατὲ τῆς προθυμίας, ἣν ἀπεδείξατο περὶ τὴν κάθοδον ὑμῶν. μάχεται ταῦτ᾽ ἀλλήλοις: καὶ οὐκ ἔχει λόγον, οὓς ἐπαινεῖτε, τούτους φοβεῖσθαι καὶ ἅμα τοῖς αὐτοῖς περὶ μὲν τῶν μειζόνων ἐπιτρέπειν, περὶ δὲ

[7] It is unworthy of you, plebeians, to entertain these suspicions about the senate, to whom you acknowledge that you concede honours, magistracies, and the most important powers in the commonwealth on the basis of merit, and to whom you say you feel very grateful for the zeal they showed for your return. These sentiments are inconsistent with one another; and it is not reasonable that you should fear those you commend and entrust the same persons with the more serious responsibilities while at the same time distrusting them in those of less consequence.

[8] τῶν ἄλλων ἀπιστεῖν. τί δ᾽ οὐχὶ μιᾷ χρώμενοι γνώμῃ ἢ πάντα πιστεύετε αὐτοῖς ἢ περὶ πάντων ἀπιστεῖτε; ἀλλὰ προβουλεῦσαι μὲν αὐτοὺς τὰ δίκαια ἱκανοὺς εἶναι νομίζετε, δικάσαι δὲ περὶ αὐτῶν τούτων ὧν προβουλεύουσιν οὐχ ἱκανούς. πολλὰ καὶ ἄλλα περὶ τῶν δικαίων εἶχον, ὦ βουλή, λέγειν, ἀλλὰ καὶ ταῦθ᾽ ἱκανά.

[8] Why do you not keep to one uniform judgment, either trusting them in everything or distrusting them in everything? But, on the contrary, you think them capable of passing a preliminary decree about principles of right, but not of sitting in judgment concerning these very principles involved in that decree. I had many other things to say concerning the rights of this matter, senators; but let this suffice.

[1] ἐπειδὴ δὲ καὶ περὶ τοῦ συμφέροντος ἐπειρᾶτο λέγειν Δέκιος, ὡς ἀγαθὸν μὲν ὁμόνοια, δεινὸν [p. 81] δὲ στάσις, καὶ θεραπεύοντες μὲν τὸν δῆμον ἐν ὁμονοίᾳ πολιτευσόμεθα, κωλύσαντες δ᾽ οὓς βούλονται τῶν πατρικίων ἀνδρηλατεῖν ἢ μιαιφονεῖν εἰς πόλεμον ἐμφύλιον καταστησόμεθα, πολλὰ λέγειν ἔχων ὀλίγοις πάνυ χρήσομαι.

[53.1] “But since Decius undertook to speak also on the subject of advantage, pointing out how excellent a thing harmony is and how terrible a thing sedition, and that, if we cultivate the populace, we shall live together in harmony, but if we hinder them from banishing whomsoever of the patricians they wish or murdering them, we shall be involved in a civil war, though I have many things to say upon this head, I shall content myself with very few.

[2] πρῶτον μὲν οὖν θαυμάσαι ἔχω Δέκιον τῆς εἰρωνείας: οὐ γὰρ ἠλιθιότητός γε: εἰ κρεῖττον οἴεται τὰ συμφέροντα τῷ κοινῷ φρονεῖν ἑαυτόν, ὃς ἄρτι παρελήλυθεν εἰς πολιτικὰς πράξεις, ἡμῶν τῶν καταγεγηρακότων ἐν αὐταῖς καὶ μεγάλην ἐκ μικρᾶς πεποιηκότων τὴν πόλιν. ἔπειτ᾽ εἰ πείσειν ὑπέλαβεν ὑμᾶς, ὡς χρὴ παραδοῦναί τινα ἔκδοτον ἐπὶ τιμωρίᾳ τοῖς ἐχθροῖς καὶ ταῦτα πολίτην ὑμέτερον καὶ οὐχὶ τῶν ἀφανῶν τινα πολιτῶν ἢ φαύλων, ἀλλ᾽ ὃν αὐτοὶ καὶ τὰ πολέμια λαμπρότατον ἡγεῖσθε εἶναι καὶ τὸν βίον σωφρονέστατον τά τε πολιτικὰ πράττειν οὐθενὸς χείρονα.

[2] And first I have to marvel at the dissimulation — surely it is not lack of sense — of Decius, if he imagines that he is a better judge of the interests of the state, though he has just entered upon the administration of public affairs, than we who have grown old in it and have made the city a great from a small one; and, in the next place, if he supposed that he could persuade you that you had to deliver up any man to his enemies to be punished, particularly a fellow-citizen of yours and one who is not a person of no consequence or merit, but one whom you yourselves look upon as most brilliant in war, most exemplary in his private life, and inferior to none in handling public affairs.

[3] καὶ ταῦτ᾽ ἐτόλμησεν εἰπεῖν εἰδὼς ὑμᾶς πλείστην αἰδῶ ποιουμένους ἱκετῶν, καὶ μηδὲ πολεμίων τοὺς καταφεύγοντας ἐνθάδε ταύτης ἀποκλείοντας τῆς φιλανθρωπίας. εἰ δὲ τἀναντία ἡμᾶς ἐγίγνωσκες ἐπιτηδεύοντας, ὦ Δέκιε, ἀνόσια μὲν φρονοῦντας περὶ θεούς, ἄδικα δὲ πράττοντας πρὸς ἀνθρώπους, τί ἂν ἡμῖν τούτου συνεβούλευες ἔργον ὑπομεῖναι δεινότερον, ἀφ᾽ οὗ πρόρριζοι καὶ πανώλεις, μισηθέντες θεοῖς τε καὶ ἀνθρώποις, διαφθαρησόμεθα;

[3] And these things he has dared to say, though he knows street you show the greatest respect for suppliants and do not exclude them from such humanity even those of your enemies who flee hither for refuge. Indeed, if you knew we practised the very contrary of all this, Decius, entertaining impious ideas about the gods and practising injustice towards men, what deed more dreadful than this could you have advised us to commit, by which we shall incur the hatred of both gods and men and be utterly and totally destroyed?

[4] οὐ δεόμεθά σου συμβούλου, Δέκιε, οὔτε περὶ πολιτῶν ἐκδόσεως οὔτε περὶ ἄλλου χρήματος ὧν ἡμῖν πρακτέον οὐδενός: οὐδὲ ὀθνείᾳ φρονήσει νέων ἀνδρῶν τὰ οἰκεῖα συμφέροντα κρίνειν οἰόμεθα δεῖν οἱ [p. 82] μέχρι τῆσδε τῆς ἡλικίας διὰ πολλῆς πείρας κακῶν τε καὶ ἀγαθῶν ἐληλυθότες. πολέμου δ᾽ ἀπειλάς, αἷς χρώμενοι φοβεῖτε ἡμᾶς, οὐ νῦν πρῶτον ἐπαγομένας ὑφ᾽ ὑμῶν, ἀλλὰ πολλάκις ἤδη καὶ ὑπὸ πολλῶν ἐπανασεισθείσας τῇ συνήθει πρᾳότητι παραδόντες ἀκαταπλήκτως οἴσομεν.

[4] We have no need of your advice, Decius, either about delivering up any of our citizens or about any other business we have to transact. Nor do we believe that, in judging of our own interests, we should use a borrowed wisdom of youths — we who, through long experience of both good and evil fortune, have come to our present age. As for the threats of war with which you endeavour to terrify us — not now employed by you for the first time, but flaunted often in the past by many — leaving them to our habitual mildness to deal with, we shall bear them with intrepidity.

[5] καὶ εἰ δήπερ δράσετε τὰ ὅμοια οἷς λέγετε, ἀμυνούμεθα θεούς τε συναγωνιστὰς ἔχοντες, οἳ νεμεσῶσι τοῖς ἄρχουσι πολέμου ἀδίκου, καὶ ἀνθρώπων ἕξοντες χεῖρα οὐκ ὀλίγην σύμμαχον. Λατῖνοί τε γὰρ ἅπαντες, οἷς νεωστὶ τὴν ἰσοπολιτείαν δεδώκαμεν, σὺν ἡμῖν στήσονται, ὡς περὶ πατρίδος ἤδη τῆς πόλεως τῆσδε ἀγωνιζόμενοι, αἵ τ᾽ ἐνθένδε ἀποικισθεῖσαι πόλεις πολλαὶ καὶ ἀγαθαὶ περὶ παντὸς ποιούμεναι σώζεσθαι τὴν μητρόπολιν ἀμυνοῦσιν αὐτῇ.

[5] And if you indeed try to do anything like what you threaten, we shall defend ourselves with the assistance both of the gods, who are always wroth with the aggressors in an unjust war, and of men, no small number of whom will be our allies. For all the Latins, to whom we lately granted equal rights of citizenship, will be on our side, fighting for this commonwealth as for a country now their fatherland, and the many flourishing cities colonized from Rome, counting it imperative that their mother-city should be saved, will come to her defence.

[6] εἰ δ᾽ εἰς ἀνάγκην ἡμᾶς κατακλείσετε τῆς πανταχόθεν ἐπικουρίας περιέχεσθαι, ὑπομενοῦμεν, ὦ Δέκιε, καὶ θεράποντας εἰς ἐλευθερίαν προκαλούμενοι καὶ πολεμίους εἰς φιλίαν καὶ πάντας ἀνθρώπους εἰς κοινωνίαν τῶν ἐκ τῆς νίκης ἐλπίδων ὁμόσε χωρεῖν ὑμῖν. μηθενὸς δὲ τούτων δεήσειεν, ὦ Ζεῦ καὶ θεοὶ πάντες οἱ πόλιν τὴν Ῥωμαίων κατέχοντες, ἀλλ᾽ εἴη μέχρι λόγων τὰ φοβερὰ ταῦτ᾽ ἐλθεῖν, ἔργον δὲ μηθὲν ἐξ αὐτῶν γένοιτ᾽ ἄχαρι.

[6] And if you reduce us to the necessity of embracing every kind of assistance, Decius, we shall submit to inviting even our slaves to liberty, our enemies to friendship, and all mankind to a share in our hopes of victory, and then join issue with you. But, O Jupiter and all ye gods who guard the Roman state, may there be no occasion for anything of this kind! Rather may these terrible threats go no farther than words and result in no deplorable act!”

[1] ταῦτα μὲν Ἄππιος εἶπεν. Μάνιος δὲ Οὐαλέριος ὁ δημοτικώτατος τῶν ἐκ τοῦ συνεδρίου καὶ περὶ [p. 83] τὰς διαλλαγὰς πλείστην ἀποδειξάμενος προθυμίαν φανερῶς καὶ τότε τῷ δήμῳ συνελάμβανε καὶ λόγον διεξῆλθε μετὰ πολλῆς συγκείμενον φροντίδος, ἐπιτιμῶν μὲν τοῖς οὐκ ἐῶσι μίαν εἶναι τὴν πόλιν, ἀλλὰ διαιροῦσι τὸ δημοτικὸν ἀπὸ τῶν πατρικίων καὶ διὰ μικρὰς προφάσεις πολέμους ἀναζωπυροῦσιν ἐμφυλίους: ἐπαινῶν δὲ τοὺς ἓν τὸ συμφέρον καὶ κοινὸν ἡγουμένους καὶ πάντ᾽ ἐλάττω τῆς ὁμονοίας τιθεμένους, διδάσκων, ὡς, εἰ γένοιτο τῆς δίκης ὁ δῆμος, ὥσπερ ἀξιοῖ, κύριος, καὶ ταύτην παρὰ τοῦ συνεδρίου τὴν χάριν ἑκόντος λάβοι, τάχα μὲν οὐδ᾽ ἐπέξεισιν ἄχρι τέλους, ἀλλ᾽ ἀρκεσθεὶς αὐτῷ τῷ κεκρατηκέναι τοῦ σώματος ἐπιεικέστερον μᾶλλον ἢ χαλεπώτερον αὐτῷ χρήσεται.

[54.1] Thus Appius spoke. Then Manius Valerius, who was the greatest friend to the plebeians of all the senators and had shown the greatest zeal for the accommodation, upon this occasion also openly espoused their cause and delivered a speech, composed with much thought, in which he censured those senators who would not permit the commonwealth to remain united, but sought to divide the plebeians from the patricians and for trifling causes to rekindle the flames of strife. He then commended those who held that there was but one advantage to be considered and that the common advantage, and regarded everything else as secondary to harmony; and he showed them that, if the populace obtained the right to try this man, as they demanded, and received this privilege also with the consent of the senate, possibly they would not even press the prosecution to the end but, satisfied with having got him in their power, would treat him with lenity rather than severity.

