[36.1] Seeing him in this perplexity, Lucius Junius 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] συνεβούλευε δ᾽ αὐτῷ τότε μὲν εἶξαι καὶ μὴ χωρεῖν ὁμόσε τοῖς ὑπάτοις, μή τι μεῖζον κακὸν ἐργάσηται, προθεῖναι δὲ τῷ ἀνδρὶ δίκην ὁρίσαντα χρόνον ὅσον δή τινα, καὶ ψῆφον ἀναδοῦναι τοῖς πολίταις ὑπὲρ αὐτοῦ κατὰ φυλάς: ὅ τι δ᾽ ἂν αἱ πλείους ψῆφοι καθαιρῶσι, τοῦτο ποιεῖν: τυραννικὸν μὲν γὰρ εἶναι καὶ βίαιον, ὃ νῦν ἐπειρᾶτο διαπράττεσθαι, τὸν αὐτὸν ὑπάρχειν καὶ κατήγορον καὶ δικαστὴν καὶ τοῦ μέτρου τῆς τιμωρίας κύριον: πολιτικὸν δὲ τὸ κατὰ νόμους ἀπολογίας τυχόντα τὸν ὑπαίτιον, ὅ τι ἂν τοῖς πλείοσι δικασταῖς δόξῃ, τοῦτο παθεῖν.
[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] πείθεται τούτοις ὁ Σικίννιος μηδὲν ὁρῶν βούλευμα κρεῖττον καὶ παρελθὼν ἔφη: τὴν μὲν σπουδὴν ὁρᾶτε τῶν πατρικίων τὴν εἰς τὰ φονικὰ καὶ βίαια ἔργα, ὦ δημόται, ὡς ἑνὸς ἀνδρὸς αὐθάδους ὅλην ἀδικοῦντος τὴν πόλιν ἧττον τίθενται τὸ πλῆθος τὸ ὑμέτερον. οὐ μὴν ὁμοίους γ᾽ αὐτοῖς γίνεσθαι χρὴ [p. 55] καὶ ἐπὶ κεφαλὴν ὠθεῖσθαι οὔτ᾽ ἄρχοντας πολέμου οὔτ᾽ ἀμυνομένους: ἀλλ᾽ ἐπειδὴ πρόφασιν εὐπρεπῆ προβάλλονταί τινες τὸν νόμον, ᾧ βοηθοῦντες αὐτὸν ἀφαιροῦνται τῆς κολάσεως, ὃς οὐκ ἐᾷ τῶν πολιτῶν οὐθέν᾽ ἀποκτεῖναι ἄκριτον, συγχωρήσωμεν αὐτοῖς τὸ δίκαιον τοῦτο, καίπερ οὐδὲ νόμιμα πάσχοντες οὐδὲ δίκαια ὑπ᾽ αὐτῶν, καὶ δείξωμεν, ὅτι τοῖς εὐγνώμοσι μᾶλλον ἢ τοῖς βιαίοις περιεῖναι τῶν ἀδικούντων ἡμᾶς πολιτῶν βουλόμεθα.
[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] ὑμεῖς μὲν οὖν ἄπιτε καὶ τὸν μέλλοντα καιρὸν ἐκδέχεσθε οὐ πολὺν ἐσόμενον: ἡμεῖς δὲ παρασκευασάμενοι τὰ κατεπείγοντα προθήσομεν χρόνον τῷ ἀνδρὶ εἰς ἀπολογίαν καὶ τὴν δίκην ἐφ᾽ ὑμῶν συντελέσομεν. ὅταν δὲ γένησθε τῆς ψήφου κατὰ τὸν νόμον κύριοι, τιμήσατε αὐτῷ ἧς ἂν ἄξιον εὕρητε ζημίας. καὶ περὶ μὲν τούτου τοσαῦτα. τῆς δὲ τοῦ σίτου διαπράσεώς τε καὶ διαθέσεως, ἵν᾽ ἐκ τοῦ δικαιοτάτου γένηται, εἰ μή τις ἔσται τούτοις καὶ τῇ βουλῇ φροντίς, αὐτοὶ ἐπιμελησόμεθα. ταῦτ᾽ εἰπὼν διέλυσε τὴν ἐκκλησίαν.
[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.
