[9,37] Οἱ 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 δ´ ἄρχοντος Χάρητος, 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 τ´ εἰς κινδύνους ἀχθέντες καὶ τὴν πόλιν ὀλίγου δεήσαντες ἀπολέσαι. ὡς γὰρ ἀνεπαύσατο τῶν στρατειῶν τὸ πλῆθος, ἐπὶ τὴν διανομὴν εὐθὺς ὥρμησε τῶν δημοσίων ἀγρῶν. ἦν γάρ τις ἐν τοῖς δημάρχοις θρασὺς καὶ λέγειν οὐκ ἀδύνατος ἀνήρ, Γναῖος Γενύκιος, ὁ παραθήγων τὰς ὀργὰς τῶν πενήτων. οὗτος ἐκκλησίας συνάγων ἑκάστοτε καὶ ἐκδημαγωγῶν τοὺς ἀπόρους προσηνάγκαζε τοὺς ὑπάτους τὰ ὑπὸ τῆς βουλῆς ψηφισθέντα περὶ τῆς κληρουχίας συντελεῖν. οἱ δ´ 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 οὐδ´ εἶναι νόμους εἰς ἀεὶ κυρίους ἃ ψηφίζεται τὸ συνέδριον, ἀλλὰ πολιτεύματα καιρῶν ἐνιαύσιον ἔχοντα ἰσχύν. ταύτας προβαλλομένων τῶν ὑπάτων τὰς αἰτίας ἀδύνατος ὢν ὁ Γενύκιος αὐτοὺς ἀναγκάσαι μείζονα ἐξουσίαν ἔχοντας ἰταμὴν ὁδὸν ἐτράπετο. 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, τοὺς ποιησομένους τὴν τῶν κλήρων διανομήν. τοῦ δὲ μὴ τῶν ἄλλων τινὰς ὑπάτων ἄγειν ἐπὶ τὴν δίκην, δώδεκα γενομένων τῶν μεταξὺ ἀρχείων, ἀφ´ 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 τότ´ ὄντας ὑπάτους κληρουχῆσαι τὴν γῆν, ἐὰν ἑτέρους τινὰς ἴδωσι δίκην τῷ δήμῳ διδόντας, ἐνθυμηθέντας, ὅτι καὶ σφίσιν αὐτοῖς συμβήσεται ταὐτὸ παθεῖν.

[9,37] These consuls44 were succeeded by Lucius Aemilius Mamercus (elected for the third time) and Vopiscus Julius, in the seventy-seventh Olympiad (the one at which Dandes of Argos won the foot-race), when Chares was archon at Athens. The administration of the new consuls was very difficult and turbulent; they enjoyed peace, it is true, from foreign wars — for all their quarrels were in a state of quiet — but through the dissensions at home they were not only themselves exposed to dangers, but came near destroying the commonwealth as well. For as soon as the populace had a respite from military expeditions, they at once became eager for a distribution of the public lands.It seems there was among the tribunes a certain bold man, not wanting in eloquence, Gnaeus Genucius, who whetted the passions of the poor. This man, by assembling the populace on every occasion and cajoling the needy, (p47) was endeavouring to force the consuls to carry out the decree of the senate concerning the allotment of lands. But the consuls kept refusing to do, alleging that this duty had been assigned by the senate, not to them, but to the consuls who immediately followed Cassius and Verginius, with reference to whom the preliminary decree had been drawn up. At the same time they pointed out that decrees of the senate were not laws continuing in force forever, but measures designed to meet temporary needs and having validity for one year only.When the consuls put forward these excuses, Genucius, finding himself unable to employ compulsion against them, since they were invested with a superior authority, took a bold course. He brought a public suit against Manlius and Lucius, the consuls of the preceding year, and summoned them to appear before the populace and make their defence, specifying openly the ground for the action, which was that they had wronged the populace in not appointing the decemvirs directed by the senate to distribute the allotments of land.And he advanced plausible reasons for not bringing to trail some of the other consuls, though there had been twelve consulships in the interval since the senate had drawn up this decree,47 and for accusing only these men of violating the promise. He ended by saying that the only way the present consuls could be compelled to allot the land would be for them to see some others punished by the populace and thus be reminded that it would be their fate to meet with the same treatment.