[7,58] Ὁ μὲν δὴ ταῦτ´ ἔλεγε δοκῶν ἐπὶ τοῖς λόγοις, οἷς εἶπεν ἐν τῇ βουλῇ, τὴν δίκην ὑφέξειν, καὶ βουλόμενος ὁμολογῆσαι τοὺς δημάρχους, ὅτι ταύτης ἕνεκα τῆς αἰτίας μέλλουσιν αὐτοῦ κατηγορεῖν. οἱ δὲ δήμαρχοι βουλευσάμενοι κατὰ σφᾶς τυραννίδι ἐπιβουλεύειν αὐτὸν ᾐτιάσαντο καὶ πρὸς ταύτην ἐκέλευον ἥκειν τὴν αἰτίαν ἀπολογησόμενον, οὐ βουλόμενοι τὸ ἔγκλημα εἰς μίαν αἰτίαν κατακλεῖσαι καὶ ταύτην οὔτ´ ἰσχυρὰν οὔτε τῇ βουλῇ κεχαρισμένην, ἀλλ´ ἑαυτοῖς τε πράττοντες ἐξουσίαν ὅσα βούλονται ἐγκαλεῖν, καὶ βοήθειαν ἀφαιρήσεσθαι τοῦ Μαρκίου τὴν ἐκ τῶν συνέδρων οἰόμενοι. καὶ ὁ Μάρκιος εἶπεν· Ἀλλ´ ἤτοι, εἰ ἐπὶ ταύτῃ γε κριθήσομαι τῇ διαβολῇ, δίδωμι ἐμαυτὸν ὑπόδικον τοῖς δημόταις, καὶ μηδὲν ἔστω τὸ κωλῦον γράφεσθαι τὸ προβούλευμα. ἐγένετο δὲ καὶ τοῖς πλείστοις τῶν συνέδρων ἀσμένοις ἐπὶ τούτῳ γενέσθαι τῷ ἐγκλήματι τὴν δίκην κατ´ ἀμφότερα, καὶ ὅτι οὐκ ἔσται τὸ λέγειν ἃ φρονεῖ τις ἐν τοῖς συνέδροις ὑπαίτιον, καὶ ὅτι ῥᾳδίως ἀπολύσεται τὴν διαβολὴν ὁ ἀνὴρ βίον ἐζηκὼς σώφρονα καὶ ἀνεπίληπτον. γράφεται τὸ προβούλευμα μετὰ ταῦθ´ ὑπὲρ τῆς δίκης, καὶ χρόνος εἰς παρασκευὴν τῆς ἀπολογίας ὁρίζεται τῷ ἀνδρὶ μέχρι τῆς τρίτης ἀγορᾶς· αἱ δ´ ἀγοραὶ Ῥωμαίοις ἐγίνοντο ὡς καὶ μέχρι τῶν καθ´ ἡμᾶς χρόνων δι´ ἡμέρας ἐνάτης. ἐν δὲ ταύταις συνιόντες ἐκ τῶν ἀγρῶν εἰς τὴν πόλιν οἱ δημοτικοὶ τάς τ´ ἀμείψεις ἐποιοῦντο τῶν ὠνίων καὶ τὰς δίκας παρ´ ἀλλήλων ἐλάμβανον, τά τε κοινά, ὅσων ἦσαν κύριοι κατὰ τοὺς νόμους καὶ ὅσα ἡ βουλὴ ἐπιτρέψειεν αὐτοῖς, ψῆφον ἀναλαμβάνοντες ἐπεκύρουν· τὰς δὲ μεταξὺ τῶν ἀγορῶν ἑπτὰ ἡμέρας αὐτουργοί τ´ ὄντες οἱ πολλοὶ καὶ πένητες ἐν τοῖς ἀγροῖς διέτριβον. ἐπειδὴ δὲ τὸ προβούλευμα ἔλαβον οἱ δήμαρχοι, προελθόντες εἰς τὴν ἀγορὰν συνεκάλεσαν εἰς ἐκκλησίαν τὸν δῆμον καὶ πολλὰ ἐγκώμια τῆς βουλῆς διελθόντες καὶ τὰ δόγματα αὐτῆς ἀναγνόντες προεῖπον ἡμέραν, ἐν ᾗ τὴν δίκην ἔμελλον ἐπιτελεῖν, εἰς ἣν ἅπαντες ἠξίουν ἥκειν τοὺς πολίτας ὡς ὑπὲρ τῶν μεγίστων διαγνωσομένους.

[7,58] He said this in the belief that he was to be tried for the words he had spoken in the senate, and also from a desire that the tribunes should acknowledge that they intend to accuse him on this charge. But the tribunes, after consulting together, charged him with aiming at tyranny and ordered him to come prepared to make his defence against that charge. For they were unwilling to confine their accusation to a single point, and that neither a strong one in itself nor acceptable to the senate, but were scheming to obtain for themselves the authority to bring any charges they wished against Marcius, and were expecting to deprive him of the assistance of the senators. Thereupon Marcius said: "Very well, if this is the charge on which I am to be tried, I submit myself to the judgment of the plebeians; and let there be nothing to prevent the drawing up of the preliminary decree." The greater part of the senators too were well pleased that he was to be tried upon this charge, for two reasons — first, that to speak one's mind freely in the (p317) senate was not going to render one liable to an accounting, and second, that Marcius, who had led a modest and irreproachable life, would easily clear himself of that accusation. After this the preliminary decree for the trial was drawn up and Marcius was given time till the third market-day to prepare his defence. The Romans had markets then, as now, every eighth day, upon which days the plebeians resorted to the city from the country and exchanged their produce for the goods they bought, settled their grievances in court, and ratified by their votes such matters of public business as either et laws assigned or the senate referred to them for decision; and as the greater part of them were small farmers and poor, they passed in the country the seven days intervening between the markets. As soon, therefore, as the tribunes received the preliminary decree they went of the Forum, and calling the people together, gave great praise to the senate, and then, after reading the decree, appointed a day for holding the trial, at which they asked all the citizens to be present, as matters of the greatest moment were to be decided by them.