[32.1] “These are the weighty considerations of justice — at least we so regard them — which we put forward in order to persuade you to make no mistakes; but as for our benefits and kindly services, which we shall mention, not from any desire to reproach you, but wishing to make you more reasonable, — apart from those of former times there are the recent ones in connection with your return, — we desire to forget them, though you have just reason to remember them; [2] but we are under the necessity of citing them at this time, asking that, for the many great favours we have bestowed upon you at your request, you will grant us this one on your part — neither to put to death nor to banish from the state a man who loves his country and excels all others in the art of war. For it will be no small loss to us, as you well know, plebeians, if we deprive the commonwealth of such valour. Preferably, then, you ought to relent on his own account, calling to mind how many of you he has saved in the wars, and instead of retaining any resentment for his objectionable words, to remember his glorious deeds. [3] For his speech has done you no harm, whereas his actions have done you great service. However, if you cannot be reconciled to this man, at least as a favour to us and the senate yield him up to our entreaties, be at last firmly reconciled to us, and cause the commonwealth to be united as it was in the beginning. But if you do not yield to our persuasions, be assured that we shall not yield to your violence either; but this testing of the populace will be either the source of a sincere friendship and of still greater benefits for all, or the fresh beginning of civil war and irreparable evils.”
[33.1] After Minucius had spoken in this manner, the tribunes, seeing the populace moved by the moderation of his speech and the humanity of his promises, were offended and displeased, and particularly Gaius Sicinius Bellutus, the one who had persuaded the poor to secede from the patricians and had been appointed by them to be their general while they were in arms. He was a most bitter foe of the aristocracy, and having for that reason been raised by the multitude to a position of eminence and given the tribunician power for the second time already, he, least of all the demagogues, thought it to his interest that the commonwealth should become harmonious and recover its ancient good order. [2] For not only did he not expect to enjoy the same honours and powers any longer under an aristocracy, since he was of lowly birth, poorly educated, and had never distinguished himself in either war or peace, but he knew he should even be in peril of his life for having caused a sedition in the state and brought upon it many other evils. [3] After he had considered, therefore, what he ought to say and do, and had consulted with his colleagues and gained their assent, he rose up, and after uttering a few words of commiseration over the unhappy lot of the plebeians, he commended the consul for vouchsafing to give them an account of their actions without despising their low condition, and also said he was grateful to the patricians if now at last they were taking some that for the preservation of the poor; and he declared that he should still more heartily join with all the rest in bearing witness to the fact if they would make their actions conform to their words.
[34.1] Having spoken thus and given the impression that he was moderate and conciliatory in disposition, he turned to Marcius, who stood near the consuls, and said: “And you, sir, why do you not clear yourself before your fellow-citizens in regard to what you said in the senate? Or rather, why do you not entreat them and deprecate their anger, that they may impose a milder penalty upon you? For I would not advise you to deny the fact, as so many are acquainted with it, or to have recourse to shameless excuses, since you are Marcius and have a spirit above that of a man in private station — unless, indeed, it is seemly for the consuls and the patricians to intercede for you with the populace, but will not be seemly for you to do this same thing for yourself.” [2] This he said, well knowing that a man of his proud spirit would never submit to be his own accuser, and, as if he had transgressed, to ask for a remission of his punishment or, contrary to his character, to have recourse to lamentations and entreaties, but that he would either scorn to make any defence at all or, preserving his innate arrogance, would indulge in no flattery of the populace by showing moderation in his words. [3] And this is just what happened. For when silence prevailed and almost all the plebeians felt a strong desire to acquit him if he would make the most of the present opportunity, he showed such arrogance in his words and so great a contempt of the plebeians that he did not deny a single thing he had said in the senate against them, nor, as if he repented of what he had said, resort to appeals for pity or to prayers for mercy. Indeed, he absolutely refused even to let them be his judges in any matter, as having no lawful authority; but if anyone should think fit to accuse him before the consuls and require an accounting of either his words or his actions, he was ready to stand trial in a place appointed by law. [4] He said that he had come before the plebeians since they themselves summoned him, partly to reprimand them for the lawlessness and the grasping for more power in which they had indulged both in connection with their secession and after their return, and partly to advise them now at last to check and restrain their unjust desires. [5] After that he inveighed against them all with great vehemence and boldness, and particularly against the tribunes. In his speech there was not the calculated deference of the political leader instructing a popular assembly, nor the prudent caution of one in private station who, hated by many, faces the angry outbursts of his ruler, but rather the untempered wrath of an enemy fearlessly insulting those under his power and a harsh contempt for his victim.
