24.
This war being concluded, a tribunitian war at home alarms the senate. They exclaim, "that the detaining the army abroad was done for a fraudulent motive: that such frustration was for the purpose of doing away with the law; that they, however, would go through with the matter undertaken by them.
[2]
Publius Lucretius, however, the praefect of the city, so far prevailed that the proceedings of the tribunes were postponed till the arrival of the consuls. A new cause of disturbance also arose.
[3]
Aulus Cornelius and Quintus Ser- [p. 188]vilius, quaestors, appoint a day of trial for Marcus Volscius, because he had come forward as a manifestly false witness against Caeso. For it appeared by many proofs, that the brother of Volscius, from the time he first became ill, not only never appeared in public, but that he had not even arisen from his sick bed, and that he died of an illness of several months' standing;
[4]
and that at the time to which the witness had referred the commission of the crime, Caeso had not been seen at Rome: those who served in the army with him, positively stating that at that time he had constantly attended at his post with them without any leave of absence.
[5]
Many persons proposed on their own private responsibility to Volscius to have a judicial decision on the matter.1 As he would not venture to go to trial, all these matters coinciding rendered the condemnation of Volscius no less certain. than that of Caeso
[9]
had been on the testimony of Volscius. The tribunes occasioned a delay, who said that they would not suffer the quaestors to hold the assembly2 concerning the accused, unless it was first held concerning the law. Thus both matters were spun out till the arrival of the consuls. When they entered the city in triumph with their victorious army, because silence was (observed) with regard to the law, many thought that the tribunes were struck with dismay. But they, (for it was now the close of the year,) desirous of obtaining a fourth tribuneship, had turned
[10??]
away their efforts from the law to canvassing for the elections; and when the consuls strove with no less strenuousness than if the law in question were proposed for [p. 189]the purpose of lessening their own dignity, the victory in the contest was on the side of the tribunes. On the same year peace was granted to the Aequi on their suing for it. The census, a matter commenced on the preceding year, is
[11??]
completed. The number of citizens rated were one hundred and seventeen thousand three hundred and nineteen. The consuls obtained great glory this year both at home and in war, because they both re-established peace abroad and at home; though the state was not in a state of absolute concord, yet it was less disturbed than at other times.
1 Ni ita esset, a legal form of expression, amounting in this place to “if Volscius attempted to deny it.” Privatim. Besides the quaestors who by virtue of their office were to prosecute Volscius, many persons on their own account, and on their private responsibility, cited him into court, and challenged him to discuss the case before a judge. A prosecutor was said [6] ferre judicem res, when he proposed to the accused person some one out of the judices selecti, before whom the case might be tried; if the accused person consented to the person named by prosecutor, then the judge was said convenisse, [7] to have been agreed on. Sometimes the accused was allowed to select his own judge, judicem dicere. When both the prosecutor and the accused agreed as to the judge, they presented a joint petition to the praetor that he would appoint (ut daret) that person to try the cause; at the same time they both bound themselves to pay a certain sum, the one if he did not establish his charge, ni ita esset; the other if he did not prove his [8] innocence.
2 Comitia, i. e. curiata, which exercised authority in the cases of persons accused of inflicting injuries on the patricians.
Livy. History of Rome by Titus Livius, the first eight Books. literally translated, with notes and illustrations, by. D. Spillan. York Street, Covent Garden, London. Henry G. Bohn. John Child and son, printers. 1857. 1.
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