Ab urbe condita

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.

The[*](The Law respecting the Intermarriage of Patricians and Plebeians.) 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.

The patricians considered that their blood would be contaminated by it and the special rights of the houses thrown into confusion.[*](rights of houses. The curies 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.) 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.

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,

to hear that Ardea had revolted as a consequence of the unjust decision about the territory, that the Veientines had ravaged the districts on the Roman frontier, and that the Volscians and Aequi were protesting against the fortifying of Verrugo;

so much did they prefer war, even when unsuccessful, to an ignominious peace. On receiving these reports-which were somewhat exaggerated-the senate tried to drown the voice of the tribunes in the uproar of so many wars by ordering a levy to be made and all preparations for war pushed on with the utmost vigour, more so, if possible, than during the consulship of T. Quinctius.

Thereupon C. Canuleius addressed the senate in a short and angry speech. It was, he said, useless for the consuls to hold out threats in the hope of distracting the attention of the plebs from the proposed law; as long as he was alive they should never hold a levy until the plebs had adopted the measures brought forward by himself and his colleagues. He at once convened an Assembly.