[125] The consuls under ordinary circumstances used to commence their office at this time on the Calends of August.
[126] Neque sacri neque sancti. Whatever is consecrated by religion is said to be sacrum; whilst sanctum is said of that which the law states to be inviolable.
[127] Exercitu relicto is the ordinary reading. Crevier observes that reducto is the more correct.
[128] This account does not seem to be correct. See Niebuhr ii. p. 254.
[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.
[130] Comitia, i. e. curiata, which exercised authority in the cases of persons accused of inflicting injuries on the patricians.
[131] Ad prohibenda circumdari opera. Stroth observes that it should be more properly ad prohibenda circumdanda opera, i. e. ad prohibendum, ne opera circumdarentur.
[132] Consulare, imperium tribunicio auxilio.—The consuls possessed imperium. The tribunes could not be said to possess it. Their province was confined to auxilii latio, sc. adversus consules.
[133] It is extraordinary that Livy makes no mention here of Siccius Dentatus, and his strenuous exertions in endeavouring to carry the agrarian law, as well as of his angry contentions with the consuls. For his character, see Dion. x. 31, 32.
[134] Impedimentum. The fact of his presiding at the meeting should have been a bar to his being elected a decemvir.