Titus Livius (Livy) Ab urbe condita 6.20

With the approbation of all, they appoint a day of trial for Manlius.

[2] When this took place, the commons were at first excited, especially when they saw the accused in a mourning habit, and with him not only none of the patricians, but not even any of his kinsmen or relatives, nay, not even his brothers Aulus and Titus Manlius; a circumstance which had never occurred before, that at so critical a juncture a man's nearest friends did not put on mourning.

[3] When Appius Claudius was thrown into prison [they remarked], that Caius Claudius, who was at enmity with him and the entire Claudian family, appeared in mourning; that this favourite of the people was about to be destroyed by a con- spiracy, because he was the first who had come over from the patricians to the commons.

[4] When the day arrived, I find in no author, what acts were alleged by the prosecutors against the accused bearing properly on the charge of aspiring to kingly power, except his assembling the multitude, and his seditious expressions and his largesses, and pretended discovery;

[5] nor have I any doubt that they were by no means unimportant, as the people's delay in condemning him was occasioned not by the merits of the cause, but by the place of trial. This seems deserving of notice, that men may know what great and glorious achievements his depraved ambition of regal power rendered not only bereft of all merit, but absolutely hateful.

[6] He is said to have brought forward near four hundred persons to whom he had lent money without interest, whose goods he had prevented from being sold, whom he had prevented from being carried off to prison after being adjudged to their creditors.

[7] Besides this, that he not only enumerated also his military rewards, but also produced them to view; spoils of enemies slain up to thirty; presents from generals to the number of forty; in which the most remarkable were two mural crowns and eight civic.

[8] In addition to this, that he brought forward citizens saved from the enemy, amongst whom was mentioned Caius Servilius, when master of the horse, now absent. Then after he had recounted his exploits in war, in pompous language suitable to the dignity of the subject, equalling his actions by his eloquence, he bared his breast marked with scars received in battle:

[9] and now and then, directing his eyes to the Capitol, he called down Jupiter and the other gods to aid him in his present lot; and he prayed, that the same sentiments with which they had inspired him when protecting the fortress of the Capitol, for the preservation of the Roman people, they would now inspire the Roman people with in his critical situation: and he entreated them singly and collectively, that they would form their judgment of him with their eyes fixed on the Capitol and citadel and their faces turned to the immortal gods.

[10] As the people were summoned by centuries in the field of Mars, and as the accused, extending his hands towards the Capitol, directed his prayers from men to the gods; it became evident to the tribunes, that unless they removed the eyes of men also from the memory of so great an exploit, the best founded charge would find no place in minds prejudiced by services.

[11] Thus the day of trial being adjourned, a meeting of the people was summoned in the Pœteline grove outside the Nomentan gate, from whence there was no view of the Capitol; there the charge was made good, and their minds being now unmoved [by adventitious circumstances], a fatal sentence, and one which excited horror even in his judges, was passed on him.

[12] There are some who state that he was condemned by duumvirs appointed to inquire concerning cases of treason. The tribunes cast him down from the Tarpeian rock: and the same place in the case of one man became a monument of distinguished glory and of extreme punishment.

[13] Marks of infamy were offered to him when dead: one, a public one; that, when his house had been that where the temple of Moneta and the mint-office now stand, it was proposed to the people, that no patrician should dwell in the citadel and Capitol: the other appertaining to his family;

[14] it being commanded by a decree that no one of the Manlian family should ever after bear the name of Marcus Manlius. Such was the fate of a man, who, had he not been born in a free state, would have been celebrated with posterity.

[15] In a short time, when there was no longer any danger from him, the people, recollecting only his virtues, were seized with regret for him. A pestilence too which soon followed, no causes of so great a calamity presenting themselves, seemed to a great many to have arisen from the punishment inflicted on Manlius:

[16] [they said]

[1] Amidst universal approval they fixed a day for the trial of Manlius.

[2] There was at first much perturbation amongst the plebs, especially when they saw him going about in mourning garb without a single patrician, or any of his relatives or connections and, strangest of all, neither of his brothers, Aulus and Titus Manlius, being similarly attired. For up to that day such a thing had never been known, that at such a crisis in a man's fate even those nearest to him did not put on mourning.

[3] They remembered that when Appius Claudius was thrown into prison, his personal enemy, Caius Claudius, and the whole house of the Claudii, wore mourning. They regarded it as a conspiracy to crush a popular hero, because he was the first man to go over from the patricians to the plebs.

[4] What evidence strictly bearing out the charge of treason was adduced by the prosecution at the actual trial, beyond the gatherings at his house, his seditious utterances, and his false statement about the gold, I do not find stated by any authority.

[5] But I have no doubt that it was anything but slight, for the hesitation shown by the people in finding him guilty was not due to the merits of the case, but to the locality where the trial took place. This is a thing to be noted in order that men may see how great and glorious deeds are not only deprived of all merit, but made positively hateful by a loathesome hankering after kingly power.

[6] He is said to have produced nearly four hundred people to whom he had advanced money without interest, whom he had prevented from being sold up and having their persons adjudged to their creditors.

[7] It is stated that besides this he not only enumerated his military distinctions, but brought them forward for inspection; the spoils of as many as thirty enemies whom he had slain, gifts from commanders-in-chief to the number of forty, amongst them two mural crowns and eight civil ones.

[8] In addition to these, he produced citizens whom he had rescued from the enemy, and named C. Servilius, Master of the Horse, who was not present, as one of them.

[9] After he had recalled his warlike achievements in a great speech corresponding to the loftiness of his theme, his language rising to the level of his exploits, he bared his breast, ennobled by the scars of battle, and looking towards the Capitol repeatedly invoked Jupiter and the other deities to come to the aid of his shattered fortunes. He prayed that they would, in this crisis of his fate, inspire the Roman people with the same feeling with which they inspired him when he was protecting the Citadel and the Capitol and so saving Rome. Then turning to his judges, he implored them one and all to judge his cause with their eyes fixed on the Capitol, looking towards the immortal gods.

[10] As it was in the Campus Martius that the people were to vote in their centuries, and the defendant, stretching forth his hands towards the Capitol, had turned from men to the gods in his prayers, it became evident to the tribunes that unless they could release men's spell-bound eyes from the visible reminder of his glorious deed, their minds, wholly possessed with the sense of the service he had done them, would find no place for charges against him, however true.

[11] So the proceedings were adjourned to another day, and the people were summoned to an Assembly in the Peteline Grove outside the Flumentan Gate, from which the Capitol was not visible.

[12] Here the charge was established, and with hearts steeled against his appeals, they passed a dreadful sentence, abhorrent even to the judges. Some authorities assert that he was sentenced by the duumvirs, who were appointed to try cases of treason. The tribunes hurled him from the Tarpeian rock, and the place which was the monument of his exceptional glory became also the scene of his final punishment.

[13] After his death two stigmas were affixed to his memory. One by the State. His house stood where now the temple and mint of Juno Moneta stand, a measure was consequently brought before the people that no patrician should occupy a dwelling within the Citadel or on the Capitoline.

[14] The other by the members of his house, who made a decree forbidding any one henceforth to assume the names of Marcus Manlius. Such was the end of a man who, had he not been born in a free State, would have attained distinction.

[15] When danger was no longer to be feared from him the people, remembering only his virtues, soon began to regret his loss. A pestilence which followed shortly after and inflicted great mortality, for which no cause could be assigned, was thought by a great many people to be due to the execution of Manlius.

[16] They imagined that the Capitol had been polluted by the blood of its deliverer, and that the gods had been displeased at a punishment having been inflicted almost before their eyes on the man by whom their temples had been wrested from an enemy's hands.