[2] εἰ δ᾽ ἄρα ἐκ παντὸς οἰομένων τρόπου τῶν δημάρχων τέλος ἐπιθεῖναι δεῖν νόμιμον τῇ δίκῃ τῆς ψήφου γενήσεται κύριος, ἀπολύσει τὸν ἄνδρα τῆς αἰτίας αἰδούμενος μὲν αὐτὸ τὸ κινδυνεῦον σῶμα, οὗ πολλὰ καὶ καλὰ ἔργα ἔχει μεμνῆσθαι, ἀνταποδιδοὺς δὲ ταύτην τὴν χάριν τῇ παρασχούσῃ τὴν ἐξουσίαν αὐτῷ βουλῇ καὶ πρὸς μηδὲν ἐναντιωθείσῃ

[2] And even if the tribunes should believe it to be necessary by all means to carry the case through to its lawful conclusion and the populace should thus be empowered to give their votes concerning him, they would acquit him of the charge, partly out of respect for the defendant himself, and partly by way of making this return to the senate for the favour it had granted by giving them this power and by opposing them in nothing that was reasonable.

[3] τῶν μετρίων. παρεῖναι μέντοι τῇ δίκῃ συνεβούλευε καὶ συναπολογεῖσθαι τῷ ἀνδρὶ καὶ τὸν δῆμον ἀξιοῦν μηθὲν διαγνῶναι περὶ αὐτοῦ χαλεπὸν τούς θ᾽ ὑπάτους καὶ τοὺς ἐκ τοῦ συνεδρίου πάντας καὶ τοὺς ἄλλους πατρικίους κατὰ πλῆθος ἀφικομένους: συνοίσειν [p. 84] γὰρ οὐ μικρὰ τῷ κινδυνεύοντι καὶ τούτους εἰς σωτηρίας ῥοπήν: καὶ μὴ μόνον αὐτοὺς οὕτως ἔχειν ταῖς γνώμαις, ἀλλὰ καὶ πελάτας ἕκαστον τοὺς αὑτοῦ παρακαλεῖν καὶ φίλους συνάγειν, καὶ εἴ τινας οἰκείως ἔχειν σφίσι τῶν δημοτικῶν δι᾽ εὐεργεσίας ὑπολαμβάνουσι, καὶ τούτους νυνὶ τὴν πρότερον ὀφειλομένην χάριν ἐπὶ

[3] Nevertheless, he advised that not only the consuls, but all the senators and the rest of the patricians as well should be present in a body at the trial and assist Marcius in making his defence and entreat the people to come to no harsh decision concerning him, assure and them that the presence of these men also would contribute not a little toward turning the scales on the side of the defendant’s acquittal’ and he advised that they should not only thus assist him themselves by expressing their views, but that each of them should summon his own clients and assemble his friends, and if they thought that any of the plebeians were attached to them as the result of benefits they had received from them, they should ask these too to show their gratitude for former favours now when they were to give their votes.

[4] τῆς ψηφοφορίας ἀπαιτεῖν. τό τε φιλόχρηστον καὶ μισοπόνηρον οὐκ ὀλίγον ἀπέφηνεν ἐκ τοῦ δήμου μέρος ἐσόμενον, καὶ ἔτι πλεῖον τούτου, ὃ πρὸς τὰς τύχας πάσχειν τι τὰς ἀνθρωπίνας καὶ ἐλεεῖν οἶδε τοὺς ἐν τοῖς ἀξιώμασιν, ὅταν εἰς ταπεινὰ πέσωσιν αὐτῶν αἱ

[4] He showed them also that there would be no small element among the populace which loved the right and hated the wrong, and an even larger number who knew how to sympathize with human misfortunes and to feel compassion for men in position of honour when their fortunes have suffered reverse.

[5] τύχαι. ὁ δὲ πλείων λόγος ἐγίνετο αὐτῷ πρὸς τὸν Μάρκιον παράκλησιν ἔχων νουθετήσει μεμιγμένην καὶ δέησιν ἀνάγκῃ. ἠξίου γὰρ αὐτόν, ἐπεὶ διιστάναι τὸν δῆμον ἀπὸ τῆς βουλῆς αἰτίαν ἔχει καὶ τυραννικὸς εἶναι διαβάλλεται διὰ τὴν αὐθάδειαν τοῦ τρόπου, δέος τε παρέστηκεν ἅπασι, μὴ δι᾽ αὐτὸν ἀρχὴ γένηται στάσεως καὶ κακῶν ἀνηκέστων, ἃ φέρουσιν ἐμφύλιοι πόλεμοι, μὴ ποιεῖν ἀληθεῖς καὶ κυρίας τὰς κατ᾽ αὐτοῦ διαβολὰς μένοντα ἐν τῷ φθονουμένῳ τοῦ βίου, ἀλλὰ σχῆμα ταπεινὸν μεταλαβεῖν καὶ τοῖς ἀδικεῖσθαι λέγουσι τὴν ἐξουσίαν τοῦ σώματος παρασχεῖν, καὶ μὴ φεύγειν ἄδικον ἔγκλημα λόγῳ μετὰ δίκης ἀπολυόμενον.

[5] But the greater part of his speech was addressed to Marcius himself, in which he joined exhortation to admonition, and entreaty to compulsion. For he begged of him, since he was accused of dividing the populace from the senate and also charged with being tyrannical by reason of his arbitrary manner, and since all men were filled with fear that because of him there would spring up sedition and all the irreparable evils which civil wars bring in their train, that he would not make true and valid the accusations against himself by persevering in his invidious way of life, but would change it to an humble deportment, submit his person to the power of those who complained of being injured, and not decline to clear himself by a just defence of an unjust charge.

[6] ταῦτα γὰρ αὐτῷ πρός τε σωτηρίαν ἀσφαλέστατα εἶναι καὶ πρὸς εὐδοξίαν, ἧς ὀρέγεται, λαμπρότατα καὶ τοῖς προυπηργμένοις [p. 85] ἔργοις ἀκόλουθα. εἰ δ᾽ αὐθαδέστερος ἔσται μᾶλλον ἢ μετριώτερος, καὶ τὴν βουλὴν ἀξιώσει πάντα κίνδυνον δι᾽ ἑαυτὸν ὑπομένειν, κακὴν μὲν ἧτταν, αἰσχρὰν δὲ νίκην τοῖς πεισθεῖσι προσάψειν αὐτὸν ἀπέφαινεν: ἦν τ᾽ ἐνταῦθα πολὺς ὀλοφυρόμενος καὶ τῶν καταλαμβανόντων κακῶν τὰς πόλεις ἐν ταῖς διχοστασίαις τὰ μέγιστα καὶ φανερώτατα ἐπιλεγόμενος.

[6] For that course was not only for saving his life the surest, he told him, but also, as regarded the reputation he coveted, the most brilliant, and it was in keeping with the deeds he had already performed; whereas, if he should show himself arrogant rather than moderate and expect the senate to expose themselves to every danger for his sake, he declared that the defeat he might bring to those who had listened to him would be disastrous, while a victory would be disgraceful to them. He then indulged in many lamentations and enumerated the most important and the most obvious evils that befall states in times of dissension.

[1] διεξιὼν δὲ ταῦτα μετὰ πολλῶν δακρύων οὐ προσποιητῶν καὶ πεπλασμένων, ἀλλ᾽ ἀληθινῶν, ἀνὴρ ἡλικίας τε καὶ ἀρετῆς ἀξιώσει προὔχων, ὡς ἔμαθε κινούμενον ἐπὶ τοῖς λεγομένοις τὸ συνέδριον, ἐκ τοῦ τεθαρρηκότος ἤδη τὸ λοιπὸν ἐξύφαινε τῶν λόγων: εἰ δέ τινες ὑμῶν, ὦ βουλευταί, λέγων, ταράττονται δοκοῦντες ἔθος εἰσάγειν πονηρὸν εἰς τὴν πόλιν, ἐὰν τῷ δήμῳ συγχωρήσητε ψῆφον ἐπιφέρειν κατὰ τῶν πατρικίων, καὶ ἐπ᾽ οὐδενὶ ἀγαθῷ νομίζουσι τὴν τῶν δημάρχων ἐξουσίαν πολλὴν ἰσχὺν λαβοῦσαν γενήσεσθαι, μαθέτωσαν ἁμαρτάνοντες τῆς δόξης καὶ τἀναντία ἢ

[55.1] When he had related all these evils with many tears — tears that were not feigned and affected, but genuine — this man who was eminent for the dignity both of his years and of his merits, perceiving that the senate was moved by his words, proceeded then with confidence to deliver the remainder of his speech. “If any of you, senators,” he said, “are disturbed by the thought that you will be introducing a pernicious custom into the commonwealth if you grant the populace the power of giving their votes against the patricians, and entertain an opinion that the tribunician power, if considerably strengthened, will serve no good purpose, let them learn that their opinion is erroneous and their surmise is the opposite of what it should be.

[2] προσῆκεν ὑπειληφότες. εἰ γάρ τι καὶ ἄλλο σωτηρίας αἴτιον ἔσται τῇ πόλει τῇδε καὶ τοῦ μηδέποτε τὴν ἐλευθερίαν μηδὲ τὴν ἰσχὺν ἀφαιρεθῆναι, ὁμονοοῦσαν δ᾽ ἀεὶ καὶ μιᾷ γνώμῃ περὶ πάντων χρωμένην διατελεῖν, ὁ δῆμος αἰτιώτατος ἔσται συμπαραληφθεὶς ἐπὶ τὰ πράγματα: καὶ τὸ μὴ μίαν εἶναι τὴν διοικοῦσαν τὰ κοινὰ πολιτείαν ἄκρατον μήτε μοναρχίαν μήτ᾽ ὀλιγαρχίαν [p. 86] μήτε δημοκρατίαν, ἀλλὰ τὴν μικτὴν ἐξ ἁπασῶν τούτων κατάστασιν, τοῦτο ὑπὲρ ἅπαντα ἡμᾶς ὠφελήσει.

[2] For if anything is going to be the means of preserving this commonwealth and insuring that she shall never be deprived of her liberty or her power, but shall ever continue to be united and harmonious in all respects, the most effective instrument will be the populace if taken as partners in the administration of affairs; and what will benefit us above everything will be, not to have a simple and unmixed form of government administering the state, whether monarchy, oligarchy, or democracy, but a constitution combined out of all of these.

[3] ῥᾷστα γὰρ εἰς ὕβρεις ἀποσκήπτει καὶ παρανομίας τούτων ἕκαστον τῶν πολιτευμάτων αὐτὸ καθ᾽ ἑαυτὸ γινόμενον, ὅταν δ᾽ ἀνακερασθῇ πάντα μετρίως, τὸ παρακινοῦν μέρος αἰεὶ καὶ ἐκβαῖνον ἐκ τοῦ συνήθους κόσμου ὑπὸ τοῦ σωφρονοῦντος καὶ μένοντος ἐν τοῖς ἰδίοις ἤθεσι κατείργεται. μοναρχία μὲν ὠμὴ καὶ αὐθάδης γενηθεῖσα καὶ τυραννικὰ διώκειν ἀρξαμένη ζηλώματα ὑπ᾽ ἀνδρῶν ὀλίγων καὶ ἀγαθῶν καταλύεται.

[3] For each of these forms by itself alone very easily ends in wantonness and lawlessness; but when all of them are duly combined, the element which is inclined at any time to make innovations and to overstep the customary bounds is held in check by the element which is self-restrained and remains true to its own character. Thus monarchy, when it becomes cruel and insolent and begins to pursue tyrannical measures, is overthrown by a few good men.

[4] ὀλιγαρχία δ᾽ ἐκ τῶν ἀρίστων ἀνδρῶν συνεστηκυῖα, ᾗ χρῆσθε καὶ ὑμεῖς νυνί, ὅταν πλούτῳ καὶ ἑταιρίαις ἐπαρθεῖσα δικαιοσύνης καὶ τῆς ἄλλης ἀρετῆς μηθένα ποιῆται λόγον, ὑπὸ δήμου φρονίμου καταλύεται. δῆμος δὲ σωφρονῶν καὶ κατὰ νόμους πολιτευόμενος ὅταν ἀκοσμεῖν ἄρξηται καὶ παρανομεῖν ὑπὸ τοῦ κρατίστου ἀνδρὸς βίᾳ καταληφθεὶς δικαιοῦται.

[4] And an oligarchy composed of the best men, which is your present form of government, when it has become elated by reason of its wealth and its bands of partisans, and pays no regard to justice or to any other virtue, is overthrown by a prudent democracy. And when a democracy that is moderate and governs in accordance with laws begins to be disorderly and lawless, it is taken in hand by the strongest man and set right by force.

