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 quaestors 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 quaestor.
Since Caeso 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 Aequi 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 Claelius. He was then the leading man amongst the Aequi.
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 Aequi commands them “to deliver to the oak whatever instructions they brought from the Roman senate; that he in the mean time should attend to [p. 190]
other matters.” A large oak tree hung over the praetorium, 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 Aequi. 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.