Volscians and Æquans also unite their shattered strength. This was the
third battle on that year; the same good fortune gave them victory; the
enemy being beaten, their camp was also taken.
[Footnote 113: As _præfectus urbis_.]
9. Thus affairs at Rome returned to their former state; and successes
abroad immediately excited commotions in the city. Caius Terentillus
Arsa[114] was tribune of the people in that year: he, considering that
an opportunity was afforded for tribunitian intrigues during the absence
of the consuls, after railing against the arrogance of the patricians
for several days before the people, inveighed chiefly against the
consular authority, as being exorbitant and intolerable in a free state:
"for that, in name only, it was less invidious, in reality almost more
oppressive than that of kings. For that two masters had been adopted
instead of one, with unbounded, unlimited power; who, themselves
unrestrained and unbridled, directed all the terrors of the law, and all
kinds of severity against the commons." Now, in order that this
licentious power might not continue perpetual, he would propose a law,
that five persons be appointed to draw up laws regarding the consular
power. That the consul should use that right which the people may give
him over them; that they should not hold their own caprice and
licentiousness as law. This law being published, when the patricians
became afraid, lest, in the absence of the consuls, they should be
subjected to the yoke, the senate is convened by Quintus Fabius, præfect
of the city, who inveighed so vehemently against the bill and the author
of it, that nothing was omitted of threats and intimidation, even though
both the consuls in all their exasperation surrounded the tribune, "that
he had lain in wait, and, watching his opportunity, he made an attack on
the commonwealth. If the gods in their anger had given them any tribune
like him on the preceding year, during the pestilence and war, he could
not have been withstood. Both the consuls being dead, and the exhausted
state lying enfeebled in universal confusion, that he would have
proposed laws to abolish the consular government altogether from the
state; that he would have headed the Volscians and Æquans to attack the
city. What? if the consuls adopted any tyrannical or cruel proceedings
against any of the citizens, was it not competent to him to appoint a
day of trial for him; to arraign him before those very judges against
any one of whom severity may have been exercised? That it was not the
consular authority but the tribunitian power that he was rendering
hateful and insupportable: which having been peaceable and reconciled to
the patricians, was now about to be brought back anew to its former
mischievous habits. Nor would he entreat him not to go on as he
commenced. Of you, the other tribunes, says Fabius, we request, that
you will first of all consider that that power was provided for the aid
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