§7.52.1ὡς 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.
And that this also, which is now proposed for consideration, is like his other unjust and lawless enterprises, and not, as the tribune was trying to show in deceiving you, just and reasonable, learn, you who do not yet clearly know.
ὁ μὲν οὖν νόμος ὁ περὶ τῶν δικαστηρίων τῶν δημοτικῶν, ᾧ Δέκιος ἐκρατύνατο μάλιστα, οὐ καθʼ ὑμῶν ἐγράφη τῶν πατρικίων, ἀλλʼ ὑπὲρ ἀσφαλείας τῶν κατισχυομένων δημοτικῶν, ὡς αὐτός τε δηλοῖ γραφὰς ἔχων οὐκ ἀμφιβόλους, καὶ §7.52.2ὑμεῖς τοῦτο πάντες ἀεὶ λέγετε καλῶς ἐπιστάμενοι.
Now the law concerning the plebeian courts, which Decius especially relied upon, was not written against you patricians, but for the security of the oppressed plebeians, as the law itself shows, having unambiguous texts, and you all always say this, knowing it well.
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 κατʼ οὐδενὸς τῶν πατρικίων ἐν τῷ νόμῳ δεδικασμένην, οὔτʼ ἰδίαν· εἰ δὲ φήσει, §7.52.3δειξάτω καὶ μηθὲν ἔτι δεόμεθα λόγου.
And a great proof of this, which indeed seems to be the best criterion of every disputed right, is the time, which is now nineteen years since this law was passed; in all of which Decius would not be able to show any trial, either public or private, judged under this law against any of the patricians; but if he says so, let him show it, and we shall have no further need of argument.
αἱ δʼ ὁμολογίαι, καθʼ 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 καθʼ ἕκαστον ἐνιαυτὸν ἐπικουρίας ἕνεκα τῶν κατισχυομένων καὶ κωλύσεως, ἄλλο δὲ παρὰ ταῦτʼ οὐδέν.
And the agreements under which you reconciled with the plebeians, which were recently made—for you must learn about these also, since the tribune has become a bad interpreter of them—contain these two concessions: that the plebeians be released from their debts, and that this office be appointed each year for the assistance and protection of those who are oppressed, and nothing else besides these.
§7.52.4μέγιστον δʼ ὑμῖν γενέσθω τεκμήριον, ὅτι οὔθʼ ὁ νόμος οὔθʼ αἱ συνθῆκαι κατʼ ἀνδρὸς πατρικίου δικάζειν τῷ δήμῳ δεδώκασιν ἐξουσίαν, ὃ ποιεῖ νῦν αὐτὸς ὁ δῆμος.
And let this be your greatest proof that neither the law nor the treaties have given the people the authority to judge a patrician, which the people is now doing.
αἰτεῖται γὰρ αὐτὸ παρʼ ὑμῶν τήμερον, ὡς πρότερόν γʼ οὐκ ἔχων· οὐδεὶς δʼ ἂν ἀξιώσειέ τι παρʼ ἄλλων λαμβάνειν, §7.52.5ὧν ἐστι νόμῳ κύριος.
For they ask this of you today as not having had it before; and no one would deem it right to receive from others what they are master of by law.
δίκαιον δὲ φύσεως ἀνομοθέτητον, ὦ βουλή, πῶς ἂν εἴη τοῦτο· καὶ γὰρ τοῦτο Δέκιος ὑμᾶς ᾤετο δεῖν σκοπεῖν· τοῖς μὲν δημόταις, ἅς τʼ ἂν φύγωσι δίκας ὑπὸ τῶν πατρικίων καὶ ἃς ἂν ἐκείνους διώκωσι, τὸν δῆμον δικάζειν, τοῖς δὲ πατρικίοις μήθʼ ὅταν ἐπάγωσί τινα τῶν δημοτικῶν δίκην μήθʼ ὅταν αὐτοὶ κινδυνεύσωσι τοὺς πατρικίους τὰ νείκη διαιτᾶν, ἀλλὰ τούτοις μὲν ἀμφότερα ἐξεῖναι πλεονεκτεῖν, §7.52.6ἡμῖν δʼ οὐδετέρου τῶν δικαίων μετέχειν;
But how could this be an unwritten justice of nature, members of the senate? (For Decius thought you ought to consider this too): that for the plebeians, in both the suits they flee from the patricians and those they pursue against them, the people should judge; but for the patricians neither when they bring a suit against any of the plebeians nor when they themselves are in danger, should the patricians arbitrate the disputes, but that the former should be allowed to have the advantage in both, while we have no share in either right?
