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                <passage>
                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text><body><div n="urn:cts:latinLit:phi0914.phi001.perseus-eng3" type="edition" xml:lang="eng"><div n="3" subtype="book" type="textpart"><div n="71" subtype="chapter" type="textpart"><div n="2" subtype="section" type="textpart"><p> of the people respecting the territory of their allies. The inhabitants
							of Aricia and Ardea had frequently gone to war over some disputed land;
							tired at last of their many reciprocal defeats, </p></div><div n="3" subtype="section" type="textpart"><p> they referred the matter to the arbitrament of Rome. The magistrates
							convened an Assembly on their behalf, and when they had come to plead
							their cause, the debate was conducted with much warmth. When the
							evidence was concluded and the time came for the tribes to be called
							upon to vote, P. Scaptius, an aged plebeian, rose and said, “If,
							consuls, I am allowed to speak on matters of high policy, I will not
						</p></div><div n="4" subtype="section" type="textpart"><p> suffer the people to go wrong in this matter.” The consuls
							refused him a hearing, as being a man of no credit, and when he loudly
							exclaimed that the commonwealth was being betrayed they ordered </p></div><div n="5" subtype="section" type="textpart"><p> him to be removed. He appealed to the tribunes. The tribunes, who are
							almost always ruled by the multitude more than they rule them, finding
							that the plebs were anxious to hear </p></div><div n="6" subtype="section" type="textpart"><p> him, gave Scaptius permission to say what he wanted. So he began by
							saying that he was now in his eighty-third year and had seen service in
							that country which was now in dispute, not as a young man but as a
							veteran of twenty years' </p></div><div n="7" subtype="section" type="textpart"><p> standing, when the war was going on against Corioli. He therefore
							alleged as a fact, forgotten through lapse of time, but deeply imprinted
							in his own memory, that the disputed land formed part of the territory
							of Corioli, and when that city was taken, became by the right of war
							part of the State domain of Rome. The Ardeates and Aricians had never
							claimed it while Corioli was unconquered, and he was wondering how they
							could hope to filch it from the people of Rome, </p></div><div n="8" subtype="section" type="textpart"><p> whom they had made arbiters instead of rightful owners. He had not long
							to live, but he could not, old as he was, bring himself to refrain from
							using the only means in his power, namely, his voice, in order to assert
							the right to that territory which as a soldier he had done his best to
							win. He earnestly advised the people not to pronounce, from a false
							feeling of delicacy, against a cause which was really their own. </p></div></div><div n="72" subtype="chapter" type="textpart"><div n="1" subtype="section" type="textpart"><p>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. </p></div><div n="2" subtype="section" type="textpart"><p> 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. </p></div><div n="3" subtype="section" type="textpart"><p> 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! </p></div><div n="4" subtype="section" type="textpart"><p> 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. </p></div><div n="5" subtype="section" type="textpart"><p> 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. </p></div><div n="6" subtype="section" type="textpart"><p>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.
						</p></div><div n="7" subtype="section" type="textpart"><p> 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. </p></div></div></div><div n="4" subtype="book" type="textpart"><head>Book IV</head><head>The Growing Power of the Plebs</head><div n="1" subtype="chapter" type="textpart"><div n="1" subtype="section" type="textpart"><p>The<note anchored="true" type="sum" resp="ed" place="unspecified">The Law
								respecting the Intermarriage of Patricians and Plebeians.</note>
							consuls who succeeded were M. Genucius and C. Curtius. The year was a
							troubled one both at home and abroad. In the beginning of the year C.
							Canuleius, a tribune of the plebs, introduced a law with regard to the
							intermarriage of patricians and plebeians. </p></div><div n="2" subtype="section" type="textpart"><p> The patricians considered that their blood would be contaminated by it
							and the special rights of the houses thrown into confusion.<note anchored="true" n="1" resp="ed" place="unspecified"><emph>rights of houses.</emph> The <foreign xml:lang="lat">curies</foreign> each possessed their own religious ceremonies
								(see note 7, Book III.), and as an order they alone possessed the
								auspices, the qualifications for priesthood, and juristic knowledge;
								whilst each house had its own sacrifices.</note> Then the tribunes
							began to throw out hints about one consul being elected from the plebs,
							and matters advanced so far that nine tribunes brought in a measure
							empowering the people to elect consuls from the plebeians or the
							patricians as they chose. </p></div><div n="3" subtype="section" type="textpart"><p> The patricians believed that, if this were carried, the supreme power
							would not only be degraded by being shared with the lowest of the
							people, but would entirely pass away from the chief men in the State
							into the hands of the plebs. The senate were not sorry, therefore, </p></div></div></div></div></body></text></TEI>
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