[10,55] Τότε δ´ οὖν ἀπὸ τοῦ κρατίστου ταῦτα βουλευσάμενος καὶ τὸν συνάρχοντα πείσας, ἐπειδὴ πολλάκις αὐτὸν ἐπὶ τὴν ἐκκλησίαν ἐκάλεσαν οἱ δήμαρχοι, παρελθὼν πολλοὺς καὶ φιλανθρώπους διεξῆλθε λόγους· κεφάλαια δ´ αὐτοῦ τῆς δημηγορίας τοιάδε ἦν, ὅτι τὸ μὲν ἀποδειχθῆναι τοὺς νόμους καὶ παύσασθαι στασιάζοντας τοὺς πολίτας ὑπὲρ τῶν ἴσων αὐτῷ τε καὶ τῷ συνάρχοντι παντὸς μάλιστα δοκεῖ, καὶ ἀποφαίνονται γνώμην φανεράν· τοῦ δ´ ἀποδεῖξαι τοὺς νομοθέτας αὐτοὶ μὲν οὐδεμίαν ἔχουσιν ἐξουσίαν οὔπω παρειληφότες τὴν ἀρχήν, τοῖς δὲ περὶ Μενήνιον ὑπάτοις οὐχ ὅπως ἐναντιώσονται πράσσουσι τὰ δόξαντα τῇ βουλῇ, ἀλλὰ καὶ συνεργήσουσι καὶ πολλὴν εἴσονται χάριν. ἐὰν δ´ ἀναδύωνται σκῆψιν προβαλλόμενοι τὴν νέαν ἀρχήν, ὡς οὐκ ἐξὸν αὐτοῖς ἑτέρους ἄρχοντας ὑπατικὴν ἐξουσίαν παραληψομένους ἀποδεικνύειν ἡμῶν ἤδη κεκυρωμένων ὑπάτων, οὐδὲν ἐμποδὼν αὐτοῖς τὸ καθ´ ἑαυτοὺς ἔσεσθαι. ἑκόντες γὰρ ἀποστήσεσθαι τῆς ὑπατείας τοῖς ἀνθ´ αὑτῶν αἱρεθησομένοις, ἐὰν καὶ τῇ βουλῇ ταῦτα δοκῇ. ἐπαινοῦντος δὲ τοῦ δήμου καὶ τὴν προθυμίαν τῶν ἀνδρῶν καὶ πάντων κατὰ πλῆθος ἐπὶ τὸ συνέδριον ὠσαμένων, ἀναγκασθεὶς ὁ Σήστιος τὴν βουλὴν συναγαγεῖν μόνος, ἐπειδὴ ὁ Μενήνιος ἀδύνατος ἦν παρεῖναι διὰ τὴν νόσον, προὔθηκεν ὑπὲρ τῶν νόμων λέγειν. ἐλέχθησαν μὲν οὖν καὶ τότε πολλοὶ ὑπ´ ἀμφοτέρων λόγοι τῶν τε παραινούντων κατὰ νόμους πολιτεύεσθαι, καὶ τῶν ἀξιούντων τοὺς πατρίους φυλάττειν ἐθισμούς. ἐνίκα δὲ ἡ τῶν εἰς νέωτα μελλόντων ὑπατεύειν γνώμη, ἣν Ἄππιος Κλαύδιος πρῶτος ἐρωτηθεὶς ἀπεφήνατο, ἄνδρας αἱρεθῆναι δέκα τοὺς ἐπιφανεστάτους ἐκ τῆς βουλῆς. τούτους δ´ ἄρχειν εἰς ἐνιαυτὸν ἀφ´ ἧς ἂν ἀποδειχθῶσιν ἡμέρας, ἐξουσίαν ἔχοντας ὑπὲρ ἁπάντων τῶν κατὰ τὴν πόλιν ἣν εἶχον οἵ τε ὕπατοι καὶ ἔτι πρότερον οἱ βασιλεῖς, τάς τ´ ἄλλας ἀρχὰς πάσας καταλελύσθαι, τέως ἂν οἱ δέκα τύχωσι τῆς ἀρχῆς. τούτους δὲ τοὺς ἄνδρας ἔκ τε τῶν πατρίων ἐθῶν καὶ ἐκ τῶν Ἑλληνικῶν νόμων, οὓς ἐκόμισαν οἱ πρέσβεις, ἐκλεξαμένους τὰ κράτιστα καὶ τῇ Ῥωμαίων πόλει πρόσφορα νομοθετήσεσθαι. τὰ δὲ γραφέντα ὑπὸ τῶν δέκα ἀνδρῶν, ἐὰν ἥ τε βουλὴ δοκιμάσῃ καὶ ὁ δῆμος ἐπιψηφίσῃ, κύρια εἰς τὸν ἅπαντα εἶναι χρόνον, καὶ τὰς ἀρχάς, ὅσαι ἂν ὕστερον ἀποδειχθῶσι, κατὰ τούτους τοὺς νόμους τά τε ἰδιωτικὰ συμβόλαια διαιρεῖν καὶ τὰ δημόσια ἐπιτροπεύειν.

[10,55] At any rate, at the time in question he took this resolution with the best of motives and prevailed upon his colleague to do the same; and since the tribunes repeatedly invited him to appear before the assembly, he came forward and spoke many words of goodwill. The substance of his speech was as follows: That both he and his colleague held it to be a matter of the first importance that the lawgivers should be appointed and that the citizens should cease quarrelling over equal rights; and they were declaring their opinion openly. But for the appointing of the lawgivers they themselves had no authority, since they had not yet entered upon their magistracy; however, not only would they not oppose Menenius and his colleague in carrying out the decree of the senate, but they would actually assist them and be very grateful to them. If the others, however, should decline to carry out the decree, using the new magistracy as an excuse, claiming that it was not lawful for them, now that new consuls had been confirmed, to create other magistrates who would receive consular power, they said that so far as they themselves were concerned there would be nothing to prevent the present consuls from acting. For they would willingly resign the consulship to such magistrates as should be appointed in their steady, provided the senate too should approve of it. The populace praising them for their goodwill and rushing in a body to the senate-house, Sestius was forced to assemble the senate alone, Menenius being unable to attend by reason of his illness, and proposed to them the consideration of the laws. (p353) Many speeches were made on this occasion also both by those who contended that the commonwealth ought to be governed by laws and by those who advised adhering to the customs of their ancestors. The motion that carried was made by the men who were to serve as consuls for the next year; it was delivered by Appius Claudius, who was first called upon, and was as follows: That ten persons be chosen, the most distinguished members of the senate, and that these govern for a year from the day of their appointment, possessing the same authority over all the affairs of the commonwealth as the consuls and, before them, the kings had enjoyed; that all the other magistracies be abrogated for as long a time as the decemvirs held office; that these men select both from the Roman usages and from the Greek laws brought back by the ambassadors the best institutions and such as were suitable to the Roman commonwealth, and form them into a body of laws; that the laws drawn up by the decemvirs, if approved by the senate and confirmed by the people, should be valid for all time, and that all future magistrates should determine private contracts and administer the affairs of the public according to these laws.