erning 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 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 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 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.

[Footnote 129: _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 _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_, 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
innocence.]

[Footnote 130: _Comitia_, i. e. _curiata_, which exercised authority in
the cases of persons accused of inflicting injuries on the patricians.]

25. Lucius Minucius and Caius Nautius being next elected consuls, took
up the two causes