[35.1] For these reasons, while he was yet speaking, there arose a great tumult, his hearers frequently shifting their opinion now this way now that, as happens in crowds of diverse elements and different inclinations, some being pleased at his word and others in turn offended. And when he had done speaking, a still greater clamour and tumult arose. [2] For the patricians, calling him the bravest of men, commended him for his frankness of speech and said he was the only free man of their whole body, since he had neither feared a host of enemies advancing upon him nor flattered the insolent and illegal impulses of his fellow-citizens; on the other hand, the plebeians, chafing under his reproaches, called him overbearing and harsh and the bitterest of all enemies. [3] And some who were very reckless were already doing their best to have him summarily put to death. In this they were assisted and abetted by the tribunes, and Sicinius in particular gave a loose rein to their desires. At any rate, after he had delivered a long tirade against Marcius and inflamed the minds of the plebeians, he became most vehement in his accusations and then pronounced sentence, saying that the college of the tribunes condemned him to death because of his insolence toward the aediles, whom he had day before driven away with blows when they were ordered by the tribunes to bring him before them; for they alleged that the insult committed by him against their assists was aimed at no others than those who had given them their orders. [4] Having said this, he commanded that he be led to the hill that overlooks the Forum; this is an exceeding high precipice from which they used to hurl those who were condemned to death. The aediles, accordingly, stepped forward in order to lay hold on him, but the patricians, crying out with a loud voice, rushed upon them in a body. Then the plebeians fell upon the patricians, and there followed many disorderly deeds and many insulting words on both sides, as they pushed and laid hold on one another. [5] However, the moving spirits in the tumult were restrained and compelled to come to their senses by the consuls, who forced their way into the midst of the contending parties and ordered their lictors to keep back the crowds; so great respect did the men of those times feel for this magistracy and so much did they honour the semblance of the royal power. Whereupon Sicinius, being perplexed and disturbed, was filled with apprehension, lest he should force his adversaries to repel violence with violence; but he disdained to desist from his attempt after he had once engaged in it, and finding himself unable to adhere to his resolutions, he considered long what he ought to do.
[36.1] Seeing him in this perplexity, Lucius Ju
nius Brutus, that demagogue who had contrived the terms of the accommodation, a man of great sagacity in all matters, but particularly in finding possible solutions in impossible situations, came to him and taking him aside, advised him not to persist contentiously in attempting to carry out a reckless and illegal undertaking when he saw not only that the whole body of the patricians was aroused to anger and ready, if the consuls called upon them, to rush to arms, but also that the sturdiest element among the populace were hesitating and in no mood readily to acquiesce in delivering up to death the most illustrious person in the city, and that without a trial. [2] He therefore advised him to yield for the present and not to take issue with the consuls, lest he should cause some greater mischief, but to appoint a trial for the man, setting some time or other for it, and let the citizens give their votes by tribes concerning him; and then to do whatever the majority of the votes should determine. For it was an act of tyranny and violence, he said, that Sicinius was now attempting to accomplish, in constituting the same person at once the accuser and judge and also the one to determine the degree of punishment, whereas the procedure of all civil government is for the accused to have an opportunity to make his defence according to the laws and then to suffer such punishment as the majority of his judges may determine. [3] Sicinius yielded to these arguments, as he saw no better plan; and coming forward, he said: “You see, plebeians, the eagerness of the patricians for deeds of bloodshed and violence, which induces them to prefer one arrogant man, who wrongs the whole commonwealth, to your entire body. Nevertheless, we ought not to imitate them and rush headlong to our ruin, either by beginning war or by defending ourselves against attack. But since some are putting forward the law as a specious pretence and are attempting to snatch him from punishment by rallying to the support of this law which allows no citizen to be put to death without a trial, let us concede them this claim, though we ourselves are not treated by them in either a lawful or a just manner; and let us show that we choose to surpass in reasonableness rather than in violence our fellow-citizens who injure us. [4] As for you, plebeians, depart, therefore, and wait for the destined moment, which will not be long in coming. We on our part will meanwhile get everything ready that is urgent, and having appointed a day for the man to make his defence, we will bring about his trial before you as judges. And when you are legally possessed of the right of giving your votes, inflict such punishment on him as you shall find he deserves. So much for this matter. As to the sale and distribution of the corn in the most equitable manner, if these men and the senate do not take some thought about it, we shall look after the business. Having said this, he dismissed the assembly.
