[Footnote 129: _Ni ita esset_, a legal form of expression, amounting in this place to "if Volscius attempted to deny it." _Privatim_. Besides the quæstors 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 prætor 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 which lay over since the preceding year. The consuls obstructed the law, the tribunes the trial of Volscius in the same manner: but in the new quæstors there was greater power, and greater influence. With Marcus Valerius, son of Valerius and grandson of Volesus, Titus Quintius Capitolinus, who had been thrice consul, was appointed quæstor. Since Cæso could neither be restored to the Quintian family, nor could he, though a most promising young man, be restored to the state, he justly, and as in duty bound, prosecuted the false witness who had deprived an innocent person of the power of pleading his cause. When Virginius in particular and the (other) tribunes were promoting the passing of the law, the space of two months was allowed to the consuls to examine into the law: so that, when they had satisfied the people, as to what secret designs were concealed under it, they should then allow them to give their votes. The granting this respite established tranquillity in the city. The Æqui however did not allow them long rest; who, in violation of the treaty which had been made with the Romans the year before, confer the chief command on Gracchus Clælius. He was then the leading man amongst the Æqui. Under the command of Gracchus they carry hostile depredations into the district of Lavici, from thence into that of Tusculum, and laden with booty they pitch their camp at Algidum. To that camp Quintus Fabius, Publius Volumnius, Aulus Posthumius, come to complain of the wrongs committed, and to demand restitution in accordance with the treaty. The general of the Æqui commands them "to deliver to the oak whatever instructions they brought from the Roman