[5] ὑμῖν δ᾽, ὦ βουλή, μονάρχου μὲν ἐξουσίας, ἵνα μὴ τυραννὶς γένηται, τὰ δυνατὰ εὕρηται βοηθήματα. δύο τε γὰρ ἀνθ᾽ ἑνὸς ἀποδείξαντες τῆς πόλεως κυρίους καὶ τούτοις οὐκ ἀόριστον χρόνον ἐπιτρέψαντες ἔχειν τὴν ἀρχήν, ἀλλ᾽ ἐνιαύσιον οὐδὲν ἧττον ἀποδείκνυτε φύλακας αὐτῶν τριακοσίους ἄνδρας ἐκ τῶν πατρικίων τοὺς κρατίστους τε καὶ πρεσβυτάτους, ἐξ ὧν ἥδε ἡ βουλὴ συνέστηκεν: ὑμῶν δ᾽ αὐτῶν, ἵνα μένητε [p. 87] ἐν τῷ προσήκοντι κόσμῳ, φυλακὴν οὐδεμίαν ἄχρι τοῦδε φαίνεσθε πεποιημένοι.

[5] You, senators, have devised all the precautions possible to prevent the monarchical power from degenerating into tyranny, for you have invested two men instead of one with the supreme power of the commonwealth, and though you have entrusted this magistracy to them, not for an indefinite time, but only for a year, you nevertheless appoint, to keep watch over them, three hundred patricians, at once the best and the oldest, of whom this senate is composed. But you do not seem as yet to have appointed any to watch over you yourselves, to insure your remaining within proper bounds.

[6] καὶ περὶ μὲν ὑμῶν οὔπω ἔδεισα, μὴ διαφθαρῆτε τὰς διανοίας ὑπό τε μεγέθους καὶ πλήθους ἀγαθῶν, οἳ τυραννίδος τε πολυχρονίου ἠλευθερώκατε τὴν πόλιν ἔναγχος καὶ οὔπω σχολὴν ἐσχήκατε ὑβρίζειν καὶ τρυφᾶν διά τοὺς συνεχεῖς καὶ μακροὺς πολέμους: περὶ δὲ τῶν μεθ᾽ ὑμᾶς ἐσομένων ἐνθυμούμενος ὅσας ὁ μακρὸς αἰὼν φέρει μεταβολὰς δέδοικα, μή τι παρακινήσαντες οἱ δυνατοὶ οἱ ἐκ τοῦ συνεδρίου λάθωσιν εἰς μοναρχίαν τὸ πολίτευμα περιστήσαντες τυραννικήν.

[6] Now as for you, I have no fear so far that you will permit your minds to be corrupted by the magnitude and number of your blessings, since you have only recently delivered the commonwealth from a long tyranny and because of the long and continuous wars have not yet had leisure to grow insolent and wanton. But with regard to your successors, when I consider how great changes the long course of time brings with it, I am afraid that the men of power in the senate may introduce some change and, unnoticed, transform the government into a tyrannical monarchy.

[1] ἐὰν οὖν κοινωνήσητε καὶ τῷ δήμῳ τῶν πολιτευμάτων, οὐθὲν ὑμῖν ἐνθάδε φύσεται κακόν, ἀλλ᾽ ὁ πλέον ἔχειν τῶν ἄλλων ἀξιῶν καὶ τῆς βουλῆς προσεταιρισάμενος τὸν βουλόμενον συννοσεῖν καὶ συναδικεῖν: πάντα γὰρ τὰ εἰκότα χρὴ περὶ πόλεως βουλευομένους προνοεῖν: κληθεὶς ὑπὸ τῶν δημάρχων εἰς τὸ πλῆθος ὁ μέγας ἐκεῖνος καὶ σεμνὸς ἀποδώσει τῷ δήμῳ τῷ φαύλῳ καὶ ταπεινῷ λόγον ὧν πράττει τε καὶ διανοεῖται, κἂν ἀδικῶν φαίνηται δίκης, ἧς ἂν ἄξιος ᾖ, τεύξεται.

[56.1] “If, then, you admit the populace also to a share in the government, no evil will arise for you here. But the man who aims at greater power than the rest of his fellow-citizens and has formed a faction in the senate of all who are willing to share his disaffection and his crimes (for when we are deliberating concerning the commonwealth we ought to foresee every likely contingency), this great and august person, I say, when called upon by the tribunes to appear before the popular assembly, before the lowly and humble people, will have to give an accounting of both his actions and his purpose, and if found guilty, suffer the punishment he deserves.

[2] αὐτὸν δὲ τὸν δῆμον, ἵνα μὴ τρυφᾷ τηλικαύτης ἔξουσίας γενόμενος κύριος, μηδ᾽ ὑπὸ τῶν κακίστων ἐκδημαγωγούμενος τοῖς κρατίστοις πολεμῇ: καὶ γὰρ ἐν ὄχλῳ φιλεῖ γίνεσθαι τυραννίς: φυλάξει τε καὶ οὐδὲν ἐάσει παρανομεῖν ὁ διαφέρων φρονήσει ἀνὴρ δικτάτωρ ὑφ᾽ ὑμῶν αἱρεθείς, ὃς αὐτοκράτορι καὶ ἀνυπευθύνῳ χρώμενος [p. 88] ἐξουσίᾳ τό τε νοσοῦν ἐξελεῖ τῆς πόλεως μέρος, καὶ τὸ μήπω διεφθαρμένον οὐκ ἐάσει κακωθῆναι, ἔθη τε καὶ νόμιμα καὶ ζηλώματα βίων τὰ κράτιστα μεθαρμοσάμενος ἀρχάς τ᾽ ἀποδείξας ἃς ἂν ἡγῆται σωφρονέστατα τῶν κοινῶν ἐπιτροπεύσειν: καὶ ταῦτ᾽ ἐντὸς ἓξ μηνῶν διοικησάμενος ἰδιώτης αὖθις ἔσται τὸ τιμᾶσθαι μόνον ἐκ τούτων λαβών, ἄλλο δ᾽ οὐθέν.

[2] And lest the people themselves, when vested with so great a power, should grow wanton and, seduced by the demagoguery of the worst men, make war upon the best citizens (for it is in the masses as a rule that tyranny springs up), some person of exceptional sagacity, created dictator by you, will guard against this evil and will not allow them to do anything lawless; for, being invested with absolute and irresponsible power, he will cut off the diseased part of the commonwealth and will not permit that which is as yet uninfected to be contaminated; he will reform in the best manner possible the habits, usages and aims of the citizens, and appoint such magistrates as he thinks will govern the south with the greatest prudence; and having effected these things within the space of six months, he will again become a private citizen, receiving no other reward for these actions than the honour.

[3] ταῦτ᾽ οὖν ἐνθυμηθέντες καὶ τὸ σχῆμα τῆς πολιτείας τοῦθ᾽ ἡγησάμενοι κράτιστον εἶναι μηθενὸς ἀπελαύνετε τὸν δῆμον, ἀλλ᾽ ὥσπερ ἀρχὰς ἀποδεικνύναι τὰς καθ᾽ ἕκαστον ἐνιαυτὸν ἡγησομένας τῆς πόλεως, καὶ νόμους τοὺς μὲν ἐπικυροῦν, τοὺς δ᾽ ἀναιρεῖν, καὶ περὶ πολέμου καὶ εἰρήνης διαγιγνώσκειν, ἃ μέγιστα καὶ κυριώτατά ἐστι τῶν ἐν τῇ πόλει διαπραττομένων, μεταδεδώκατε αὐτῷ καὶ οὐθενὸς τούτων αὐτοκράτορα πεποιήκατε τὴν βουλήν: οὕτως καὶ τῶν δικαστηρίων μεταδίδοτε, καὶ μάλισθ᾽ ὑπὲρ ὧν ἄν τις αἰτίαν ἔχῃ τὴν πόλιν ἀδικεῖν στάσιν εἰσάγων ἢ τυραννίδα κατασκευαζόμενος ἢ περὶ προδοσίας τοῖς πολεμίοις διαλεγόμενος ἢ τοιοῦτό τι ἄλλο κακὸν ἐπιχειρῶν πράττειν.

[3] Do you, then, bearing these things in mind, and believing that this is the most perfect form of government, debar the populace from nothing, but, even as you have granted them the right of choosing the magistrates who are to preside each year over the commonwealth, as well as confirming or invalidating laws, of declaring war and making peace — which are the greatest and the most important matters that come up for action in the commonwealth — and have not invested the senate with authority over any one of these matters, in like manner give them also a share in the courts, and particularly in the trials of those who are accused of crimes against the state by raising a sedition or aiming at tyranny or discussing a betrayal of the state with the enemy or attempt us some other mischief of like nature.

[4] ὅσῳ γὰρ ἂν φοβερώτερον κατασκευάσητε τὸ παραβαίνειν τοὺς νόμους καὶ τὰ ἔθη κινεῖν τοῖς ὑβρισταῖς καὶ πλεονέκταις, πολλοὺς ὀφθαλμοὺς καὶ φύλακας αὐτῶν ἀποδείξαντες, τοσούτῳ κρεῖττον ὑμῖν ἕξει τὰ κοινά.

[4] For the more formidable you make it for the overbearing and self-seeking to transgress the laws and to alter your customs, by appointing many eyes to watch and many men to keep guard over them, the better will be the condition of your commonwealth.”

[1] ταῦτα καὶ τὰ παραπλήσια τούτοις εἰπὼν ἐπαύσατο. τῶν δὲ βουλευτῶν οἱ μετ᾽ αὐτὸν ἀνιστάμενοι πλὴν ὀλίγων οἱ λοιποὶ ταύτῃ προσέθεντο τῇ [p. 89] γνώμῃ. καὶ ἐπειδὴ τὸ προβούλευμα ἔδει γράφεσθαι, λόγον αἰτησάμενος ὁ Μάρκιος εἶπεν: οἷος μέν, ὦ βουλή, πρὸς τὰ κοινὰ ἐγὼ γέγονα, καὶ ὡς διὰ τὴν πρὸς ὑμᾶς εὔνοιαν εἰς τοῦτον τὸν κίνδυνον ἐλήλυθα, καὶ ὅτι παρὰ γνώμην ἀπήντηταί μοι τὰ παρ᾽ ὑμῶν, ἅπαντες ἴστε καὶ ἔτι μᾶλλον εἴσεσθε, ὅταν τὰ κατ᾽ ἐμὲ

[57.1] After he had said this and other things to the same purport, he ended. And the rest of the senators who rose up after him, except a few, concurred in his opinion. When the preliminary decree of the senate was to be drawn up, Marcius, asking leave to speak, said: “You all know, senators, how I have acted with regard to the commonwealth, and that it is because of my goodwill toward you that I have come into this danger, and furthermore that your behaviour toward me has been contrary to my expectation; and you will know this even better when the action against me has ended.

[2] σχῇ τέλος. ἐπεὶ δ᾽ ἡ Οὐαλερίου γνώμη νικᾷ, συνενέγκειε μὲν ταῦτα ὑμῖν, καὶ γενοίμην ἐγὼ κακὸς εἰκαστὴς τῶν ἐσομένων. ἵνα δὲ καὶ ὑμεῖς οἱ τὸ προβούλευμα γράφοντες εἰδῆτε ἐφ᾽ οἷς παραδιδόναι με τῷ δήμῳ μέλλετε, κἀγὼ μὴ ἀγνοῶ, περὶ τίνος ἀγωνιοῦμαι, κελεύσατε δὴ τοὺς δημάρχους εἰπεῖν ἐναντίον ὑμῶν, τί τὸ ἀδίκημά ἐστιν, ἐφ᾽ οὗ μέλλουσί μου κατηγορεῖν, καὶ ποταπὸν ὄνομα ἐπιγράψουσι τῇ δίκῃ.

[2] However, since the opinion of Valerius prevails, may these measures prove of advantage to you and may I prove a poor judge of future events. But in order not only that you who are to draw up the decree may know upon what terms you going to deliver me up to the people, but that I also may not fail to know on what charge I am to defend myself, pray order the tribunes to declare in your presence what the crime is of which they intend to accuse me and what title they propose to give to the cause.”

