[7,52] Ὡς 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. ὁ μὲν οὖν νόμος ὁ περὶ τῶν δικαστηρίων τῶν δημοτικῶν, ᾧ Δέκιος ἐκρατύνατο μάλιστα, οὐ καθ´ ὑμῶν ἐγράφη τῶν πατρικίων, ἀλλ´ ὑπὲρ ἀσφαλείας τῶν κατισχυομένων δημοτικῶν, ὡς αὐτός τε δηλοῖ γραφὰς ἔχων οὐκ ἀμφιβόλους, καὶ ὑμεῖς τοῦτο πάντες ἀεὶ λέγετε καλῶς ἐπιστάμενοι. 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 κατ´ οὐδενὸς τῶν πατρικίων ἐν τῷ νόμῳ δεδικασμένην, οὔτ´ ἰδίαν· εἰ δὲ φήσει, δειξάτω καὶ μηθὲν ἔτι δεόμεθα λόγου. αἱ δ´ ὁμολογίαι, καθ´ 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 καθ´ ἕκαστον ἐνιαυτὸν ἐπικουρίας ἕνεκα τῶν κατισχυομένων καὶ κωλύσεως, ἄλλο δὲ παρὰ ταῦτ´ οὐδέν. μέγιστον δ´ ὑμῖν γενέσθω τεκμήριον, ὅτι οὔθ´ ὁ νόμος οὔθ´ αἱ συνθῆκαι κατ´ ἀνδρὸς πατρικίου δικάζειν τῷ δήμῳ δεδώκασιν ἐξουσίαν, ὃ ποιεῖ νῦν αὐτὸς ὁ δῆμος. αἰτεῖται γὰρ αὐτὸ παρ´ ὑμῶν τήμερον, ὡς πρότερόν γ´ οὐκ ἔχων· οὐδεὶς δ´ ἂν ἀξιώσειέ τι παρ´ ἄλλων λαμβάνειν, ὧν ἐστι νόμῳ κύριος. δίκαιον δὲ φύσεως ἀνομοθέτητον, ὦ βουλή, πῶς ἂν εἴη τοῦτο· καὶ γὰρ τοῦτο Δέκιος ὑμᾶς ᾤετο δεῖν σκοπεῖν· τοῖς μὲν δημόταις, ἅς τ´ ἂν φύγωσι δίκας ὑπὸ τῶν πατρικίων καὶ ἃς ἂν ἐκείνους διώκωσι, τὸν δῆμον δικάζειν, τοῖς δὲ πατρικίοις μήθ´ ὅταν ἐπάγωσί τινα τῶν δημοτικῶν δίκην μήθ´ ὅταν αὐτοὶ κινδυνεύσωσι τοὺς πατρικίους τὰ νείκη διαιτᾶν, ἀλλὰ τούτοις μὲν ἀμφότερα ἐξεῖναι πλεονεκτεῖν, ἡμῖν δ´ οὐδετέρου τῶν δικαίων μετέχειν; εἰ δέ τι Μάρκιος ἀδικεῖ τὸν δῆμον, {ἢ} καὶ ἄλλος τῶν πατρικίων ὁστισοῦν καὶ δίκαιός ἐστιν ἀποθανεῖν ἢ τῆς πόλεως ἐκπεσεῖν, μὴ παρ´ αὐτοῖς, ἀλλ´ ἐνθάδε κριθεὶς διδότω δίκας, ὥσπερ ἐστὶ νόμιμον. εἰ μὴ ἄρα, ὦ Δέκιε, ὁ μὲν δῆμος ἴσος ἔσται δικαστὴς καὶ οὐθὲν ἂν χαρίσαιτο αὑτῷ πρὸς ἀνδρὸς ἐχθροῦ τὴν ψῆφον ἐπιφέρων· οὗτοι δ´ εἰ γένοιντο τῆς ψήφου κύριοι τὸν ἀδικοῦντα περὶ πλείονος ποιήσονται τῆς ἀδικουμένης ὑπ´ αὐτοῦ πόλεως, μέλλοντες ἀρὰν καὶ ἐπιορκίαν καὶ μῖσος μὲν παρ´ ἀνθρώπων, χόλον δὲ παρὰ θεῶν ἐκ τῆς δίκης ἀποίσεσθαι καὶ μετὰ πονηρῶν ἐλπίδων ζῆν. οὐκ ἀξιῶ ταῦτα περὶ τῆς βουλῆς ὑμᾶς, ὦ δημόται, σκοπεῖν, ᾗ τιμὰς καὶ ἀρχὰς καὶ τὰ κράτιστα τῶν ἐν τῇ πόλει παραχωρεῖν ὁμολογεῖτε δι´ ἀρετήν, καὶ πολλὰς χάριτας εἰδέναι φατὲ τῆς προθυμίας, ἣν ἀπεδείξατο περὶ τὴν κάθοδον ὑμῶν. μάχεται ταῦτ´ ἀλλήλοις· καὶ οὐκ ἔχει λόγον, οὓς ἐπαινεῖτε, τούτους φοβεῖσθαι καὶ ἅμα τοῖς αὐτοῖς περὶ μὲν τῶν μειζόνων ἐπιτρέπειν, περὶ δὲ τῶν ἄλλων ἀπιστεῖν. τί δ´ οὐχὶ μιᾷ χρώμενοι γνώμῃ ἢ πάντα πιστεύετε αὐτοῖς ἢ περὶ πάντων ἀπιστεῖτε; ἀλλὰ προβουλεῦσαι μὲν αὐτοὺς τὰ δίκαια ἱκανοὺς εἶναι νομίζετε, δικάσαι δὲ περὶ αὐτῶν τούτων ὧν προβουλεύουσιν οὐχ ἱκανούς. πολλὰ καὶ ἄλλα περὶ τῶν δικαίων εἶχον, ὦ βουλή, λέγειν, ἀλλὰ καὶ ταῦθ´ ἱκανά.

[7,52] "That this matter, which is the subject of your present consideration, is also of a piece with their other unjust and illegal attempts and not, as the tribune endeavoured to prove in order to deceive you, a just and reasonable request, let those among you now learn who are not yet certain of it. Well then, the law relating to the popular courts, the law upon which Decius relied for his chief support, was not enacted against you patricians, but for the protection of such plebeians as are oppressed, as the law itself, written in unequivocal terms, plainly shows, and as all of you, being perfectly acquainted with it, always declare to be the case. Strong proof of this is afforded by the length of time it has been in force, which seems to be the best criterion