3.72
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.
End of Book 3