[1] ὁ μὲν δὴ ταῦτ᾽ ἔλεγε δοκῶν ἐπὶ τοῖς λόγοις, οἷς εἶπεν ἐν τῇ βουλῇ, τὴν δίκην ὑφέξειν, καὶ βουλόμενος ὁμολογῆσαι τοὺς δημάρχους, ὅτι ταύτης ἕνεκα τῆς αἰτίας μέλλουσιν αὐτοῦ κατηγορεῖν. οἱ δὲ δήμαρχοι βουλευσάμενοι κατὰ σφᾶς τυραννίδι ἐπιβουλεύειν αὐτὸν ᾐτιάσαντο καὶ πρὸς ταύτην ἐκέλευον ἥκειν τὴν αἰτίαν ἀπολογησόμενον, οὐ βουλόμενοι τὸ ἔγκλημα εἰς μίαν αἰτίαν κατακλεῖσαι καὶ ταύτην οὔτ᾽ ἰσχυρὰν οὔτε τῇ βουλῇ κεχαρισμένην, ἀλλ᾽ ἑαυτοῖς τε πράττοντες ἐξουσίαν ὅσα βούλονται ἐγκαλεῖν, καὶ βοήθειαν ἀφαιρήσεσθαι τοῦ Μαρκίου τὴν ἐκ τῶν συνέδρων οἰόμενοι. καὶ ὁ Μάρκιος εἶπεν: ἀλλ᾽ ἤτοι, εἰ ἐπὶ ταύτῃ γε κριθήσομαι τῇ διαβολῇ, δίδωμι ἐμαυτὸν ὑπόδικον τοῖς [p. 90] δημόταις, καὶ μηδὲν ἔστω τὸ κωλῦον γράφεσθαι τὸ

[58.1] He said this in the belief that he was to be tried for the words he had spoken in the senate, and also from a desire that the tribunes should acknowledge that they intend to accuse him on this charge. But the tribunes, after consulting together, charged him with aiming at tyranny and ordered him to come prepared to make his defence against that charge. For they were unwilling to confine their accusation to a single point, and that neither a strong one in itself nor acceptable to the senate, but were scheming to obtain for themselves the authority to bring any charges they wished against Marcius, and were expecting to deprive him of the assistance of the senators. Thereupon Marcius said: “Very well, if this is the charge on which I am to be tried, I submit myself to the judgment of the plebeians; and let there be nothing to prevent the drawing up of the preliminary decree.”

[2] προβούλευμα. ἐγένετο δὲ καὶ τοῖς πλείστοις τῶν συνέδρων ἀσμένοις ἐπὶ τούτῳ γενέσθαι τῷ ἐγκλήματι τὴν δίκην κατ᾽ ἀμφότερα, καὶ ὅτι οὐκ ἔσται τὸ λέγειν ἃ φρονεῖ τις ἐν τοῖς συνέδροις ὑπαίτιον, καὶ ὅτι ῥᾳδίως ἀπολύσεται τὴν διαβολὴν ὁ ἀνὴρ βίον ἐζηκὼς σώφρονα καὶ ἀνεπίληπτον.

[2] The greater part of the senators too were well pleased that he was to be tried upon this charge, for two reasons — first, that to speak one’s mind freely in the senate was not going to render one liable to an accounting, and second, that Marcius, who had led a modest and irreproachable life, would easily clear himself of that accusation.

[3] γράφεται τὸ προβούλευμα μετὰ ταῦθ᾽ ὑπὲρ τῆς δίκης, καὶ χρόνος εἰς παρασκευὴν τῆς ἀπολογίας ὁρίζεται τῷ ἀνδρὶ μέχρι τῆς τρίτης ἀγορᾶς: αἱ δ᾽ ἀγοραὶ Ῥωμαίοις ἐγίνοντο ὡς καὶ μέχρι τῶν καθ᾽ ἡμᾶς χρόνων δι᾽ ἡμέρας ἐνάτης. ἐν δὲ ταύταις συνιόντες ἐκ τῶν ἀγρῶν εἰς τὴν πόλιν οἱ δημοτικοὶ τάς τ᾽ ἀμείψεις ἐποιοῦντο τῶν ὠνίων καὶ τὰς δίκας παρ᾽ ἀλλήλων ἐλάμβανον, τά τε κοινά, ὅσων ἦσαν κύριοι κατὰ τοὺς νόμους καὶ ὅσα ἡ βουλὴ ἐπιτρέψειεν αὐτοῖς,ψῆφον ἀναλαμβάνοντες ἐπεκύρουν: τὰς δὲ μεταξὺ τῶν ἀγορῶν ἑπτὰ ἡμέρας αὐτουργοί τ᾽ ὄντες οἱ

[3] After this the preliminary decree for the trial was drawn up and Marcius was given time till the third market-day to prepare his defence. The Romans had markets then, as now, every eighth day, upon which days the plebeians resorted to the city from the country and exchanged their produce for the goods they bought, settled their grievances in court, and ratified by their votes such matters of public business as either et laws assigned or the senate referred to them for decision; and as the greater part of them were small farmers and poor, they passed in the country the seven days intervening between the markets.

[4] πολλοὶ καὶ πένητες ἐν τοῖς ἀγροῖς διέτριβον. ἐπειδὴ δὲ τὸ προβούλευμα ἔλαβον οἱ δήμαρχοι, προελθόντες εἰς τὴν ἀγορὰν συνεκάλεσαν εἰς ἐκκλησίαν τὸν δῆμον καὶ πολλὰ ἐγκώμια τῆς βουλῆς διελθόντες καὶ τὰ δόγματα αὐτῆς ἀναγνόντες προεῖπον ἡμέραν, ἐν ᾗ τὴν δίκην ἔμελλον ἐπιτελεῖν, εἰς ἣν ἅπαντες ἠξίουν ἥκειν τοὺς πολίτας ὡς ὑπὲρ τῶν μεγίστων διαγνωσομένους.

[4] As soon, therefore, as the tribunes received the preliminary decree they went of the Forum, and calling the people together, gave great praise to the senate, and then, after reading the decree, appointed a day for holding the trial, at which they asked all the citizens to be present, as matters of the greatest moment were to be decided by them.

[1] ὡς δὲ διεβοήθη ταῦτα, πολλὴ σπουδὴ καὶ παράταξις ἐγίνετο τῶν τε δημοτικῶν καὶ τῶν πατρικίων: τῶν μὲν ὡς τιμωρησομένων τὸν αὐθαδέστατον, [p. 91] τῶν δ᾽ ἵνα μὴ γένοιτο ὑποχείριος τοῖς ἐχθροῖς ὡς ὑπὲρ τῆς ἀριστοκρατίας ἀγωνιζόμενος. ἐδόκει δὲ πᾶσα κινδυνεύεσθαι ἡ τοῦ βίου καὶ τῆς ἐλευθερίας δικαίωσις ἐν τῷ τότε ἀγῶνι ἀμφοτέροις. ἐπιστάσης δὲ τῆς τρίτης ἀγορᾶς ὁ μὲν ἐκ τῶν ἀγρῶν ὄχλος, ὅσος οὔπω πρότερον, συνεληλυθὼς εἰς τὴν πόλιν ἕωθεν εὐθὺς κατεῖχε τὴν ἀγοράν: οἱ δὲ δήμαρχοι συνεκάλουν τὸ πλῆθος ἐπὶ τὴν φυλέτιν ἐκκλησίαν, χωρία τῆς ἀγορᾶς περισχοινίσαντες, ἐν οἷς ἔμελλον αἱ φυλαὶ στήσεσθαι καθ᾽ αὑτάς.

[59.1] When news of this was spread abroad, there was great enthusiasm and marshalling of both the plebeian and the patricians, the former feeling that they were about to avenge themselves upon the most arrogant of all men, and the latter striving earnestly to save the champion of the aristocracy from falling into the hands of his enemies; and to both parties it seemed that their whole claim to life and liberty was at stake in this trial. When the third market-day arrived, such a crowd of people from the country as had never before been known had come together in the city and held possession of the Forum from the very break of day. The tribunes then summoned the populace to the tribal assembly, first having roped off portions of the Forum in which the tribes were to take their places separately.

[2] καὶ τότε πρῶτον ἐγένετο Ῥωμαίοις ἐκκλησία κατ᾽ ἀνδρὸς ψηφοφόρος ἡ φυλετικὴ πολλὰ δὲ ἐναντιουμένων τῶν πατρικίων, ἵνα μὴ τοῦτο γένηται, καὶ τὴν λοχῖτιν ἀξιούντων συνάγειν ἐκκλησίαν, ὥσπερ αὐτοῖς πάτριον ἦν. ἐν γὰρ τοῖς πρότερον χρόνοις, ὅτε μέλλοι ψῆφον ἐπιφέρειν ὁ δῆμος ὑπὲρ ὁτουδήτινος ὧν ἐπιτρέψειεν ἡ βουλή, ἐκάλουν μὲν οἱ ὕπατοι τὴν λοχῖτιν ἐκκλησίαν, ἱερὰ πρότερον ἐπιτελέσαντες, ἃ νόμος αὐτοῖς ἐστι, καὶ μέχρι τοῦ καθ᾽ ἡμᾶς χρόνου τινὰ ἐξ αὐτῶν ἔτι γίνεται.

[2] And this was the first time the Romans ever met in their trial assembly to give their votes against a man, the patricians very violently opposing it and demanding that the centuriate assembly should be convened, as was their time-honoured custom. For in earlier times, whenever the people were to give their votes upon any point referred to them by the senate, the consuls had summoned the centuriate assembly, after first offering up the sacrifices required by law, some of which are still performed down to our time.

[3] συνῄει δὲ τὸ πλῆθος εἰς τὸ πρὸ τῆς πόλεως Ἄρειον πεδίον ὑπό τε λοχαγοῖς καὶ σημείοις τεταγμένον ὥσπερ ἐν πολέμῳ, ἐπέφερον δὲ τὴν ψῆφον οὐχ ἅπαντες ἀναλαβόντες, ἀλλὰ κατὰ τοὺς ἰδίους ἕκαστοι λόχους, ὁπότε κληθεῖεν ὑπὸ τῶν ὑπάτων. ὄντων δὲ τῶν συμπάντων τριῶν καὶ ἐνενήκοντα καὶ ἑκατὸν [p. 92] λόχων καὶ τούτων εἰς ἓξ διῃρημένων συμμορίας πρώτη μὲν ἐκαλεῖτο συμμορία καὶ τὴν ψῆφον ἐπέφερεν ἡ τῶν ἐχόντων τὸ μέγιστον τίμημα τῆς οὐσίας καὶ τὴν πρώτην λαμβανόντων τάξιν ἐν πολέμοις: ἐν οἷς ἦσαν ἱππέων μὲν ὀκτωκαίδεκα λόχοι, πεζῶν δ᾽ ὀγδοήκοντα.

[3] The populace was wont to assemble in the field of Mars before the city, drawn up under their centurions and their standards as in war. They did not give their votes all at the same time, but each by their respective centuries, when these were called upon by the consuls. And there being in all one hundred and ninety-three centuries, and these distributed into six classes, that class was first called and gave its vote which consisted of those citizens who had the highest property rating and who stood in the foremost rank in battle; in this were comprised eighteen centuries of horse and eighty of foot.

[4] δευτέρα δ᾽ ἐψηφοφόρει συμμορία τῶν ὑποδεεστέρων τοῖς βίοις καὶ τὴν ὑποβεβηκυῖαν τάξιν ἐν ταῖς μάχαις μαχομένων καὶ ὁπλισμὸν οὐ τὸν αὐτὸν ἐχόντων τοῖς πρωτοστάταις, ἀλλ᾽ ἐλάττονα: τοῦτο δὲ τὸ πλῆθος εἰς εἴκοσι λόχους συντεταγμένον ἦν, προσέκειντο δ᾽ αὐτοῖς δύο ἶλαι τεκτόνων καὶ χαλκοτύπων καὶ ὅσοι ἄλλοι πολεμικῶν ἔργων ἦσαν χειροτέχναι. οἱ δ᾽ ἐν τῇ τρίτῃ συμμορίᾳ καλούμενοι λόχους μὲν ἐξεπλήρουν εἴκοσι, τίμημα δ᾽ εἶχον ἔλαττον τῶν δευτέρων καὶ τάξιν τὴν ἐπ᾽ ἐκείνοις ἐλάττονα, καὶ ὅπλα οὐκ ἴσα τοῖς πρὸ

[4] The class that voted in the second place was composed of those of smaller fortunes who occupied an inferior position in battle and had not the same armour as the front-line fighters, but less; this multitude formed twenty centuries, and to them were added two centuries of carpenters, armourers and other artificers employed in making engines of war. Those who were called to vote in the third class made up twenty centuries; they had a lower rating than those of the second class and were posted behind them, and the arms they carried were not equal to those of the men in front of them.

[5] αὐτῶν ἔφερον. οἱ δὲ μετὰ τούτους καλούμενοι τίμημά τ᾽ οὐσίας ἔλαττον εἶχον καὶ τάξιν ἐν πολέμῳ τὴν ἀσφαλεστέραν ἐλάμβανον καὶ ὁπλισμὸν εὐσταλέστερον εἶχον: διῄρηντο δ᾽ εἰς εἴκοσι καὶ οὗτοι λόχους: συνετάττοντο δὲ καὶ τούτοις δύο λόχοι βυκανιστῶν καὶ σαλπιστῶν. πέμπτη δ᾽ ἐκαλεῖτο συμμορία τῶν ὀλίγου πάνυ τετιμημένων ἀργυρίου, ὅπλα δ᾽ ἦν αὐτῶν σαυνία καὶ σφενδόναι: οὗτοι τάξιν οὐκ εἶχον ἐν φάλαγγι, ἀλλὰ ψιλοὶ καὶ κοῦφοι συνεστρατεύοντο τοῖς ὁπλίταις εἰς τριάκοντα λόχους διῃρημένοι.