[37.1] After this the consuls assembled at the senate and considered with them at leisure by what means the present disturbance might be allayed. And they resolved, first, to win over the plebeians by selling the provisions to them at a very cheap and low price; and in the next place, to endeavour to prevail upon their leaders to desist from their purpose, as a favour to the senate, and not to bring Marcius to a trial; or, if they would not do this, to put it off to the most distant time possible, till the angry feelings of the multitude should die down. [2] Having passed these votes, they laid their decree relating to the provision before the popular assembly, and, as all praised it, they secured its ratification. It was to this effect: that the prices of commodities necessary for daily subsistence should be the lowest they had ever been before the civil strife. But from the tribunes, in spite of many entreaties, they were unable to obtain an absolute dismissal of the charges against Marcius, though they did get a postponement of his trial for as long a time as they asked. And they themselves contrived another delay by taking advantage of the following situation: [3] When the ambassadors sent from Sicily by the tyrant had delivered to the people his present of corn to them, and having sailed for home, were now lying at anchor not far from the harbours of Antium, the Antiates, sending out a piratical force, brought them into port and not only treated their effects as booty taken from an enemy, but also imprisoned the men themselves and kept them under guard. [4] The consuls, being informed of this, caused a vote to be passed to make an expedition against the Antiates, since, when the Romans sent ambassadors to them, they had refused to offer any satisfaction; and having raised an army consisting of all who were of military age, both consuls took the field, after getting a decree of the senate ratified for the suspension of all private and public suits for as long a time as they should continue under arms. [5] This, however, was not so long a time as they had expected, but much shorter. For the Antiates, hearing that the Romans had set out against them with all their forces, did not resist for even the briefest time, but having recourse to prayers and entreaties, delivered up both the persons of the Sicilians whom they had taken and their effects also, with the result that the Romans were under the necessity of returning to the city.
[38.1] The army having been disbanded, Sicinius the tribune assembled the populace and announced the day on which he proposed of hold the trial of Marcius. He urged not only the citizens who lived at Rome to come en masse to decide this cause, but also those who resided in the country to leave their tasks to be present on the same day, intimating that they would be giving their votes for the liberty and the safety of the whole commonwealth. He summoned Marcius also to appear and make his defence, assuring him that he should be deprived of none of the privileges the law allowed in connection with trials. [2] In the mean time the consuls, after they had consulted the senate, resolved not to permit the people to get control of so great power. They had found out a just and legal means of preventing it, by which they expected to defeat all the designs of their adversaries. After this they invited the leaders of the people to a conference, at which their friends also were present; and Minucius poke as follows: [3] “It is our opinion, tribunes, that we ought to endeavour with all our power to banish this sedition from the state and not to engage in rivalry with the people over any matter, especially when we see that you have turned from violent methods to just measures and to debate. But however commendable we may think this resolution of yours, we are of the opinion that the senate ought to take the initiative by passing a preliminary decree, as is our traditional practice. [4] For you yourselves can testify that from the time our ancestors founded this city the senate has always possessed this prerogative and that the people never determined or voted anything without a previous resolution of the senate, not only now, but even under the kings; for the kings laid the resolutions of the senate before the popular assembly to be ratified. Do not, then, deprive us of this right nor abolish this ancient and excellent custom; but showing the senate that you desire a just and reasonable thing, do you grant the people authority to ratify any decree the senate shall pass.”
