Ab urbe condita

Titus Livius (Livy)

Livy. History of Rome, Volumes 1-2. Roberts, Canon, Rev, translator. London, New York: J. M. Dent and Sons; E. P. Dutton and Co., 1912.

[*](Decision of the Roman People respecting the Domain of Corioli)This honourable victory won from an enemy was sullied by a disgraceful decision

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,

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

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

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

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'

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,

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.

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.