[5] Those next called had a still lower property rating and had a safer post in battle and their armour was lighter; these also were divided into twenty centuries, and arrayed with them were two centuries of horn-blowers and trumpeters. The class which was called in the fifth place consisted of those whose property was rated very low, and their arms were javelins and slings; these had no fixed place in the battle-line, but being light-armed men and mobile, they attended the heavy-armed men and were distributed into thirty centuries.

[6] οἱ δ᾽ ἀπορώτατοι τῶν πολιτῶν οὐκ [p. 93] ἐλάττους τῶν ἄλλων ἁπάντων ὄντες ἔσχατοι τὴν ψῆφον ἀνελάμβανον, ἕνα μόνον ἔχοντες λόχον: οὗτοι στρατειῶν τ᾽ ἦσαν ἐλεύθεροι τῶν ἐκ καταλόγου καὶ εἰσφορῶν τῶν κατὰ τιμήματα γινομένων ἀτελεῖς καὶ δι᾽

[6] The poorest of the citizens, who were not less numerous than all the rest, voted last and made but one century; they were exempt from the military levies and from the war-taxes paid by the rest of the citizens in proportion to their ratings, and for both these reasons were given the least honour in voting.

[7] ἄμφω ταῦτ᾽ ἐν ταῖς ψηφοφορίαις ἀτιμότατοι. εἰ μὲν οὖν ἐπὶ τῶν πρώτων λόχων, οὓς οἵ θ᾽ ἱππεῖς ἐξεπλήρουν καὶ τῶν πεζῶν οἱ τὴν πρώτην τάξιν ἐν τοῖς πολέμοις λαμβάνοντες, ταὐτὸ φρονήσαιεν ἑπτὰ καὶ ἐνενήκοντα λόχοι, τέλος εἶχεν ἡ ψηφοφορία, καὶ οὐκέτι τοῖς λοιποῖς ἓξ καὶ ἐνενήκοντα λόχοις ἀνεδίδοτο ἡ ψῆφος: εἰ δὲ μὴ τοῦτο γένοιτο, ἡ δευτέρα συμμορία τῶν δύο καὶ εἴκοσι λόχων ἐκαλεῖτο, καὶ ἡ τρίτη: καὶ τοῦτο συνέβαινεν, ἕως οὗ ταὐτὸ φρονήσωσιν ἑπτὰ καὶ ἐνενήκοντα λόχοι.

[7] If, therefore, in the case of the first centuries, which consisted of the horse and of such of the foot as stood in the foremost rank in battle, ninety-seven centuries were of the same opinion, the voting was at an end and the remaining ninety-six centuries were not called upon to give their votes. But if this was not the case, the second class, composed of twenty-two centuries, was called, and then the third and so on till ninety-seven centuries were of the same opinion. Generally the points in dispute were determined by the classes first summoned, so that it was then needless to take those of the later classes.

[8] καὶ τὰ μὲν πολλὰ τῶν ἀγωνισμάτων ἐπὶ τῶν πρώτων κλήσεων τέλος ἐλάμβανεν, ὥστε μηδὲν ἔτι δεῖν τῶν ἐσχάτων. σπανίως δέ που πρᾶγμα οὕτως ἐνδοιαζόμενον ἐνέπιπτεν, ὥστε μέχρι τῆς ἐσχάτης ψήφου τῆς τῶν ἀπορωτάτων προελθεῖν: καὶ ἦν ὥσπερ τέρας τοῦτο σχισθέντων δίχα τῶν προτέρων δύο καὶ ἐνενήκοντα καὶ ἑκατὸν λόχων τὴν τελευταίαν ψῆφον ἐπενεχθεῖσαν ἐκείναις αἰτίαν γενέσθαι τῆς ἐπὶ θάτερα ῥοπῆς.

[8] It seldom happened that a matter was so doubtful that the voting went on till the last class was reached, consisting of the poorest citizens; and it was in the nature of a miracle when, in consequence of the first hundred and ninety-two centuries being equally divided, the addition of this last vote to the rest turned the scale one way or the other.

[9] οἱ μὲν οὖν συναγωνιζόμενοι Μαρκίῳ ταύτην ἠξίουν καλεῖν τὴν ἀπὸ τῶν τιμημάτων ἐκκλησίαν ὑπολαμβάνοντες τάχα μὲν ἐπὶ τῆς πρώτης κλήσεως ὑπὸ τῶν ὀκτὼ καὶ ἐνενήκοντα λόχων ἀπολυθήσεσθαι τὸν [p. 94] ἄνδρα, εἰ δὲ μή γ᾽ ὑπὸ τῆς δευτέρας ἢ τρίτης. οἱ δὲ δήμαρχοι ταῦθ᾽ ὑφορώμενοι καὶ αὐτοὶ τὴν φυλετικὴν ἐκκλησίαν ᾤοντο δεῖν συνάγειν καὶ τοῦ ἀγῶνος ἐκείνην ποιῆσαι κυρίαν, ἵνα μήθ᾽ οἱ πένητες τῶν πλουσίων μειονεκτῶσι μήθ᾽ οἱ ψιλοὶ τῶν ὁπλιτῶν ἀτιμοτέραν χώραν ἔχωσι, μήτ᾽ ἀπερριμμένον εἰς τὰς ἐσχάτας κλήσεις τὸ δημοτικὸν πλῆθος ἀποκλείηται τῶν ἴσων, ἰσόψηφοι δὲ καὶ ὁμότιμοι πάντες ἀλλήλοις γενόμενοι μιᾷ κλήσει τὴν ψῆφον ἐπενέγκωσι κατὰ φυλάς.

[9] The supporters of Marcius, accordingly, demanded that this assembly based on the census should be called, expecting that he might perhaps be acquitted by the first class with its ninety-eight centuries, or, if not, at least by the second or third class. On the other hand, the tribunes, who also suspected this outcome, thought they ought to call the tribal assembly and to empower it to decide this cause, to the end that neither the poor might be at a disadvantage as compared with the rich nor the light-armed men have a less honourable station than the heavy-armed, nor the mass of plebeians, by being relegated to the last calls, be excluded from equal rights with the others, but that all the citizens might be equal to one another in their votes and equal in honour, and at one might give their votes by tribes.

[10] καὶ ἐδόκουν δικαιότερα οὗτοι τῶν ἑτέρων ἀξιοῦν δημοτικὸν οἰόμενοι δεῖν, ἀλλ᾽ οὐκ ὀλιγαρχικὸν εἶναι τὸ τοῦ δήμου δικαστήριον, καὶ τὴν περὶ τῶν ἀδικούντων τὸ κοινὸν διάγνωσιν ἁπάντων εἶναι κοινήν.

[10] The claim of the tribunes seemed to be more just than that of the patricians in that they thought the tribunal of the people ought to be a popular, not an oligarchic, tribunal, and that the cognizance of crimes committed against the commonwealth ought to be common to all.

[1] συγχωρηθέντος δ᾽ αὐτοῖς καὶ τούτου μόγις ὑπὸ τῶν πατρικίων, ἐπειδὴ τὴν δίκην ἐχρῆν λέγεσθαι, πρῶτος ἀνέβη Μηνύκιος, ἅτερος τῶν ὑπάτων, καὶ ἔλεξεν οὓς ἐπέστειλεν αὐτῷ λόγους ἡ βουλή: πρῶτον μὲν ἁπάσας τὰς εὐεργεσίας ὑπομιμνήσκων, ὅσας ἦν εἰληφὼς ὁ δῆμος παρὰ τῶν πατρικίων, ἔπειτ᾽ ἀξιῶν ἀντὶ πολλῶν καὶ καλῶν ἔργων μίαν ἀποδοθῆναι παρὰ τοῦ δήμου δεομένοις σφίσιν ἀναγκαίαν χάριν ἐπὶ τῷ κοινῷ

[60.1] The tribunes having with difficulty gained this point also from the patricians, when it was time for the trial to be held, Minucius, one of the consuls, rose first and spoke as the senate had directed him. First he reminded the populace of all the benefits they had received from the patricians; and next he asked that in return for so many good offices they should grant at their request one necessary favour in the interest of the public welfare.

[2] τῆς πόλεως ἀγαθῷ. πρὸς δὲ τούτοις ἐπαινῶν μὲν ὁμόνοιαν καὶ εἰρήνην, καὶ ὅσης εὐδαιμονίας ἑκάτερον τούτων αἴτιόν ἐστι ταῖς πόλεσιν ἐπιλεγόμενος, κατηγορῶν [p. 95] δὲ διχοστασίας καὶ πολέμων ἐμφυλίων, ἐξ ὧν πόλεις αὐτάνδρους ἀπέφαινεν ἀνῃρῆσθαι καὶ ἔθνη ὅλα διολωλέναι: παρακαλῶν δὲ μὴ τὰ χείρω αἱρεῖσθαι πρὸ τῶν κρειττόνων ὀργῇ ἐπιτρέψαντας, ἀλλ᾽ ἐκ λογισμοῦ σώφρονος τὰ μέλλοντα ὁρᾶν, μηδὲ τοῖς κακίστοις τῶν πολιτῶν χρῆσθαι συμβούλοις περὶ τῶν μεγίστων βουλευομένους, ἀλλὰ τοῖς κρατίστοις σφίσιν εἶναι δοκοῦσιν, ὑφ᾽ ὧν ᾔδεσαν ἐν εἰρήνῃ τε καὶ κατὰ πολέμους πολλὰ ὠφελημένην τὴν πατρίδα, οἷς οὐκ ἂν δικαιώσωσιν ὡς μεταβεβλημένοις τὴν φύσιν ἀπιστεῖν.

[2] In addition to this, he praised harmony and peace, told of the great good fortune which each of them brings to states, and inveighed against discord and civil wars, by which, he told them, many cities had been destroyed with all their inhabitants and whole nations had perished utterly. He exhorted them not to indulge their resentment so far as to prefer worse counsels to better, but with sober reason to contemplate future events, nor, again, to take the worst of their fellow-citizens for their advisers when deliberating concerning matters of the greatest importance, but rather those they esteemed the best, men from whom they knew their country had received many benefits in both peace and war and whom you would not have any reason to distrust, as if they had changed their natures.

[3] ἓν δὲ κεφάλαιον ἦν ἁπάντων τῶν λόγων, μηδεμίαν αὐτοὺς ἐπενεγκεῖν κατὰ τοῦ Μαρκίου ψῆφον, ἀλλὰ μάλιστα μὲν δι᾽ αὐτὸν ἀφεῖναι τῆς δίκης τὸν ἄνδρα ἀναμιμνησκομένους, οἷος εἰς τὰ κοινὰ ἐγένετο καὶ ὅσους κατώρθωσεν ὑπὲρ τῆς κοινῆς ἐλευθερίας τε καὶ ἡγεμονίας πολέμους, καὶ ὡς οὔτε ὅσια οὔτε δίκαια οὔτε προσήκοντα σφίσι ποιήσουσι, λόγων μὲν αὐτῷ μνησικακοῦντες φαύλων, ἔργων δ᾽

[3] But the sum and substance of his whole discourse was to persuade them to pass no vote against Marcius, but preferably to acquit him for his own sake, remembering what sort of man he had proved himself toward the commonwealth and how many battles he had won in fighting for both its liberty and its supremacy, and that they would be acting in neither a pious nor a just manner nor in a way worthy of themselves, if they held a grudge against him for his objectionable words, while feeling no gratitude for his splendid deeds.

