The consuls, when they perceived that Scaptius was listened to not
only in silence, but even with approbation, calling gods and men to
witness, that a disgraceful enormity was being committed, summoned
the principal senators: with them they went round to the tribes,
entreated, that, as judges, they would not be guilty of a most heinous
crime, with a still worse precedent, by converting the subject of
dispute to their own interest, more especially when, even though it
may be lawful for a judge to look after his own interest, so much
would by no means be acquired by keeping the land, as would be lost by
alienating the affections of their allies by injustice; for that the
loss of reputation and confidence was of greater importance than could
be estimated. Was this the answer the ambassadors were to carry home;
was this to go out to the world; were their allies to hear this; were
their enemies to hear it--with what sorrow the one--with what joy the
other? Could they suppose that the neighbouring states would ascribe
this proceeding to Scaptius, an old babbler at assemblies? That
Scaptius would be rendered distinguished by this statue: but that the
Roman people would assume the character of a corrupt informer [73]
and appropriator of the claims of others. For what judge in a private
cause ever acted in such a way as to adjudge to himself the property
in dispute? That even Scaptius himself would not act so, though he had
now outlived all sense of shame. Thus the consuls, thus the senators
exclaimed; but covetousness, and Scaptius, the adviser of that
covetousness, had more influence. The tribes, when convened, decided
that the district was the public property of the Roman people. Nor can
it be denied that it might have been so, if they had gone to other
judges; but, as it is, the infamy of the decision is not in any
way diminished by the justice of the cause: nor did it appear more
disgraceful or more repulsive to the people of Aricia and of Ardea,
than it did to the Roman senate. The remainder of the year continued
free from disturbances both at home and abroad. [74]
Footnotes:
[Footnote 1: The ager publicus or public land consisted of the landed
estates which had belonged to the kings, and were increased by land
taken from enemies who had been captured in war. The patricians had
gained exclusive occupation of this, for which they paid a nominal
rent in the shape of produce and tithes: the state, however, still
retained the right of disposal of it. By degrees the ager publicus
fell into the hands of a few rich individuals, who were continually
buying up smaller estates, which were cultivated by slaves, thus
reducing the number of free agricultural labourers.]
[Footnote 2: Directly, rather than by lot as was usual.]
[Footnote 4: In later times the censor performed this office.--D.O.]
[Footnote 5: This decree was practically a bestowal of absolute
power.--D.O.]
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