[7,63] Τοῦτο καταμαθὼν ὁ Δέκιος ἐκεῖνος, ὁ καὶ
τοὺς ἐν τῇ βουλῇ ποιησάμενος λόγους καὶ τὸ προβούλευμα περὶ
τῆς δίκης γραφῆναι παρασκευάσας, ἀνέστη
καὶ σιωπὴν γενέσθαι κελεύσας ἔλεξεν· Ἐπειδή, ὦ δημόται, τῶν ἐν
τῇ βουλῇ λεχθέντων ὑπὸ Μαρκίου λόγων, καὶ τῶν διὰ τούτους
ἀκολουθησάντων ἔργων
βιαίων τε καὶ ὑπερηφάνων ἀπολύουσιν αὐτὸν οἱ πατρίκιοι καὶ
οὐδ´ ἡμῖν ἐπιτρέπουσι κατηγορεῖν, ἀκούσατε,
οἷον ὑμῖν ἔργον ἕτερον ἔξω τῶν λόγων ὁ γενναῖος
οὗτος ἀνὴρ τυγχάνει διαπεπραγμένος, ὡς αὔθαδες καὶ
τυραννικόν, καὶ οἷον ὑμῶν κατέλυσε νόμον αὐτὸς ἰδιώτης ὢν
μάθετε. ἴστε δήπου πάντες, ὅτι τὰ ἐκ τῶν
πολέμων λάφυρα, ὅσων ἂν ἡμῖν ὑπάρχῃ τυχεῖν δι´
ἀρετήν, δημόσια εἶναι κελεύει ὁ νόμος, καὶ τούτων οὐχ
ὅπως τις ἰδιώτης γίνεται κύριος, ἀλλ´ οὐδ´ αὐτὸς ὁ τῆς
δυνάμεως ἡγεμών· ὁ δὲ ταμίας αὐτὰ παραλαβὼν ἀπεμπολᾷ καὶ
εἰς τὸ δημόσιον ἀναφέρει τὰ χρήματα· καὶ
τοῦτον τὸν νόμον, ἐξ οὗ τήνδε οἰκοῦμεν τὴν πόλιν, οὐχ
ὅπως κατέλυσέ τις, ἀλλ´ οὐδ´ ᾐτιάσατο μὴ οὐχὶ καλῶς
ἔχειν· ἀλλ´ οὗτος ὁ Μάρκιος πρῶτος καὶ μόνος ὑπεριδὼν αὐτοῦ
κειμένου καὶ κυρίου ὄντος ἠξίωσε σφετερίσασθαι τὰ κοινὰ ἡμῶν,
ὦ δημόται, λάφυρα, πέρυσι
καὶ οὐ πάλαι. ποιησαμένων γὰρ ὑμῶν καταδρομὴν
τῆς Ἀντιατῶν γῆς καὶ πολλὰ μὲν σώματα, πολλὰ δὲ
βοσκήματα, πολὺν δὲ σῖτον, πολλὰ δ´ ἄλλα χρήματα
περιβαλομένων οὔτε τῷ ταμίᾳ ταῦτ´ ἀπέδειξεν οὔτ´
αὐτὸς ἀποδόμενος εἰς τὸ δημόσιον ἀνήνεγκε τὸ ἀργύριον, ἀλλὰ
διένειμε καὶ κατεχαρίσατο τοῖς ἑαυτοῦ φίλοις ἅπασαν τὴν λείαν·
τοῦτο δὴ τυραννίδος τεκμήριον
εἶναι φημὶ τὸ ἔργον· πῶς γὰρ οὔ; ὃς τοὺς ἑαυτοῦ κόλακάς τε καὶ
σωματοφύλακας καὶ τῆς μελλούσης τυραννίδος συνεργοὺς ἐκ τῶν
δημοσίων εὐηργέτει χρημάτων·
καὶ νόμου κατάλυσιν εἶναι φανερὰν ταύτην λέγω. δυεῖν
δὴ θάτερον ἀποφηνάτω παρελθὼν Μάρκιος, ἢ ὡς οὐ
διένειμε τὰ λάφυρα τοῖς ἑαυτοῦ φίλοις, ἃ ἔλαβεν ἐκ
τῆς πολεμίας, ἢ ὡς ταῦτα ποιῶν οὐ καταλύει τοὺς
νόμους· ὧν οὐδέτερον ἕξει πρὸς ὑμᾶς εἰπεῖν. αὐτοὶ
γὰρ ἀμφότερα ἴστε, καὶ τὸν νόμον καὶ τὸ ἔργον, καὶ
οὐκ ἔνεσθ´ ὑμῖν ἀποψηφισαμένοις αὐτοῦ τὰ δίκαια καὶ
τὰ εὔορκα δοκεῖν ἐγνωκέναι. ἐάσας δὴ τοὺς στεφάνους
καὶ τὰ ἀριστεῖα καὶ τὰ τραύματα καὶ τὴν ἄλλην τερατείαν πρὸς
ταῦτα λέγε, ὦ Μάρκιε· παραδίδωμι γὰρ
ἤδη σοὶ τὸν λόγον.
| [7,63] When this had been observed by Decius, the one who had spoken in the senate
and prevailed on them to pass the decree for the trial, he rose up, and having
commanded silence, said: "Since, plebeians, the patricians acquit Marcius of the
words he spoke in the senate and of the violent and overbearing deeds that followed
because of them, and do not permit us, either, to accuse him, hear what other deed,
quite apart from words, this honourable man has been guilty of toward you, how
insolent and tyrannical a deed, and learn what law of yours he, though a private
citizen, has broken. You all know, of course, that the law ordains that all the spoils
we are able to take from the enemy by our valour shall belong to the public and that
not only no private citizen has the disposition of them, but not even the general of our
forces himself; but the quaestor, taking them over, sells them and turns the proceeds
over to the public treasury. And this law, during all the time our city has been
inhabited, not only has been violated by no one, but has not even been criticized as
being a bad law. But Marcius here is there is and only man who, in contempt of this
law while it stood (p335) and was valid, has thought fit, plebeians, to appropriate to
himself the spoils which belong to us in common; and this was only last year, not long
ago. For when you made an incursion into the territory of the Antiates and captured
many prisoners, many cattle, and a great quantity of corn, together with many other
effects, he neither reported these to the quaestor nor sold them himself and turned
the proceeds over to the public treasury, but distributed and gave as a present to his
own friends the entire booty. This action, now, I aver to be a proof of his aiming at
tyranny. What else could it be, when he used the public funds to gratify his flatterers,
his bodyguards, and the accomplices in the tyranny he meditated? And this
I maintain to be an open violation of the law. Let Marcius, then, come forward and
show one of two things — either that he did not distribute among his friends the
spoils he took from the enemy's country, or that in doing so he is not violating the
laws. But neither of these things will he be able to say to you. For you yourselves are
acquainted with both matters — with the law and with what he did. and if you acquit
him, your decision cannot possibly be regarded as in accordance with justice and your
oaths. Say naught, then, about your crowns, your rewards of valour, your wounds,
and all the rest of that claptrap, and answer to these points, Marcius: for now I yield
the floor to you."
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