[4] ἀχαριστοῦντες καλῶν. εἶναι δὲ καὶ τὸν καιρὸν τῆς ἀφέσεως καλόν, ὅτε γ᾽ αὐτὸς ἥκει παρέχων τὸ σῶμα τοῖς διαφόροις καὶ στέρξων, ὅ τι ἂν ἐκεῖνοι περὶ αὐτοῦ διαγνῶσιν. εἰ δ᾽ οὐχ οἷοί τέ εἰσι διαλύσασθαι πρὸς ἐκεῖνον, ἀλλὰ χαλεπῶς καὶ ἀπαραιτήτως ἔχουσιν, ἐνθυμηθέντας, ὅτι ἡ βουλὴ δεησομένη περὶ αὐτοῦ πάρεισιν, ἄνδρες οἱ κράτιστοι τῆς πόλεως τριακόσιοι, παθεῖν τι καὶ ἐπικλασθῆναι τὰς γνώμας, καὶ μὴ δι᾽ ἑνὸς ἐχθροῦ τιμωρίαν τοσούτων δέησιν ἀπώσασθαι φίλων, ἀλλὰ [p. 96] πολλῶν καὶ ἀγαθῶν ἀνδρῶν χάριτι δίκην ἀνδρὸς ἑνὸς ὑπεριδεῖν. ταῦτα καὶ παραπλήσια τούτοις εἰπὼν τελευταῖον ἐκεῖνον ἐπέθηκε τὸν λόγον, ὅτι ψήφου μὲν ἐπαχθείσης, ἐὰν ἀπολύσωσι τὸν ἄνδρα, διὰ τὸ μηδὲν ἀδικεῖσθαι τὸν δῆμον ὑπ᾽ αὐτοῦ δόξουσιν ἀφεικέναι:

[4] The present occasion, too, he told them, was a splendid one for acquitting him, when he had come in person to surrender himself to his adversaries and was ready to acquiesce in whatever they should decide concerning him. If, however, they were unable to become reconciled to him, but were harsh and inexorable, he asked them to bear in mind that the senate, consisting of three hundred men who were the best in the city, was present to intercede for him, and begged them to feel some compassion and to soften their hearts, and not for the sake of punishing one enemy to reject the intercession of so many friends, but rather as a favour to many good men to disregard the prosecution of one man.

[5] ἐὰν δὲ κωλύσωσιν ἐπιτελεσθῆναι τὴν δίκην τοῖς δεομένοις ὑπὲρ αὐτοῦ φανήσονται κεχαρισμένοι.

[5] Having said this and other things to the same purport, he ended his speech with this suggestion, that if they acquitted the man by taking a vote, they would seem to have freed him because he had done the people any wrong, whereas, if they prevented the trial from being completed, they would appear to have done so as a favour to those who interceded in his behalf.

[1] παυσαμένου δὲ τοῦ Μηνυκίου παρελθὼν ὁ δήμαρχος Σικίννιος οὔτ᾽ αὐτὸς ἔφη προδώσειν τὴν ἐλευθερίαν τῶν δημοτῶν οὔτε τοῖς προδιδοῦσιν ἐπιτρέψειν ἑκών, ἀλλ᾽ εἰ τῷ ὄντι παρέχουσιν οἱ πατρίκιοι τὸν ἄνδρα ἐπὶ δίκην τοῖς δημοτικοῖς, ἀναδώσειν περὶ αὐτοῦ ψῆφον, ἄλλο δὲ ποιήσειν παρὰ ταῦτ᾽ οὐδέν.

[61.1] When Minucius had done speaking, Sicinius the tribune came forward and said that he would neither betray the liberty of the plebeians himself nor willingly permit others to betray it, but if the patricians really consented that the man should be tried by the plebeians, he would take their votes and do nothing more.

[2] μετὰ ταῦτα παρελθὼν ὁ Μηνύκιος εἶπεν: ἐπειδὴ πάντως, ὦ δήμαρχοι, ψῆφον ἐπενεχθῆναι περὶ τοῦ ἀνδρὸς προθυμεῖσθε, μηθὲν ἔξω τοῦ ἐγκλήματος κατηγορεῖτε: ἀλλ᾽ ἐπειδὴ τυραννίδι αὐτὸν ἐπιχειρεῖν εἰσηγγείλατε, τοῦτο διδάσκετε καὶ περὶ τούτου τὰς πίστεις φέρετε. λόγων δ᾽, ὧν αὐτὸν αἰτιᾶσθε κατὰ τοῦ δήμου πρὸς τὴν βουλὴν εἰπεῖν, μήτε μέμνησθε μήτε κατηγορεῖτε. ἀφεῖσθαι γὰρ αὐτὸν ἐψηφίσατο ταύτης τῆς αἰτίας τὸ συνέδριον, καὶ ἐπὶ ῥητοῖς ἥκειν εἰς τὸν δῆμον ἐδικαίωσε.

[2] After this Minucius came forward and said: “Since you are eager, tribunes, that a vote shall be taken by all means concerning this man, let not your accusations go beyond the formal charge, but, as you have alleged that he aims at tyranny, show this and bring your evidence to prove it. But neither mention nor charge him with the words you accuse him of having spoken in the senate against the people. For the senate has voted to acquit him of this accusation and has thought proper that he should appear before the people upon specific charges.” And he thereupon read out the preliminary decree.

[3] καὶ μετὰ τοῦτ᾽ ἀνέγνω τὸ προβούλευμα. ὁ μὲν δὴ ταῦτ᾽ εἰπών τε καὶ ἐπιμαρτυράμενος κατέβη. τῶν δὲ δημάρχων πρῶτος μὲν διέθετο τὴν κατηγορίαν Σικίννιος [p. 97] ἐκ πολλῆς ἐπιμελείας καὶ παρασκευῆς, πάνθ᾽ ὅσα πράττων ἢ λέγων ὁ ἀνὴρ κατὰ τοῦ δήμου διετέλεσεν εἰς κατασκευὴν τυραννίδος ἀναφέρων: ἔπειτα μετ᾽ ἐκεῖνον οἱ δυνατώτατοι τῶν δημάρχων εἰπεῖν.

[3] Having said this and adjured them to adhere to it, he descended from the tribunal. Sicinius was the first of the tribunes to set forth the charge, which he did in a very studied and elaborate speech, attributing everything the man had continued to say or do against the people to a design to set up tyranny. Then, after him, the most influential of the tribunes spoke.

[1] ὡς δὲ παρέλαβεν ὁ Μάρκιος τὸν λόγον, ἀρξάμενος ἄνωθεν ἀπὸ τῆς πρώτης ἡλικίας διῆλθεν, ὅσας ἐστρατευμένος ἦν ὑπὲρ τῆς πόλεως στρατείας, καὶ ὅσους εἰληφὼς ἐπινικίους παρὰ τῶν στρατηγῶν στεφάνους πολεμίων τε τοὺς ληφθέντας αἰχμαλώτους ὑπ᾽ αὐτοῦ καὶ πολιτῶν τοὺς διασωθέντας ἐν τοῖς ἀγῶσι: καὶ παρ᾽ ἕκαστον τῶν λεγομένων τά τ᾽ ἀριστεῖα ἐπεδείκνυτο καὶ τοὺς στρατηγοὺς μάρτυρας παρείχετο καὶ τῶν πολιτῶν τοὺς διασωθέντας ἐξ ὀνόματος ἐκάλει.

[62.1] When Marcius was given an opportunity to speak, he began from his earliest youth and enumerated all the campaigns he had made in the service of the commonwealth, the crowns he had received from the generals as rewards of victory, the foes he had taken captive and the citizens he had saved in battle; and in each instance that he mentioned he displayed his rewards, cited the generals as witnesses, and called by name upon the citizens whom he had saved.

[2] οἱ δὲ παρῄεσαν ὀλοφυρόμενοι καὶ δεόμενοι τῶν πολιτῶν, μὴ τὸν αἴτιον σφίσι τῆς σωτηρίας ὡς πολέμιον ἀπολέσαι, μίαν τ᾽ ἀντὶ πολλῶν ψυχὴν αἰτούμενοι καὶ παραδιδόντες ἑαυτοὺς ἀντ᾽ ἐκείνου χρῆσθαι, ὅ τι βούλονται. ἦσαν δ᾽ οἱ πλείους αὐτῶν ἐκ τοῦ δημοτικοῦ γένους καὶ πολλὰ τῷ κοινῷ χρήσιμοι: ὧν τάς τ᾽ ὄψεις καὶ τὰς δεήσεις δι᾽ αἰσχύνης ὁ δῆμος λαμβάνων εἰς οἴκτους καὶ δάκρυα ἐτράπετο.

[2] These came forward with lamentations and entreated their fellow-citizens not to destroy as an enemy the man to whom they owed their preservation, begging one life in return for many and offering themselves in his stead to be treated by them as they thought fit. The greater part of them were plebeians and men extremely useful to the commonwealth; and their countenances and their entreaties roused such a sense of shame in the people that they were moved to pity and tears.

[3] ὡς δὲ καὶ τὴν ἐσθῆτα ὁ Μάρκιος περιρρηξάμενος ἐπεδείξατο τὰ στέρνα τραυμάτων μεστὰ καὶ πᾶν τὸ ἄλλο μέρος τοῦ σώματος ἀνάπλεων τῶν πληγῶν, καὶ ἐπύθετο, εἰ τῶν αὐτῶν ἀνθρώπων ἔργα εἶναι νομίζουσι σώζειν μὲν ἐκ τῶν πολέμων τοὺς πολίτας, ἀπολλύναι δὲ τοὺς σωθέντας ἐν εἰρήνῃ: καὶ εἰ τυραννίδα κατασκευαζόμενός τις τὸ δημοτικὸν ἐλαύνει μέρος ἐκ πόλεως, ὑφ᾽ οὗ μάλιστ᾽ [p. 98] αὔξεταί τε καὶ τρέφεται τυραννίς: ἔτι δ᾽ αὐτοῦ λέγοντος ὅσον μὲν ἦν τοῦ δημοτικοῦ μέρους ἐπιεικὲς καὶ φιλόχρηστον ἀπολύειν ἐβόα τὸν ἄνδρα, καὶ δι᾽ αἰσχύνης ἐλάμβανεν, εἰ καὶ δίκην ὑπεῖχε τὴν ἀρχὴν περὶ τοιαύτης αἰτίας ἀνὴρ τοσαυτάκις ὑπεριδὼν τῆς ἑαυτοῦ ψυχῆς ἕνεκα τῆς ἁπάντων φυλακῆς.

[3] Then Marcius, rending his garments, showed his breast full of wounds and every other part of his body covered with scars, and asked them if they thought that to save one’s fellow-citizens in war and to destroy in time of peace those thus saved were actions of the same kind of person, and if anyone who is endeavouring to set up a tyranny ever expels from the state the common people, by whom tyranny is chiefly abetted and nourished. While he was yet speaking, those of the plebeians who were fair-minded and lovers of the right cried out to acquit him, and were ashamed that a man who had so often scorned his own life to preserve them all was even being brought to trial in the first place upon such a charge.

[4] ὅσοι δ᾽ ἦσαν φύσει βάσκανοι καὶ μισόχρηστοι καὶ πρὸς πᾶσαν εὐκίνητοι στάσιν, ἤχθοντο μὲν ἀπολύειν τὸν ἄνδρα μέλλοντες, οὐκ εἶχον δ᾽, ὅ τι ἂν ἄλλο ποιῶσι διὰ τὸ μηδεμίαν εὑρίσκειν ἀφορμὴν τυραννίδος ἐπιθέσεως φαινομένην, ὑπὲρ ἧς τὰς ψήφους ἀνειλήφεσαν.

[4] Those, however, who were by nature malevolent, enemies of the right, and easy to be led into any kind of sedition were sorry they were going to have to acquit him, but felt that they could not do otherwise, since they could find no evidence of his having aimed at tyranny, which was the point upon which they had been called to give their votes.

[1] τοῦτο καταμαθὼν ὁ Δέκιος ἐκεῖνος, ὁ καὶ τοὺς ἐν τῇ βουλῇ ποιησάμενος λόγους καὶ τὸ προβούλευμα περὶ τῆς δίκης γραφῆναι παρασκευάσας, ἀνέστη καὶ σιωπὴν γενέσθαι κελεύσας ἔλεξεν: ἐπειδή, ὦ δημόται, τῶν ἐν τῇ βουλῇ λεχθέντων ὑπὸ Μαρκίου λόγων, καὶ τῶν διὰ τούτους ἀκολουθησάντων ἔργων βιαίων τε καὶ ὑπερηφάνων ἀπολύουσιν αὐτὸν οἱ πατρίκιοι καὶ οὐδ᾽ ἡμῖν ἐπιτρέπουσι κατηγορεῖν, ἀκούσατε, οἷον ὑμῖν ἔργον ἕτερον ἔξω τῶν λόγων ὁ γενναῖος οὗτος ἀνὴρ τυγχάνει διαπεπραγμένος, ὡς αὔθαδες καὶ τυραννικόν, καὶ οἷον ὑμῶν κατέλυσε νόμον αὐτὸς ἰδιώτης ὢν μάθετε.

[63.1] when this had been observed by Decius, the one who had spoken in the senate and prevailed on them to pass the decree for the trial, he rose up, and having commanded silence, said: “Since, plebeians, the patricians acquit Marcius of the words he spoke in the senate and of the violent and overbearing deeds that followed because of them, and do not permit us, either, to accuse him, hear what other deed, quite apart from words, this honourable man has been guilty of toward you, how insolent and tyrannical a deed, and learn what law of yours he, though a private citizen, has broken.

