§3.40.1haec vociferante Horatio cum decemviri nec irae nec ignoscendi modum reperirent nec, quo evasura res esset, cernerent, C. Claudi, qui patruus Appi decemviri erat, §3.40.2oratio fuit precibus quam iurgio similior, orantis per sui fratris parentisque eius manes, ut civilis potius societatis, §3.40.3in qua natus esset, quam foederis nefarie icti cum collegis meminisset. multo id magis se illius causa orare quam rei publicae; §3.40.4quippe rem publicam, si a volentibus nequeat, ab invitis ius expetituram; sed ex magno certamine magnas excitari ferme iras; earum eventum se horrere.
While Horatius was vociferating these things, and the decemvirs could find no limit either for their anger or for forgiveness, nor could see where the matter would end, Gaius Claudius, who was the uncle of the decemvir Appius, made a speech that was more like an entreaty than a reproach, imploring him by the manes of his brother and of Appius's father, that he would rather remember the civil society in which he had been born, than the league nefariously struck with his colleagues. [He said] that he implored this far more for Appius's own sake than for that of the republic; for the republic, if it could not obtain its right from willing subjects, would exact it from the unwilling; but that from a great contest great angers were usually excited, and he shuddered at their outcome.
§3.40.5cum aliud, praeterquam de quo rettulissent, decemviri dicere prohiberent, Claudium interpellandi verecundia fuit.
Although the decemvirs forbade speaking on any subject other than that on which they had made a motion, there was a feeling of respect which prevented them from interrupting Claudius.
sententiam igitur peregit nullum placere senatus consultum fieri.
He therefore completed his opinion, [declaring] that it pleased him that no decree of the senate should be passed.
§3.40.6omnesque ita accipiebant, privatos eos a Claudio iudicatos; multique ex consularibus verbo adsensi sunt.
And everyone understood it in this way, that they were judged to be private citizens by Claudius; and many of the consulars assented by a word.
§3.40.7alia sententia, asperior in speciem, vim minorem aliquanto habuit, quae patricios coire ad prodendum interregem iubebat.
Another opinion, more severe in appearance, had considerably less force, which ordered the patricians to assemble to appoint an interrex.
censendo enim quodcumque magistratus esse qui senatum haberent iudicabant, quos privatos fecerat auctor nullius senatus consulti faciendi.
For by deciding on any motion, they judged those who held the senate to be magistrates, whom the author of the opinion that no decree of the senate should be passed had made private citizens.
§3.40.8ita labente iam causa decemvirorum L. Cornelius Maluginensis, M. Corneli decemviri frater, cum ex consularibus ad ultimum dicendi locum consulto servatus esset, simulando curam belli fratrem collegasque eius tuebatur, §3.40.9quonam fato incidisset, mirari se dictitans, ut decemviros, qui decemviratum petissent, aut soli aut hi maxime oppugnarent; §3.40.10aut quid ita, cum per tot menses vacua civitate nemo, iustine magistratus summae rerum praeessent, controversiam fecerit, nunc demum, cum hostes prope ad portas sint, civilis discordias serant, nisi quod in turbido minus perspicuum fore putent, quid agatur.
Thus, while the cause of the decemvirs was already declining, Lucius Cornelius Maluginensis, the brother of the decemvir Marcus Cornelius, having been intentionally reserved among the consulars for the last place of speaking, defended his brother and his colleagues by feigning anxiety about the war, repeatedly declaring that he wondered by what fate it had happened that those who had sought the decemvirate should, either alone or most especially, oppose the decemvirs; or why, when for so many months while the state was quiet, no one raised a dispute as to whether they presided over the state as lawful magistrates, they should now at last, when the enemy was almost at the gates, sow civil discords—unless because they thought that in a troubled state what was being done would be less clear.
§3.40.11ceterum — nec enim maiore cura occupatis animis verum esse praeiudicium rei tantae fieri — sibi placere de eo, quod Valerius Horatiusque ante idus Maias decemviros abisse magistratu insimulent, bellis, quae inmineant, perfectis, re publica in tranquillum redacta, §3.40.12senatu disceptante agi et iam nunc ita se parare Ap. Claudium, ut comitiorum, quae decemviris creandis decemvir ipse habuerit, sciat sibi rationem reddendam esse, utrum in unum annum creati sint, an donec leges, quae deessent, perferrentur.
However—for it was not right that a prejudgment on so great a matter should be made when minds were occupied with a greater concern—it pleased him that concerning that which Valerius and Horatius charged, that the decemvirs had gone out of office before the ides of May, action should be taken after the wars which were imminent were finished, and the republic was restored to tranquillity, with the senate debating it; and that Appius Claudius should even now so prepare himself, that he might know he must render an account of the comitia which he himself as decemvir had held for electing decemvirs, whether they were elected for one year, or until the laws which were wanting should be carried through.
§3.40.13in praesentia omnia praeter bellum omitti placere; cuius si falso famam volgatam vanaque non nuntios solum, sed Tusculanorum etiam legatos adtulisse putent, speculatores mittendos censere, qui certius explorata referant; §3.40.14sin fides et nuntiis et legatis habeatur, dilectum primo quoque tempore haberi et decemviros quo cuique eorum videatur exercitus ducere nec rem aliam praeverti.
For the present, it pleased him that all things except the war should be omitted; and if they thought that a false rumor had been spread and that not only the messengers but also the ambassadors of the Tusculans had brought empty news, he voted that scouts should be sent to bring back more certainly explored information; but if credit should be given to both the messengers and the ambassadors, that a levy should be held at the very first opportunity, and that the decemvirs should lead the army whithersoever it seemed good to each of them, and that no other matter should be preferred.