use they had long since laid aside the custom
of consulting the senate, it attracted the attention of the people, who
expressed their surprise: "What could have happened, that after so long
an interval they should revive a practice now discontinued. That they
had reason to return thanks to the enemy and to war, that any thing was
done that used to be done when their state was free." They looked around
for a senator through all parts of the forum, and seldom recognised one
any where: they then directed their attention to the senate-house, and
to the solitude around the decemvirs: whilst both they themselves
referred the non-assembling of the patricians to their own universally
detested government, and the commons (would have it, that the cause of
the non-assembling was) because, being but private citizens, they (the
decemvirs) had no right to convene the senate;[141] "that a head was
now formed of those who would demand back their liberty, if the commons
would but accompany the senate, and as the patricians, when summoned,
did not attend the senate, so the commons also should refuse to enlist."
Such were the remarks of the commons. There was scarcely any of the
patricians in the forum, and but very few in the city. In disgust with
the state of affairs, they had retired into the country, and were
attending to their own affairs, renouncing all public concerns,
considering that they themselves were aloof from ill-treatment in
proportion as they should remove themselves from the meeting and
converse of their imperious masters. When those who had been summoned
did not assemble, apparitors were despatched to their houses, both to
levy the penalties,[142] and to ascertain whether they declined
attendance through design? They bring back word that the senate was in
the country. This was more pleasing to the decemvirs, than if they
brought word that they were present and refused obedience to their
commands. They command them all to be sent for, and proclaim a meeting
of the senate for the following day; which congregated together in much
greater numbers than they themselves had expected. By which proceeding
the commons considered that their liberty was betrayed by the
patricians, because the senate had obeyed those persons, as if they had
a right to compel them, who had already gone out of office; and were but
private individuals, were it not for the violence employed by them.[143]

[Footnote 140: _Inhibendum_, sc. _adhibendum_--th