[2] ἴστε δήπου πάντες, ὅτι τὰ ἐκ τῶν πολέμων λάφυρα, ὅσων ἂν ἡμῖν ὑπάρχῃ τυχεῖν δι᾽ ἀρετήν, δημόσια εἶναι κελεύει ὁ νόμος, καὶ τούτων οὐχ ὅπως τις ἰδιώτης γίνεται κύριος, ἀλλ᾽ οὐδ᾽ αὐτὸς ὁ τῆς [p. 99] δυνάμεως ἡγεμών: ὁ δὲ ταμίας αὐτὰ παραλαβὼν ἀπεμπολᾷ καὶ εἰς τὸ δημόσιον ἀναφέρει τὰ χρήματα: καὶ τοῦτον τὸν νόμον, ἐξ οὗ τήνδε οἰκοῦμεν τὴν πόλιν, οὐχ ὅπως κατέλυσέ τις, ἀλλ᾽ οὐδ᾽ ᾐτιάσατο μὴ οὐχὶ καλῶς ἔχειν: ἀλλ᾽ οὗτος ὁ Μάρκιος πρῶτος καὶ μόνος ὑπεριδὼν αὐτοῦ κειμένου καὶ κυρίου ὄντος ἠξίωσε σφετερίσασθαι τὰ κοινὰ ἡμῶν, ὦ δημόται, λάφυρα, πέρυσι καὶ οὐ πάλαι.

[2] You all know, of course, that the law ordains that all the spoils we are able to take from the enemy by our valour shall belong to the public and that not only no private citizen has the disposition of them, but not even the general of our forces himself; but the quaestor, taking them over, sells them and turns the proceeds over to the public treasury. And this law, during all the time our city has been inhabited, not only has been violated by no one, but has not even been criticized as being a bad law. But Marcius here is there is and only man who, in contempt of this law while it stood and was valid, has thought fit, plebeians, to appropriate to himself the spoils which belong to us in common; and this was only last year, not long ago.

[3] ποιησαμένων γὰρ ὑμῶν καταδρομὴν τῆς Ἀντιατῶν γῆς καὶ πολλὰ μὲν σώματα, πολλὰ δὲ βοσκήματα, πολὺν δὲ σῖτον, πολλὰ δ᾽ ἄλλα χρήματα περιβαλομένων οὔτε τῷ ταμίᾳ ταῦτ᾽ ἀπέδειξεν οὔτ᾽ αὐτὸς ἀποδόμενος εἰς τὸ δημόσιον ἀνήνεγκε τὸ ἀργύριον, ἀλλὰ διένειμε καὶ κατεχαρίσατο τοῖς ἑαυτοῦ φίλοις ἅπασαν τὴν λείαν: τοῦτο δὴ τυραννίδος τεκμήριον εἶναι φημὶ τὸ ἔργον: πῶς γὰρ οὔ; ὃς τοὺς ἑαυτοῦ κόλακάς τε καὶ σωματοφύλακας καὶ τῆς μελλούσης τυραννίδος συνεργοὺς ἐκ τῶν δημοσίων εὐηργέτει χρημάτων:

[3] For when you made an incursion into the territory of the Antiates and captured many prisoners, many cattle, and a great quantity of corn, together with many other effects, he neither reported these to the quaestor nor sold them himself and turned the proceeds over to the public treasury, but distributed and gave as a present to his own friends the entire booty. This action, now, I aver to be a proof of his aiming at tyranny. What else could it be, when he used the public funds to gratify his flatterers, his bodyguards, and the accomplices in the tyranny he meditated? And this I maintain to be an open violation of the law.

[4] καὶ νόμου κατάλυσιν εἶναι φανερὰν ταύτην λέγω. δυεῖν δὴ θάτερον ἀποφηνάτω παρελθὼν Μάρκιος, ἢ ὡς οὐ διένειμε τὰ λάφυρα τοῖς ἑαυτοῦ φίλοις, ἃ ἔλαβεν ἐκ τῆς πολεμίας, ἢ ὡς ταῦτα ποιῶν οὐ καταλύει τοὺς νόμους: ὧν οὐδέτερον ἕξει πρὸς ὑμᾶς εἰπεῖν. αὐτοὶ γὰρ ἀμφότερα ἴστε, καὶ τὸν νόμον καὶ τὸ ἔργον, καὶ οὐκ ἔνεσθ᾽ ὑμῖν ἀποψηφισαμένοις αὐτοῦ τὰ δίκαια καὶ [p. 100] τὰ εὔορκα δοκεῖν ἐγνωκέναι. ἐάσας δὴ τοὺς στεφάνους καὶ τὰ ἀριστεῖα καὶ τὰ τραύματα καὶ τὴν ἄλλην τερατείαν πρὸς ταῦτα λέγε, ὦ Μάρκιε: παραδίδωμι γὰρ ἤδη σοὶ τὸν λόγον.

[4] Let Marcius, then, come forward and show one of two things — either that he did not distribute among his friends the spoils he took from the enemy’s country, or that in doing so he is not violating the laws. But neither of these things will he be able to say to you. For you yourselves are acquainted with both matters — with the law and with what he did. And if you acquit him, your decision cannot possibly be regarded as in accordance with justice and your oaths. Say naught, then, about your crowns, your rewards of valour, your wounds, and all the rest of that claptrap, and answer to these points, Marcius: for now I yield the floor to you.”

[1] τοῦτο τὸ κατηγόρημα πολλὴν ἐποίησε τὴν ἐπὶ θάτερα μεταβολήν. οἱ μὲν γὰρ ἐπιεικέστεροί τε καὶ σπουδάζοντες ὑπὲρ ἀφέσεως τοῦ ἀνδρὸς μαλακώτεροι τούτων ἀκούσαντες ἐγένοντο, τὸ δὲ κακόηθες ἅπαν, ὃ τοῦ δήμου πλεῖστον μέρος ἦν, ἐκ παντὸς ἀπολέσαι τὸν ἄνδρα δήπου προθυμούμενον, ἔτι μᾶλλον εἰς ταῦτ᾽ ἐπερρώσθη μεγάλης ἀφορμῆς καὶ φανερᾶς

[64.1] This accusation caused a great shift in sentiment to the other side. For those who were more reasonable and were zealously working for the acquittal of Marcius, upon hearing these things, grew less confident, and all the malevolent, who constituted the larger part of the Potomac and were of course eager to destroy him at all costs, were still more encouraged in their purpose now that they had got hold of an important and clear ground for their attack.

[2] λαβόμενον. ἦν γὰρ ἀληθὴς ἡ τῶν λαφύρων διάδοσις, οὐ μὴν ἐκ προαιρέσεώς γε πονηρᾶς καὶ ἐπὶ κατασκευῇ τυραννίδος, ὡς ὁ Δέκιος ᾐτιᾶτο, γενομένη, ἀλλ᾽ ἀπὸ παντὸς τοῦ βελτίστου καὶ ἐπανορθώσεως ἕνεκα τῶν κατεχόντων τὰ κοινὰ κακῶν. στασιάζοντος γὰρ ἔτι καὶ διεστηκότος ἀπὸ τῶν πατρικίων τοῦ πλήθους τότε καταφρονήσαντες οἱ πολέμιοι καταδρομὰς τῆς χώρας ἐποιοῦντο καὶ λεηλασίας συνεχεῖς: καὶ ὁπότε δόξειε τῇ βουλῇ τὴν κωλύσουσαν ταῦτα δύναμιν ἐξελθεῖν, οὐδεὶς ἐξῄει τῶν δημοτῶν, ἀλλ᾽ ἐπέχαιρόν τε καὶ περιεώρων τὰ γινόμενα: ἡ δὲ τῶν πατρικίων χεὶρ οὐκ ἦν καθ᾽

[2] For the distribution of the spoils was a fact, though it had been made without any evil intent and not for the setting up of a tyranny, as Decius charged, but from only the best of motives and for the correction of the evils that beset the commonwealth. For as the sedition still continued at that time and the populace was then divided from the patricians, their enemies, despising them, made raids into their country and plundered it without intermission; and whenever the senate decided to send out an army to stop these raids, none of the plebeians would serve in it, but rejoiced at what was happening and permitted it to continue; and the force of the patricians alone was inadequate.

[3] ἑαυτὴν ἀξιόμαχος. τοῦτο καταμαθὼν ὁ Μάρκιος ὑπέσχετο τοῖς ὑπάτοις, ἐὰν ἐπιτρέψωσιν αὐτῷ τὴν ἡγεμονίαν, στρατιὰν ἄξειν ἑκούσιον ἐπὶ τοὺς πολεμίους καὶ δίκην λήψεσθαι παρ᾽ αὐτῶν ἐν τάχει. λαβὼν δὲ τὴν ἐξουσίαν συνεκάλει τούς τε πελάτας καὶ τοὺς φίλους [p. 101] καὶ τῶν ἄλλων πολιτῶν οἷς ἦν βουλομένοις ἀπολαῦσαί τι τῆς τοῦ στρατηγοῦ τύχης κατὰ τὰ πολέμια καὶ ἀρετῆς. ὡς δ᾽ αὐτῷ χεὶρ ἀξιόμαχος ἐδόκει συνεληλυθέναι, προῆγεν ἐπὶ τοὺς πολεμίους οὐθέν πω προειδότας.

[3] Marcius, observing this, promised the consuls that he would march against the enemy with an army of volunteers if they would give him the command of it, and would soon take revenge on them; and having received authority to do so, he called together his clients and friends and such of the citizens as wished to share in the advantages expected from the general’s good fortune in war and his valour. When he thought an adequate force had assembled, he led them against the enemy, who had no previous knowledge of his purpose.

[4] ἐμβαλὼν δ᾽ εἰς χώραν πολλῶν ἀγαθῶν μεστὴν γενόμενος ἀφθόνου λείας κύριος ἐφῆκε τοῖς στρατιώταις ἅπαντα τὰ ληφθέντα διανείμασθαι, ἵν᾽ οἱ μὲν συναράμενοι τοῦ ἔργου τὸν τῶν πόνων καρπὸν κομισάμενοι προθύμως ἐπὶ τὰς ἄλλας στρατείας ἀπαντῶσιν: οἱ δ᾽ ἀποκνήσαντες ἐνθυμηθέντες, ὅσων ἀγαθῶν αὐτοῖς ἐξὸν μεταλαβεῖν, διὰ τὸ στασιάζειν ἀπεκωλύθησαν εἰς τὰς λοιπὰς ἐξόδους γένωνται φρονιμώτεροι.

[4] And making an incursion into their country, which was well stocked with many good things, and capturing a vast amount of booty, he permitted his soldiers to divide up all the spoils among themselves, to the end that both those who had assisted him in this expedition, by receiving the fruit of their labours, might cheerfully engage in the service upon other occasions, and the others who had declined it, considering all the benefits they had lost through their sedition, when they might have shared in them, might act with greater prudence in the case of future expeditions.

[5] διάνοια μὲν τοῦ ἀνδρὸς ἥδε ἐγένετο περὶ τὸ ἔργον: χόλῳ δ᾽ ὑπούλῳ καὶ φθόνῳ δυσμενῶν αὐτὴ καθ᾽ αὑτὴν ἡ πρᾶξις ἐξεταζομένη δημαγωγία τις ἐφαίνετο εἶναι καὶ δεκασμὸς τυραννικός. ὥστε βοῆς καὶ θορύβου πᾶσα ἦν ἀνάπλεως ἡ ἀγορά, καὶ οὔθ᾽ ὁ Μάρκιος πρὸς ταῦτ᾽ εἶχεν, ὅ τι ἀπολογήσαιτο, οὔθ᾽ ὁ ὕπατος οὔτ᾽ ἄλλος οὐδείς, οἷα δὴ παραδόξου καὶ ἀπροσδοκήτου φανείσης ἐπὶ σφίσι τῆς αἰτίας.

[5] Such was the intention of Marcius in this affair; but to the festering anger and envy of enemies the action, when considered by itself, appeared a kind of flattery of the people and a bribery tending toward tyranny. As a result the whole Forum was full of clamour and tumult and neither Marcius himself nor the consul nor anyone else had any answer to make to the charge, so incredible and unexpected did it appear to them.

[6] ἐπειδὴ δ᾽ οὐδεὶς οὐκέτι ἀπελογεῖτο, ἀνέδωκαν οἱ δήμαρχοι τὴν ψῆφον ταῖς φυλαῖς τίμημα ἐπιγράψαντες τῇ δίκῃ φυγὴν ἀίδιον, κατὰ δέος, οἶμαι, τοῦ μὴ ἂν ἁλῶναι τὸν ἄνδρα θανάτου αὐτῷ τιμησάντων. ὡς δ᾽ ἐπεψήφισαν ἅπαντες, [p. 102] διαριθμουμένων τῶν ψήφων οὐ μέγα τὸ διάλλαγμα ἐφάνη. μιᾶς γὰρ καὶ εἴκοσι τότε φυλῶν οὐσῶν, οἷς ἡ ψῆφος ἀνεδόθη, τὰς ἀπολυούσας φυλὰς ἔσχεν ὁ Μάρκιος ἐννέα: ὥστ᾽ εἰ δύο προσῆλθον αὐτῷ φυλαί, διὰ τὴν ἰσοψηφίαν ἀπελέλυτ᾽ ἄν, ὥσπερ ὁ νόμος ἠξίου.