εἰ δέ τι Μάρκιος ἀδικεῖ τὸν δῆμον, καὶ ἄλλος τῶν πατρικίων ὁστισοῦν καὶ δίκαιός ἐστιν ἀποθανεῖν ἢ τῆς πόλεως ἐκπεσεῖν, μὴ παρʼ αὐτοῖς, ἀλλʼ ἐνθάδε κριθεὶς διδότω δίκας, ὥσπερ ἐστὶ νόμιμον.
But if Marcius is doing some wrong to the people, or any other of the patricians whoever, and it is just for him to die or be banished from the city, let him suffer punishment, being judged not before them, but here, as is lawful.
εἰ μὴ ἄρα, ὦ Δέκιε, ὁ μὲν δῆμος ἴσος ἔσται δικαστὴς καὶ οὐθὲν ἂν χαρίσαιτο αὑτῷ πρὸς ἀνδρὸς ἐχθροῦ τὴν ψῆφον ἐπιφέρων· οὗτοι δʼ εἰ γένοιντο τῆς ψήφου κύριοι τὸν ἀδικοῦντα περὶ πλείονος ποιήσονται τῆς ἀδικουμένης ὑπʼ αὐτοῦ πόλεως, μέλλοντες ἀρὰν καὶ ἐπιορκίαν καὶ μῖσος μὲν παρʼ ἀνθρώπων, χόλον δὲ παρὰ θεῶν ἐκ τῆς δίκης ἀποίσεσθαι καὶ μετὰ πονηρῶν ἐλπίδων ζῆν.
Unless indeed, Decius, the people is going to be an impartial judge and will not favor itself at all in casting its vote against a man who is an enemy; while these men, if they become masters of the vote, will value the wrongdoer more than the city which is wronged by him, even though they are destined to bring home from the trial a curse, perjury, and hatred from men, and wrath from the gods, and to live with wicked hopes.
§7.52.7οὐκ ἀξιῶ ταῦτα περὶ τῆς βουλῆς ὑμᾶς, ὦ δημόται, σκοπεῖν, ᾗ τιμὰς καὶ ἀρχὰς καὶ τὰ κράτιστα τῶν ἐν τῇ πόλει παραχωρεῖν ὁμολογεῖτε διʼ ἀρετήν, καὶ πολλὰς χάριτας εἰδέναι φατὲ τῆς προθυμίας, ἣν ἀπεδείξατο περὶ τὴν κάθοδον ὑμῶν.
I do not think it right, plebeians, that you should hold such views about the senate, to which you agree to yield honors, offices, and the most important things in the city because of its virtue, and to which you say you owe many thanks for the goodwill it demonstrated concerning your return.
μάχεται ταῦτʼ ἀλλήλοις· καὶ οὐκ ἔχει λόγον, οὓς ἐπαινεῖτε, τούτους φοβεῖσθαι καὶ ἅμα τοῖς αὐτοῖς περὶ μὲν τῶν μειζόνων ἐπιτρέπειν, περὶ δὲ §7.52.8τῶν ἄλλων ἀπιστεῖν.
These things conflict with each other; and it makes no sense to fear those whom you praise, and at the same time to trust the same men with the greater matters, but to distrust them concerning the others.
τί δʼ οὐχὶ μιᾷ χρώμενοι γνώμῃ ἢ πάντα πιστεύετε αὐτοῖς ἢ περὶ πάντων ἀπιστεῖτε;
Why do you not, holding one single opinion, either trust them in all things or distrust them in all?
ἀλλὰ προβουλεῦσαι μὲν αὐτοὺς τὰ δίκαια ἱκανοὺς εἶναι νομίζετε, δικάσαι δὲ περὶ αὐτῶν τούτων ὧν προβουλεύουσιν οὐχ ἱκανούς.
But you think they are capable of preparing just decrees, but not capable of judging about these very things which they decree!
πολλὰ καὶ ἄλλα περὶ τῶν δικαίων εἶχον, ὦ βουλή, λέγειν, ἀλλὰ καὶ ταῦθʼ ἱκανά.
I had many other things to say about what is just, members of the senate, but even these are sufficient.