This gave rise to a new controversy; for when the tribune, who had twice prosecuted him as for a finable offence, now, on the third occasion, declared that he prosecuted him capitally; the tribunes of the commons being appealed to, said, "they would not prevent their colleague from proceeding, as he was permitted according to the custom of their ancestors, in the manner he himself preferred, whether according to the laws or to custom, until he had obtained judgment against a private individual, convicting him either of a capital or finable offence."
"The History of Rome; Books Nine to Twenty-Six"
Titus Livius