[6] When nothing further was said in his defence, the tribunes called upon the tribes to cast their votes, and fixed perpetual banishment as the penalty in the case. This, I suspect, was due to their fear that he could not be convicted if death were set as the penalty. After they had all voted and the votes were counted, the difference was found to be slight. For out of the twenty-one tribes that were then in existence and gave their votes Marcius had nine in favour of his acquittal; so that if two more tribes had joined his side, he would have been acquitted as the result of the equal division of the votes, as the law prescribed.

[1] αὕτη πρώτη κατ᾽ ἀνδρὸς πατρικίου πρόσκλησις εἰς τὸν δῆμον ἐγένετο ἐπὶ δίκῃ. καὶ ἀπ᾽ ἐκείνου τοῦ χρόνου τοῖς ὕστερον λαμβάνουσι τὴν τοῦ δήμου προστασίαν ἔθος κατέστη καλεῖν οὓς δόξειε τῶν πολιτῶν δίκην ὑφέξοντας ἐπὶ τοῦ δήμου: καὶ ἐνθένδε ἀρξάμενος ὁ δῆμος ἤρθη μέγας, ἡ δ᾽ ἀριστοκρατία πολλὰ τοῦ ἀρχαίου ἀξιώματος ἀπέβαλε βουλῆς τε μετέχειν ἐπιτρέπουσα τοῖς δημοτικοῖς καὶ ἀρχὰς μετιέναι συγχωροῦσα ἱερῶν τε προστασίας λαμβάνειν οὐ κωλύουσα καὶ ὅσα ἄλλα τιμιώτατα ἦν καὶ ἴδια τῶν πατρικίων μόνων ἅπασι κοινωσαμένη, τὰ μὲν ὑπ᾽ ἀνάγκης τε καὶ ἄκουσα, τὰ δ᾽ ἐκ προνοίας τε καὶ σοφίας, ὑπὲρ ὧν κατὰ τὸν οἰκεῖον καιρὸν ἐρῶ.

[65] This was the first summoning of a patrician before the tribunal of the plebeians; and from this time it became customary for those who afterwards assumed the patronship of the people to summon to stand trial before the people any of the citizens they thought fit. From this beginning the people rose to great power, while the aristocracy lost much of its ancient dignity by admitting the plebeians into the senate and allowing them to stand as candidates for magistracies, by not opposing their presiding over sacrifices, and by sharing with all the citizens the other privileges that were most highly prized and had been the special prerogatives of the patricians, some of which concessions they made because of necessity and against their will, and others through foresight and wisdom; but of these matters I shall speak at the proper time.

[2] τοῦτο μέντοι τὸ ἔθος, λέγω δὲ τὸ καλεῖσθαι τοὺς ἐν τῇ πόλει δυναστεύοντας ἐπὶ δίκην, ἧς ὁ δῆμος ἐγίνετο κύριος, πολλὰς ἂν παράσχοι λόγων ἀφορμὰς τοῖς ἐπαινεῖν αὐτὸ βουλομένοις ἢ ψέγειν. πολλοὶ μὲν γὰρ ἤδη καλοὶ καὶ ἀγαθοὶ ἄνδρες οὐκ ἄξια τῆς ἀρετῆς ἔπαθον, αἰσχρῶς καὶ κακῶς τὰς ψυχὰς ὑπὸ τῶν δημάρχων ἀφαιρεθέντες: πολλοὶ δ᾽ αὐθάδεις καὶ τυραννικοὶ τοὺς τρόπους λόγον [p. 103] ἀναγκασθέντες ὑποσχεῖν τοῦ βίου καὶ τῶν ἐπιτηδευμάτων δίκας τὰς προσηκούσας ἔδοσαν.

[2] However, this custom of summoning the men of power at Rome to a trial where the populace were always in control, would afford rich material for comment to those who are disposed either to commend or to blame it. For many good and worthy men have already been treated in a manner unworthy of their merits and have been put to a shameful and miserable death at the instigation of the tribunes, while many men of arrogant and tyrannical dispositions, being compelled to give an accounting of their lives and conduct, have suffered the punishment they deserved.

[3] ὁπότε μὲν οὖν ἀπὸ τοῦ κρατίστου γένοιντο αἱ διαγνώσεις, καὶ καθαιρεθείη τὰ τῶν μεγάλων αὐχήματα σὺν δίκῃ, μέγα τι καὶ θαυμαστὸν ἐφαίνετο εἶναι χρῆμα καὶ ὑπὸ πάντων ἐπῃνεῖτο, ὁπότε δ᾽ ἀρετὴ φθονηθεῖσα ἀνδρὸς τὰ κοινὰ εὖ διοικοῦντος ἀδίκως ἀναιρεθείη, δεινόν τι τοῖς ἄλλοις κατεφαίνετο, καὶ οἱ τοῦ ἔθους ἄρξαντες κατηγοροῦντο. πολλάκις τε βουλευσάμενοι οἱ Ῥωμαῖοι, πότερα χρὴ καταλῦσαι αὐτὸ ἢ φυλάττειν, οἷον παρὰ τῶν προγόνων παρέλαβον, οὐθὲν ἐπέθηκαν τῇ βουλῇ πέρας.

[3] Whenever these verdicts were rendered with the best motives and the pride of the mighty was justly humbled, this institution appeared a great and admirable thing, and met with general praise, but when a virtuous and able statesman incurred hatred and was unjustly done away with, the rest of the world was shocked at the institution and the authors of it were condemned. The Romans have often deliberated whether they should repeal this institution or preserve it as they received it from their ancestors, but have never come to any final decision.

[4] εἰ δὲ δεῖ καὶ αὐτὸν ἀποφήνασθαι περὶ τηλικούτων πραγμάτων γνώμην, ἐμοὶ δοκεῖ τὸ μὲν ἔθος αὐτὸ καθ᾽ ἑαυτὸ ἐξεταζόμενον χρήσιμον εἶναι καὶ πόλει τῇ Ῥωμαίων ἀναγκαιότατον, κρεῖττον δὲ καὶ χεῖρον γίνεσθαι παρὰ τοὺς τῶν δημάρχων τρόπους. ὅταν μὲν γὰρ τύχωσι τῆς ἐξουσίας ταύτης ἄνδρες δίκαιοι καὶ σώφρονες καὶ τὰ κοινὰ ἀναγκαιότερα τῶν ἰδίων τιθέμενοι, ὁ μὲν ἀδικῶν τὰ κοινὰ τιμωρίαν δούς, ἣν προσῆκε, πολὺ δέος τοῖς ὅμοια παρεσκευασμένοις δρᾶν ἐνειργάσατο, ὁ δ᾽ ἀγαθὸς καὶ ἀπὸ τοῦ κρατίστου πρὸς τὰ κοινὰ παριὼν οὔτε δίκην ἀσχήμονα ὑπέσχεν οὔτ᾽ εἰς αἰτίας ἀλλοτρίους τῶν ἐπιτηδευμάτων κατέστη.

[4] If I am to express an opinion myself concerning matters of so great moment, I believe that the institution, considered by itself, is advantageous, and absolutely necessary to the Roman commonwealth, but that it becomes better or worse according to the character of the tribunes. For when this power falls into the hands of just and prudent men, who prefer the interest of the public to their own, the punishing as he deserves of one who has injured his country strikes terror into the minds of all who are prepared to mankind similar offences, while the good man who enters public life with the best intentions neither incurs the disgrace of being brother to trial nor is accused of wrongdoing inconsistent with his habits.

[5] ὅταν δὲ πονηροὶ καὶ ἀκόλαστοι καὶ φιλοκερδεῖς ἄνθρωποι τηλικαύτης ἐξουσίας τύχωσι, τἀναντία τούτων γίνεται. ὥστ᾽ οὐ τὸ ἔθος ἐπανορθοῦσθαι προσῆκεν ὡς ἡμαρτημένον, ἀλλὰ σκοπεῖν, ὅπως ἄνδρες καλοὶ καὶ ἀγαθοὶ τοῦ δήμου [p. 104] γενήσονται προστάται καὶ μὴ τοῖς τυχοῦσι τὰ μέγιστα εἰκῆ ἐπιτραπήσεται.

[5] But when wicked, intemperate and avaricious men gain so great power, the contrary of all this happens. Hence, instead of reforming the institution as faulty, they ought to consider by what means good and worthy men may become protectors of the people, and positions of the greatest importance may not be conferred at random on the first who chance to turn up.

[1] ἡ μὲν δὴ πρώτη Ῥωμαίοις ἐμπεσοῦσα μετὰ τὴν ἐκβολὴν τῶν βασιλέων στάσις ἔσχε τοιαύτας αἰτίας καὶ εἰς τοῦτο κατέσκηψε τὸ τέλος: ἐμήκυνα δὲ τὸν ὑπὲρ αὐτῶν λόγον τοῦ μή τινα θαυμάσαι, πῶς ὑπέμειναν οἱ πατρίκιοι τηλικαύτης ἐξουσίας ποιῆσαι τὸν δῆμον κύριον, οὔτε σφαγῆς τῶν ἀρίστων ἀνδρῶν γενομένης οὔτε φυγῆς, οἷον ἐν ἄλλαις πολλαῖς ἐγένετο πόλεσι. ποθεῖ γὰρ ἕκαστος ἐπὶ τοῖς παραδόξοις ἀκούσμασι τὴν αἰτίαν μαθεῖν καὶ τὸ πιστὸν ἐν ταύτῃ τίθεται μόνῃ.

[66.1] Such were the causes and such was the outcome of the first sedition that arose among the Romans after the expulsion of the kings. I have related these at length, to the end that no one may wonder how the patricians ever consented to entrust the populace with so great power, when there had been no slaying or banishing of the best citizens, as has happened in many other states. For everyone, upon hearing of extraordinary events, desires to know the cause that produced them and considers that alone as the test of their credibility.

[2] ἐλογιζόμην οὖν, ὅτι μοι πολλοῦ καὶ τοῦ παντὸς δεήσει πιστὸς εἶναι ὁ λόγος, εἰ τοσοῦτον ἔφην μόνον, ὅτι παρῆκαν οἱ πατρίκιοι τοῖς δημοτικοῖς τὴν ἑαυτῶν δυναστείαν, καὶ ἐξὸν αὐτοῖς ἐν ἀριστοκρατίᾳ πολιτεύεσθαι τὸν δῆμον ἐποίησαν τῶν μεγίστων κύριον, δι᾽ ἃς δὲ συνεχωρήθη ταῦτ᾽ αἰτίας παρέλιπον: διὰ τοῦτ᾽ ἐπεξῆλθον ἁπάσας.

[2] I reflected, accordingly, that my account of this affair would gain little or no credit if I contented myself with saying that the patricians resigned their power to the plebeians and that, though they might have continued to live under an aristocracy, they put the populace in control of the most important matters, and if I left out the motives for their making these concessions; and for this reason I have related them all.

[3] καὶ ἐπειδὴ οὐχ ὅπλοις ἀλλήλους βιασάμενοι καὶ προσαναγκάσαντες, ἀλλὰ λόγοις πείσαντες μεθήρμοσαν, παντὸς μάλιστ᾽ ἀναγκαῖον ἡγησάμην εἶναι τοὺς λόγους αὐτῶν διεξελθεῖν, οἷς τότ᾽ οἱ δυναστεύσαντες ἐν ἑκατέροις ἐχρήσαντο. θαυμάσαιμι δ᾽ ἄν, εἴ τινες τὰς ἐν τοῖς πολέμοις πράξεις ἀκριβῶς οἴονται δεῖν ἀναγράφειν, καὶ περὶ μίαν ἔστιν ὅτε μάχην πολλοὺς ἀναλίσκουσι λόγους, τόπων τε φύσεις καὶ ὁπλισμῶν ἰδιότητας καὶ τάξεων τρόπους καὶ στρατηγῶν παρακλήσεις καὶ τἆλλα διεξιόντες ὅσα τῆς νίκης αἴτια [p. 105] τοῖς ἑτέροις ἐγένετο: πολιτικὰς δὲ κινήσεις καὶ στάσεις ἀναγράφοντες οὐκ οἴονται δεῖν ἀπαγγέλλειν τοὺς λόγους, δἰ ὧν αἱ παράδοξοι καὶ θαυμασταὶ πράξεις ἐπετελέσθησαν.