When the consuls saw that Scaptius was listened
to not only in silence but even with approval, they
called gods and men to witness that a monstrous
injustice was being perpetrated, and sent for the
leaders of the senate. Accompanied by them they went
amongst the tribes and implored
them not to commit the worst of crimes and establish a
still worse precedent by perverting justice to their
own advantage. Even supposing it were permissible for
a judge to look after his own interest, they would
certainly never gain by appropriating the disputed
territory as much as they would lose by estranging the
feelings of their allies through their injustice. The
damage done to their good name and credit would be
incalculable. Were the envoys to carry back this to
their home, was it to go out to the world, was it to
reach the ears of their allies and of their enemies?
With what pain the former would receive it, with what
joy the latter! Did they suppose that the surrounding
nations would fix the responsibility for it on
Scaptius, a mob-orator in his dotage? To him it might
be a patent of nobility, but on the Roman people it
would stamp a character for trickery and fraud. For
what judge has ever dealt with a private suit so as to
adjudge to himself the property in dispute? Even
Scaptius would not do that, although he has outlived
all sense of shame.
In spite of these earnest appeals which the consuls
and senators made, cupidity and Scaptius its
instigator prevailed. The tribes, when called upon to
vote, decided that it was part of the public domain of
Rome. It is not denied that the result would have been
the same had the case gone before other judges, but as
it is, the disgrace attaching to the judgment is not
in the least degree lightened by any justice in the
case, nor did it appear more ugly and tyrannical to
the people of Aricia and Ardea than it did to the
Roman senate.
The rest of the year remained undisturbed both at home
and abroad.
Book 4
Book IV
The Growing Power of the Plebs
Ch. 1