[1] μετὰ τοῦθ᾽ οἱ μὲν ὕπατοι συναγαγόντες τὴν βουλὴν ἐσκόπουν ἐφ᾽ ἡσυχίας, τίς ἂν γένοιτο τῆς παρούσης ταραχῆς λύσις. καὶ ἔδοξεν αὐτοῖς πρῶτον μὲν ἀποθεραπεῦσαι τοὺς δημότας, εὐώνους πάνυ καὶ λυσιτελεῖς ποιήσαντας αὐτοῖς τὰς ἀγοράς: ἔπειτα πείθειν [p. 56] τοὺς προεστηκότας αὐτῶν χάριτι τῆς βουλῆς παύσασθαι καὶ μὴ παράγειν τὸν Μάρκιον, εἰ δὲ μὴ πείθοιεν εἰς μακροτάτους ἀναβάλλεσθαι χρόνους, ἕως ἂν μαρανθῶσιν αἱ τῶν πολλῶν ὀργαί.
[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] ταῦτα ψηφισάμενοι τὸ μὲν ὑπὲρ τῆς ἀγορᾶς δόγμα εἰς τὸν δῆμον ἐξήνεγκαν καὶ πάντων ἐπαινεσάντων ἐκύρωσαν. ἦν δὲ τοιόνδε: τὰς τιμὰς εἶναι τῶν ὠνίων τῶν πρὸς τὸν καθ᾽ ἡμέραν βίον, αἵτινες ἐγένοντ᾽ ἐλάχισται πρὸ τῆς ἐμφυλίου στάσεως. παρὰ δὲ τῶν δημάρχων πολλὰ λιπαρήσαντες τὴν μὲν ὁλοσχερῆ πάρεσιν οὐχ εὕροντο, τὴν δ᾽ εἰς χρόνον ὅσον ἠξίουν ἀναβολὴν ἔλαβον: αὐτοί τε προσεμηχανήσαντο διατριβὴν ἑτέραν ἀφορμῇ τοιᾷδε χρησάμενοι.
[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] τοὺς ἐκ Σικελίας ἀποσταλέντας ὑπὸ τοῦ τυράννου πρέσβεις καὶ παρακομίσαντας τῷ δήμῳ τὴν τοῦ σίτου δωρεὰν ἀποπλέοντας οἴκαδε Ἀντιάται πειρατήριον στείλαντες κατήγαγον ἀποσαλεύοντας οὐ πρόσω τῶν λιμένων καὶ τά τε χρήματ᾽ αὐτῶν ὡς πολεμίων δἰ ὠφελείας ἔθεντο, καὶ τὰ σώματα κατακλείσαντες εἶχον ἐν φυλακῇ.
[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] ταῦτα μαθόντες οἱ ὕπατοι ἔξοδον ἐψηφίσαντο ἐπὶ τοὺς Ἀντιάτας, ἐπειδὴ πρεσβευομένοις αὐτοῖς οὐδὲν ἠξίουν τῶν δικαίων ποιεῖν: καὶ ποιησάμενοι τῶν ἐν ἀκμῇ κατάλογον ἐξῄεσαν ἀμφότεροι, ψήφισμα κυρώσαντες ὑπὲρ ἀναβολῆς τῶν τ᾽ ἰδίων καὶ τῶν δημοσίων δικῶν, ὅσον ἂν χρόνον ὦσιν ἐν τοῖς ὅπλοις.
[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] ἐγένετο δ᾽ οὗτος οὐχ ὅσον ὑπέλαβον, ἀλλὰ [p. 57] πολλῷ ἐλάττων. οἱ γὰρ Ἀντιάται μαθόντες ἐξεστρατευμένους πανδημεὶ Ῥωμαίους οὐδὲ τὸν ἐλάχιστον ἀντέσχον χρόνον, δεόμενοι δὲ καὶ λιπαροῦντες τά τε σώματα τῶν ἁλόντων Σικελιωτῶν ἀπέδοσαν καὶ τὰ χρήματα, ὥστ᾽ ἠναγκάσθησαν οἱ Ῥωμαῖοι εἰς τὴν πόλιν ἀναστρέψαι.
[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.