[39.1] While the consuls were thus speaking, Sicinius grew impatient at their words and refused to give the senate authority in any matter at all. But his colleagues, upon the advice of Decius, consented that the preliminary decree should be passed, after they themselves had made a just proposal which it was impossible for the consuls to refuse. [2] They asked, namely, that the senators should grant a hearing to them, who were acting for the people, as well as to those who wished to speak in support of or against the accused, and that after hearing all parties who desired to express their views regarding what they thought just and advantageous to the commonwealth, they should then all give their opinions as in a court of justice, after taking the oath appointed by law; and whatever the majority of the votes determined, should be valid. [3] The tribunes having consented that the senate should pass the preliminary decree as the consuls desired, the meeting was dismissed for the time being. The next day the senate met in the senate-house, and after the consuls had acquainted them with the terms of the agreement they had made, they called the tribunes and bade them state why they were present. Thereupon Decius, who had consented that the preliminary decree should be passed, came forward and spoke as follows:
[40.1] “We are not ignorant, senators, o
f what will happen, namely, that we shall be censured before the people for coming to you, and shall have as our accuser in the matter of the preliminary decree a man who is possessed of the same power as ourselves and who did not think we ought to ask of you that which the law gives us or to receive as a favour that which is our right. And if we are tried for this, we shall run no hazard, but shall be condemned as deserters and traitors and suffer the worst of punishments. [2] But though sensible of these things, we have consented to come to you, relying on the justice of our cause and trusting to the oaths under which you will express your opinions. We are indeed unimportant men to treat of such great and important subjects, and are far from equal to what the situation demands; but the matters we shall discuss are not unimportant. Attend, therefore, to these, and if they shall seem to you just and advantageous to the commonwealth — and, I may add, even necessary — permit us to obtain them of your own free will.
[41.1] “I shall speak first concerning the point of justice. After you had got rid of the kings with our assistance, senators, and had established our present constitution, with which we find no fault, you observed that the plebeians had always the worse of it in their suits whenever they had any difference with the patricians, which frequently happened; and you accordingly sanctioned a law, on the advice of Publius Valerius, one of the consuls, permitting the plebeians, when oppressed by the patricians, to appeal their cases to the people; and by means of this law more than by any other measure you both preserved the harmony of the commonwealth and repulsed the attacks of the kings. [2] It is in virtue of this law that we summon Gaius Marcius here to appear before the people because of the injustice and oppression which we all declare we have suffered at his hands, and we call upon him to make his defence before them. And in this case a preliminary decree was not necessary. For whereas in matters concerning which there are no laws you have the right to pass such a decree and the people have the right to ratify it, yet when there is an inviolable law, even though you pass no decree, that law must of course be observed. [3] For surely no one will say that this appeal to the people must be allowed in the case of private citizens who have got the worst of it in their trials, but not in the case of us, the tribunes. [4] Firmly relying, therefore, upon this concession of the law, and thus encouraged to run the risk of submitting our cause to you as our judges, we have come before you. And in virtue of an unwritten and unenacted natural right we make this demand of you, senators, that we may be in neither a better nor a worse condition than you at least in the matter of justice, inasmuch as we have assisted you in carrying on many important wars and have shown the greatest zeal in getting rid of the tyrants, and have had no small part in enabling the commonwealth to take orders from none but to give laws to others. [5] Now the most effectual means you could take, fathers, to put us in no worse a condition than yourselves in point of rights would be to stop those who are making illegal attempts against our persons and our liberty, by placing before their eyes the fear of a trial. So far as magistracies, special privileges, and offices are concerned, we believe we should bestow them upon those who excel us in merit and fortune; but to suffer no wrong, and to receive justice adequate to any wrongs one may sustain, are rights, we hold, which should be equal and common to all who live under the same government. [6] Accordingly, just as we yield to you the privileges that are illustrious and great, so we do not intend to give up those that are equal and common to all. Let this suffice concerning the point of justice, though there are many other things that might be said.
Delphi Complete Works of Dionysius of Halicarnassus (Illustrated) (Delphi Ancient Classics Book 79) Page 65