in the case of every disputed principle of law; for nineteen years have now passed since this law was enacted, and during all this time Decius cannot point to a single instance of a trial, either public or private, brought against any patrician in virtue of this law. But if he shall assert that he can, let him produce it and we need no further discussion. As to the agreement you recently entered into with the plebeians (for it is necessary that you should be informed about this also, since the tribune has shown himself an unscrupulous interpreter of it), it contains these two concessions — that the plebeians shall be discharged (p295) of their debts, and that these magistrates shall be elected annually for the relief of the oppressed and the prevention of injustice toward them; and except these, there is no other provision. But let the greatest indication to you that neither this law nor the compact has given the populace the power of trying a patrician be the present behaviour of the populace themselves. For they ask this power of you today, as not having possessed it hitherto; yet no one would ask to receive from others anything to which he is entitled by law. And how can this, senators, be a natural, unwritten right — for Decius thought you ought to consider this — that the populace shall try all causes in which the plebeians are involved, whether the actions are brought against them by the patricians, or by them against the latter, while patricians, whether plaintiffs or defendants in any suit with the plebeians, shall not decide those controversies, but the plebeians shall be given the advantage in both cases, while we enjoy neither right? But if Marcius or any other patrician whatsoever has injured the people and deserves either death or banishment, let him be punished after being tried, not by them, but here, as the law directs. Unless, forsooth, Decius, the populace will be impartial judges and would not show any favour to themselves when giving their votes concerning an enemy, whereas these senators, if they are empowered to vote in his case, will regard the wrong-doer as of more importance (p297) than the commonwealth that suffers from his wrongdoing, when as the result of their verdict they are sure to draw upon themselves a curse, the guilt of perjury, the detestation of mankind, and the anger of the gods, and to go through life haunted by dismal hopes! It is unworthy of you, plebeians, to entertain these suspicions about the senate, to whom you acknowledge that you concede honours, magistracies, and the most important powers in the commonwealth on the basis of merit, and to whom you say you feel very grateful for the zeal they showed for your return. These sentiments are inconsistent with one another; and it is not reasonable that you should fear those you commend and entrust the same persons with the more serious responsibilities while at the same time distrusting them in those of less consequence. Why do you not keep to one uniform judgment, either trusting them in everything or distrusting them in everything? But, on the contrary, you think them capable of passing a preliminary decree about principles of right, but not of sitting in judgment concerning these very principles involved in that decree. I had many other things to say concerning the rights of this matter, senators; but let this suffice.