[1] διαλυθείσης δὲ τῆς στρατιᾶς ὁ μὲν Σικίννιος ὁ δήμαρχος συναγαγὼν τὸ πλῆθος εἰς ἐκκλησίαν προεῖπεν ἡμέραν, ἐν ᾗ συντελεῖν ἔμελλε τὴν περὶ τοῦ Μαρκίου κρίσιν: καὶ παρεκάλει τούς τε κατὰ πόλιν ὑπάρχοντας ἀθρόους ἥκειν ἐπὶ τὴν διάγνωσιν τῆς δίκης καὶ τοὺς ἐπὶ τῶν ἀγρῶν διατρίβοντας ἀφεμένους τῶν ἔργων εἰς τὴν αὐτὴν ἡμέραν ἀπαντᾶν, ὡς ὑπὲρ ἐλευθερίας καὶ σωτηρίας ὅλης τῆς πόλεως τὴν ψῆφον ἀναληψομένους: παρήγγελλε δὲ καὶ τῷ Μαρκίῳ παρεῖναι πρὸς τὴν ἀπολογίαν ὡς οὐδενὸς ἀτυχήσοντι τῶν περὶ
[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] τὰς κρίσεις νομίμων. τοῖς δ᾽ ὑπάτοις ἐδόκει βουλευσαμένοις μετὰ τοῦ συνεδρίου μὴ περιορᾶν τὸν δῆμον ἐξουσίας τηλικαύτης κύριον γενόμενον. εὕρητο δ᾽ αὐτοῖς τῆς κωλύσεως ἀφορμὴ δικαία καὶ νόμιμος, ᾗ χρώμενοι πάντα διαλύσειν ᾤοντο τὰ τῶν ἀντιδίκων βουλεύματα. καὶ μετὰ τοῦτο παρεκάλεσαν εἰς λόγους ἐλθεῖν τοὺς προεστηκότας τοῦ δήμου συνόντων αὐτοῖς τῶν ἐπιτηδείων.
[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] καὶ ἔλεξε Μηνύκιος τοιάδε: ἡμῖν, ὦ δήμαρχοι, δοκεῖ χρῆναι τὴν στάσιν ἐξελαύνειν ἐκ τῆς πόλεως ἁπάσῃ δυνάμει καὶ μὴ φιλονεικεῖν ἐναντία τῷ [p. 58] δήμῳ περὶ μηδενὸς χρήματος: μάλιστα δ᾽ ὅταν ὁρῶμεν ὑμᾶς ἀπὸ τῶν βιαίων ἐπὶ τὰ δίκαια καὶ τοὺς λόγους ἥκοντας. ταύτης μέντοιγε τῆς γνώμης ἐπαινοῦντες ὑμᾶς τὴν βουλὴν οἰόμεθα δεῖν ἄρξαι προβούλευμα ποιησαμένην, ὥσπερ ἐστὶν ἡμῖν πάτριον. δύναισθε δ᾽ ἂν καὶ
[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] αὐτοὶ τοῦτο μαρτυρεῖν, ὅτι, ἐξ οὗ τήνδε τὴν πόλιν ἔκτισαν ἡμῶν οἱ πρόγονοι, τοῦτο τὸ γέρας ἔχουσα ἡ βουλὴ διατετέλεκε, καὶ οὐθὲν πώποτε ὁ δῆμος, ὅ τι μὴ προβουλεύσειεν ἡ βουλή, οὔτ᾽ ἐπέκρινεν οὔτ᾽ ἐπεψήφισεν, οὐχ ὅτι νῦν, ἀλλ᾽ οὐδ᾽ ἐπὶ τῶν βασιλέων τὰ δ᾽, ἀλλ᾽ ὅσα τῷ συνεδρίῳ δόξειε, ταῦθ᾽ οἱ βασιλεῖς εἰς τὸν δῆμον ἐκφέροντες ἐπεκύρουν. μὴ δὴ τοῦτ᾽ ἀφαιρεῖσθε τὸ δίκαιον ἡμῶν, μηδὲ ἀρχαῖον καλὸν ἔθος ἀφανίζετε: διδάξαντες δὲ τὸ συνέδριον, ὅτι δικαίου δεῖσθε καὶ μετρίου πράγματος, ὅτι ἂν ἐκείνῳ δοκῇ, τούτου τὸν δῆμον ἀποδείξατε κύριον.
[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 anythi
ng 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.”
[1] ταῦτα τῶν ὑπάτων λεγόντων ὁ μὲν Σικίννιος οὐκ ἠνείχετο τῶν λόγων οὐδὲ ἠξίου τὴν βουλὴν οὐδενὸς ποιεῖν κυρίαν: οἱ δὲ τὴν αὐτὴν ἔχοντες ἐξουσίαν ἐκείνῳ Δεκίου γνώμῃ χρησάμενοι συνεχώρουν γενέσθαι τὸ προβούλευμα, δικαίαν τινὰ καὶ αὐτοὶ ποιησάμενοι πρόκλησιν, ἣν οὐχ οἷόν τ᾽ ἦν μὴ
[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.
Delphi Complete Works of Dionysius of Halicarnassus (Illustrated) (Delphi Ancient Classics Book 79) Page 589