[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 εἰπὼ
ν 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 ἀν
ὴρ 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.
Delphi Complete Works of Dionysius of Halicarnassus (Illustrated) (Delphi Ancient Classics Book 79) Page 597
