§3.72.1consules, 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.
§3.72.2cum iis circumire tribus, orare, 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.
§3.72.3nam 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?
§3.72.4Scaptione 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?
§3.72.5sed populum Romanum quadruplatoris et interceptoris litis alienae personam laturum.
Scaptius indeed would be famous by this image; but the Roman people would bear the character of an embezzler and a thief of another's lawsuit.
quem enim hoc privatae rei iudicem fecisse, ut sibi controversiosam adiudicaret rem?
For who ever made such a person a judge in a private matter, that he should adjudge the disputed property to himself?
§3.72.6Scaptium ipsum id quidem, etsi praemortui iam sit pudoris, non facturum.
Even Scaptius himself, though he was of a shame already dead, would not do that.
haec consules, haec patres vociferantur; sed plus cupiditas et auctor cupiditatis Scaptius valet.
Thus the consuls, thus the patricians cried out; but greed and Scaptius, the author of that greed, had more power.
vocatae tribus iudicaverunt agrum publicum populi Romani esse.
The tribes, being called, decided that the land was the public property of the Roman people.
§3.72.7nec abnuitur ita fuisse, si ad iudices alios itum foret; nunc haud sane quicquam bono causae levatur dedecus iudicii.
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.
idque non Aricinis Ardeatibusque quam patribus Romanis foedius atque acerbius visum.
And this seemed no less foul and bitter to the Roman patricians than to the Aricini and Ardeates.
reliquum anni quietum ab urbanis motibus et ab externis mansit.
The remainder of the year remained quiet both from domestic disturbances and from foreign wars.