§9.37.1οἱ δὲ μετὰ τούτους παραλαβόντες τὴν ὕπατον ἀρχήν, Λεύκιος Αἰμίλιος Μάμερκος τὸ τρίτον, καὶ Οὐοπίσκος Ἰούλιος, ἐπὶ τῆς ἑβδόμης καὶ ἑβδομηκοστῆς ὀλυμπιάδος, ἣν ἐνίκα στάδιον Δάνδης Ἀργεῖος, Ἀθήνησι δʼ ἄρχοντος Χαρητος, ἐπίπονον σφόδρα καὶ ταραχώδη τὴν ἀρχὴν διετέλεσαν, εἰρήνην μὲν ἄγοντες ἀπὸ τῶν ἔξωθεν πολέμων — ἐν ἡσυχίᾳ γὰρ ἦν πάντα τὰ διάφορα — ὑπὸ δὲ τῶν ἐν τῇ πόλει στάσεων αὐτοί τʼ εἰς κινδύνους ἀχθέντες καὶ τὴν πόλιν ὀλίγου δεήσαντες ἀπολέσαι.
The consuls who succeeded them, Lucius Aemilius Mamercus for the third time and Vopiscus Julius, during the seventy-seventh Olympiad (in which Dandes of Argos won the stadion), Chares being archon at Athens, passed their term of office in a very laborious and turbulent manner, maintaining peace from external wars—for all disputes were at rest—but by reason of the seditions in the city they were both brought into danger themselves and narrowly missed destroying the city.
ὡς γὰρ ἀνεπαύσατο τῶν στρατειῶν τὸ πλῆθος, ἐπὶ τὴν διανομὴν εὐθὺς ὥρμησε τῶν δημοσίων ἀγρῶν.
For as soon as the multitude was released from military expeditions, they immediately turned their attention to the distribution of the public lands.
§9.37.2ἦν γάρ τις ἐν τοῖς δημάρχοις θρασὺς καὶ λέγειν οὐκ ἀδύνατος ἀνήρ, Γναῖος Γενύκιος, ὁ παραθήγων τὰς ὀργὰς τῶν πενήτων.
For there was among the tribunes a bold man and not incapable of speaking, Gnaeus Genucius, who was whetting the anger of the poor.
οὕτος ἐκκλησίας συνάγων ἑκάστοτε καὶ ἐκδημαγωγῶν τοὺς ἀπόρους προσηνάγκαζε τοὺς ὑπάτους τὰ ὑπὸ τῆς βουλῆς ψηφισθέντα περὶ τῆς κληρουχίας συντελεῖν.
This man, assembling the people on every occasion and haranguing the needy, compelled the consuls to carry out the measures voted by the senate concerning the distribution of land.
οἱ δʼ οὐχ ὑπήκουον οὐ τῇ ἑαυτῶν ἀρχῇ λέγοντες ἐπιτετάχθαι τὸ ἔργον ὑπὸ τῆς βουλῆς, ἀλλὰ τοῖς μετὰ Κάσσιον καὶ Οὐεργίνιον ὑπάτοις, πρὸς οὓς καὶ τὸ προβούλευμα ἐγράφη· καὶ ἅμα οὐδʼ εἶναι νόμους εἰς ἀεὶ κυρίους ἃ ψηφίζεται τὸ συνέδριον, ἀλλὰ πολιτεύματα καιρῶν ἐνιαύσιον ἔχοντα ἰσχύν.
But they would not comply, saying that the task had not been enjoined by the senate upon their own administration, but upon the consuls who succeeded Cassius and Virginius, to whom also the preliminary decree of the senate had been addressed; and at the same time, that the decrees of the senate were not laws valid forever, but temporary political measures having force for only a year.
§9.37.3ταύτας προβαλλομένων τῶν ὑπάτων τὰς αἰτίας ἀδύνατος ὢν ὁ Γενύκιος αὐτοὺς ἀναγκάσαι μείζονα ἐξουσίαν ἔχοντας ἰταμὴν ὁδὸν ἐτράπετο.
When the consuls put forward these excuses, Genucius, being unable to compel them because they possessed greater authority, turned to a bold course.
τοῖς γὰρ ὑπατεύσασι τὸ ἔμπροσθεν ἔτος Μαλλίῳ τε καὶ Λευκίῳ δίκην ἐπήνεγκε δημοσίαν, καὶ προεῖπεν ἥκειν ἐπὶ τὸν δῆμον ἀπολογησομένους, ὁρίσας ἄντικρυς τὴν αἰτίαν τῆς δίκης, ὅτι τὸν δῆμον ἀδικοῦσιν οὐκ ἀποδείξαντες τοὺς δέκα ἄνδρας, οὓς ἐψηφίσατο ἡ βουλή, §9.37.4τοὺς ποιησομένους τὴν τῶν κλήρων διανομήν.
For he brought a public prosecution against Manlius and Lucius, who had been consuls the previous year, and summoned them to appear before the people to make their defense, defining explicitly the charge of the lawsuit, namely, that they were injuring the people by not appointing the ten men whom the senate had voted, who were to make the distribution of the allotments.
τοῦ δὲ μὴ τῶν ἄλλων τινὰς ὑπάτων ἄγειν ἐπὶ τὴν δίκην, δώδεκα γενομένων τῶν μεταξὺ ἀρχείων, ἀφʼ οὗ τὸ προβούλευμα ἐγράφη, τούτους δὲ προβαλέσθαι τοὺς ἄνδρας μόνους τῆς ψευσθείσης ὑποσχέσεως, ἐπιεικεῖς ἔφερεν αἰτίας· καὶ τελευτῶν ἔφη μόνως ἂν οὕτως ἀναγκασθῆναι τοὺς ἐν ἀρχῇ τότʼ ὄντας ὑπάτους κληρουχῆσαι τὴν γῆν, ἐὰν ἑτέρους τινὰς ἴδωσι δίκην τῷ δήμῳ διδόντας, ἐνθυμηθέντας, ὅτι καὶ σφίσιν αὐτοῖς συμβήσεται ταὐτὸ παθεῖν.
And for not bringing any of the other consuls to trial, though twelve magistracies had intervened since the preliminary decree had been drafted, but prosecuting these men alone for the broken promise, he offered reasonable arguments; and finally he said that only in this way would the consuls then in office be compelled to distribute the land, if they saw others paying the penalty to the people, reflecting that the same fate would befall themselves.