The People's Unjust Decision to Claim the Disputed Land — Livy, History of Rome Book 3 (3.72.1–3.72.7), Latin & English

§3.72.1

consules, cum Scaptium non silentio modo, sed cum adsensu etiam audiri animadvertissent, deos hominesque testantes flagitium ingens fieri patrum primores arcessunt.

The consuls, when they noticed that Scaptius was heard not only in silence but even with approval, calling gods and men to witness that a monstrous scandal was being committed, summoned the leaders of the patricians.

§3.72.2

cum iis circumire tribus, orare,¹ ne pessimum facinus peiore exemplo admitterent iudices in suam rem litem vertendo, cum praesertim, etiam si fas sit curam emolumenti sui iudici esse, nequaquam tantum agro intercipiendo adquiratur, quantum amittatur alienandis iniuria sociorum animis.

With them they went round the tribes, entreating them not to commit a most shameful deed with a worse precedent by turning, as judges, the lawsuit to their own advantage; especially since, even if it were permissible for a judge to have care for his own profit, by no means so much would be acquired by seizing the land as would be lost by alienating the hearts of their allies through injustice.

§3.72.3

nam famae quidem ac fidei damna maiora esse, quam quae aestimari possent: hoc legatos referre domum, hoc vulgari, hoc socios audire, hoc hostes, quo cum dolore hos, quo cum gaudio illos?

For indeed, the losses of reputation and good faith were greater than could be estimated; that the ambassadors would carry this report home, that this would be spread abroad, that the allies would hear this, and the enemies—with what grief the former, with what joy the latter?

§3.72.4

Scaptione hoc, contionali seni, adsignaturos putarent finitimos populos? clarum hac fore imagine Scaptium;

Did they think that neighboring nations would attribute this to Scaptius, an old man of the assemblies? Scaptius indeed would be famous by this image;

§3.72.5

sed populum Romanum quadruplatoris et interceptoris litis alienae personam laturum. quem enim hoc privatae rei iudicem fecisse, ut sibi controversiosam adiudicaret rem?

but the Roman people would bear the character of an embezzler and a thief of another’s lawsuit. For what judge in a private matter had ever done this, so as to adjudge the disputed property to himself?

§3.72.6

Scaptium ipsum id quidem, etsi praemortui iam sit pudoris,² non facturum. haec consules, haec patres vociferantur; sed plus cupiditas et auctor cupiditatis Scaptius valet. vocatae tribus iudicaverunt agrum publicum populi Romani esse.

Even Scaptius himself, though he was of a shame already dead, would not do that. Thus the consuls, thus the patricians cried out; but greed and Scaptius, the author of that greed, had more power. The tribes, being called, decided that the land was the public property of the Roman people.

§3.72.7

nec abnuitur ita fuisse, si ad iudices alios itum foret;³ nunc haud sane quicquam bono causae levatur dedecus iudicii. idque non Aricinis Ardeatibusque quam patribus Romanis⁴ foedius atque acerbius visum. reliquum anni quietum ab urbanis motibus et ab externis mansit.

Nor is it denied that it was so, if they had gone to other judges; as it was, the dishonor of the decision was by no means lightened by the justice of the cause. And this seemed no less foul and bitter to the Roman patricians than to the Aricini and Ardeates. The remainder of the year remained quiet both from domestic disturbances and from foreign wars.

Syntax notes4 items

3.72.2circumire ... orare
Historical infinitives with the nominative (consules) as subject, equivalent to imperfect indicatives in the main clause.
3.72.6praemortui iam sit pudoris
Genitive of quality (pudoris) with the metaphorical 'praemortui' (already dead before him), describing an utter lack of shame.
3.72.7si ad iudices alios itum foret
Impersonal passive pluperfect subjunctive of the intransitive verb eo (to go), representing a past contrary-to-fact condition.
3.72.7non Aricinis Ardeatibusque quam patribus Romanis
The expression non ... quam does not mean 'less than,' but emphasizes a comparison meaning 'not less to the patricians than to the Aricini and Ardeates,' i.e., equally or even more disgraceful to them.

Translated by Gemini 3.5 Flash (published 2026-05-25) · Revision history (1, latest 2026-09-21)

2026-09-21 AI review — translation 1

urn:cts:latinLit:phi0914.phi001.humanitext-lat2:3.72.1-3.72.7