The senate was assembled in the Capitol. Thither the tribunes come with the commons in great consternation: the populace, with loud clamours, implore the protection now of the consuls, now of the patricians: nor could they make the consul recede from his determination, until the tribunes promised that they would be under the direction of the patricians. Then on the consul's laying before them the demands of the tribunes and commons, decrees of the senate are passed, "That neither the tribunes should propose the law during that year, and that the consuls should not lead the army from the city—that for the time to come, the senate decided that it was to the injury of the commonwealth, that the same magistrates should be continued, and the same tribunes be re-appointed." The consuls conformed to the authority of the senate, the tribunes were re-appointed notwithstanding the remonstrances of the consuls. The patricians also, that they might not yield to the commons in any particular, re-elected Lucius Quintius consul. No proceeding of the consul was urged with more warmth during the entire year. "Can I be surprised," says he, "if your authority is of little weight, conscript fathers? yourselves are disparaging it. Forsooth, because the commons have violated a decree of the senate, by re-appointing their magistrates, you yourselves also wish it to be violated, lest ye should yield to the populace in rashness; as if to possess greater power in the state consisted in having more of inconstancy and irregularity; for it is certainly more inconstant and greater folly, to do away with one's own decrees and resolutions, than those of others. Imitate, conscript fathers, the inconsiderate multitude; and ye, who should be an example to others, transgress by the example of others, rather than others should act correctly by yours, provided I imitate not the tribunes, nor suffer myself to be re-elected consul, contrary to a decree of the senate. But I advise you, Caius Claudius, that both you on your part restrain the Roman people from this licentiousness, and that you be persuaded of this on my part, that I shall so take it, as not to consider that my honour has been obstructed by you, but that the glory of declining the honour has been augmented, and the odium, which would hang over me from its being continued, has been lessened." Upon this they issue this order jointly: "That no one should attempt to make Lucius Quintius consul: if any one should do so, that they would not allow that vote."
The consuls elected were Quintus Fabius Vibulanus, a third time, and Lucius Cornelius Maluginensis. The census was performed that year; it was a matter of religious scruple that the lustrum should be closed, on account of the Capitol having been taken and the consul slain. In the consulate of Quintus Fabius and Lucius Cornelius, disturbances broke out immediately at the commencement of the year. The tribunes were urging on the commons. The Latins and Hernici brought word that a formidable war was in preparation on the part of the Volscians and Æqui; that the troops of the Volscians were now at Antium. Great apprehension was also entertained, that the colony itself would revolt: and with difficulty were the tribunes prevailed on to allow the war to take precedence. The consuls then divided the provinces between them. It was assigned to Fabius to march the legions to Antium; to Cornelius, to protect the city; lest any part of the enemy, as was the practice of the Æqui, should come to commit depredations. The Hernici and Latins were ordered to supply soldiers in conformity to the treaty; and in the army two parts consisted of allies, one part of natives. When the allies came to the day already appointed, the consul pitches his camp outside the Capuan gate. Then, after the army was purified, he set out for Antium, and encamped not far from the town, and standing camp of the enemy. Where, when the Volscians, not venturing to risk an engagement, were preparing to protect themselves quietly within their ramparts, on the following day Fabius drew up not one mixed army of allies and citizens, but three separate bodies of the three states around the enemy's works. He himself was in the centre with the Roman legions. He ordered them to watch for the signal from thence, so that the allies might both commence the action together, and retire together, if he should sound a retreat. He placed their cavalry in the rear of each division. Having thus assailed the camp in three different points, he surrounds it; and when he pressed on from every side, he dislodges from the rampart the Volscians, not able to sustain his attack. Having then crossed the fortifications, he expels from the camp the crowd who were dismayed and inclining towards one direction. Upon this the cavalry, who could not easily pass over the rampart, having stood by up to that period mere spectators of the fight, having come up with them whilst flying in disorder on the open plain, enjoys a share of the victory, by cutting down the affrighted troops. The slaughter of them as they fled was great, both in the camp and outside the lines; but the booty was still greater, because the enemy were scarcely able to carry off their arms with them; and their entire army would have been destroyed, had not the woods covered them in their flight.
Whilst these transactions are taking place at Antium, the Æqui, in the mean while, sending forward the main strength of their youth, surprise the citadel of Tusculum by night, and with the rest of their army they sit down at no great distance from the walls of Tusculum, so as to divide the forces of the enemy. This account being quickly brought to Rome, and from Rome to Antium, affect the Romans not less than if it was told them that the Capitol was taken; so recent were both the services of the Tusculans, and the very similitude of the danger seemed to require a return of the aid that had been afforded. Fabius, giving up every other object, removes the booty hastily from the camp to Antium. Having a small garrison there, he hurries on his army by forced marches to Tusculum. The soldiers were allowed to carry nothing but their arms, and whatever dressed provision was at hand. The consul Cornelius sends provisions from Rome. The war was carried on at Tusculum for several months. With one part of his army the consul assailed the camp of the Æqui; a part he had given to the Tusculans to recover their citadel. They never could have made their way to it by force. Famine at length withdrew the enemy from it. And when they came to this at last, they were all sent under the yoke by the Tusculans, unarmed and naked. These, when betaking themselves home by an ignominious flight, were overtaken by the Roman consul on Algidum and cut off to a man. After this victory, having marched back[127] his army to Columen, (that is the name of the place,) he pitches his camp. The other consul also, as soon as the Roman walls ceased to be in danger, the enemy being defeated, set out from Rome. Thus the consuls, having entered the territories of the enemies on two different sides, strenuously vie with each other in depopulating the Volscians on the one hand, the Æqui on the other. I find in some writers that the people of Antium revolted[128] the same year. That Lucius Cornelius, the consul, conducted that war and took the town, I would not venture to affirm for certain, because no mention is made of the matter among the older writers.
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." Publius Lucretius, however, the præfect 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. Aulus Cornelius and Quintus Servilius, quæstors, appoint a day of trial for Marcus Volscius, because he had come forward as a manifestly false witness against Cæso. 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; and that at the time to which the witness had referred the commission of the crime, Cæso 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. Many persons proposed on their own private responsibility to Volscius to have a judicial decision on the matter.[129] As he would not venture to go to trial, all these matters coinciding rendered the condemnation of Volscius no less certain than that of Cæso had been on the testimony of Volscius. The tribunes occasioned a delay, who said that they would not suffer the quæstors to hold the assembly[130] 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 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 Æqui 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.
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 senate; that he in the mean time should attend to other matters." A large oak tree hung over the prætorium, the shade of which constituted a pleasant seat. Then one of the ambassadors, when departing, says, "Let both this consecrated oak and all the gods hear the treaty violated by you, and favour both our complaints now, and our arms presently, when we shall simultaneously avenge the rights of gods and men as violated by you." As soon as the ambassadors returned to Rome, the senate ordered one of the consuls to lead his army against Gracchus at Algidum, to the other they assigned as his province the laying waste of the country of the Æqui. The tribunes, according to their practice, attempted to obstruct the levy; and probably would have eventually prevented it, but a new cause of alarm was suddenly added.