39.39
No
sooner was this dispute settled than a fresh one started on the death of the
praetor C. Decimius. The candidates for the vacant post were Cnaeus
Sicinius and L. Pupius, who had been aediles during the previous year; C.
Valerius, one of the Flamens of Jupiter, and Q. Fulvius Flaccus, who was
curule aedile designate, and therefore did not appear in a candidate's dress,
though he was most active of all in his canvassing. The contest lay between
him and the Flamen. At first they were level, but when he appeared to be
winning, some of the tribunes of the plebs said that votes must not be
accepted for him, because no one could accept or hold two magistracies,
especially curule magistracies, at the same time. Other tribunes thought it
only right that he should be exempted from the legal disability in order that
the people might be at liberty to elect whom they would as praetor. L.
Porcius, the consul, was at first disposed not to allow votes for him; then in
order to have the authority of the senate for doing this, he summoned the
senators and said that he referred the question to them because the
canvassing for a praetorship on the part of a curule aedile elect was not in
accordance with justice, nor would the precedent be one which a free
commonwealth could allow. As far as he was concerned, unless they thought
some other course desirable, he intended to conduct the election according
to law. The senate decided that the consul should come to an understanding
with Q. Fulvius not to prevent the election of a praetor in place of C.
Decimius from being conducted according to law. Acting on this resolution
the consul approached Flaccus. He replied that he would do nothing
unworthy of himself. Those who interpreted this evasive reply in accordance
with their wishes were led to hope that he would yield to the authority of the
senate. On the day of the election he displayed more determined activity than
ever, and accused the consul and the senate of trying to deprive him of the
goodwill and sympathy of the people of Rome, and creating odium against
him for aspiring to double honours, as if it were not perfectly obvious that as
soon as he was elected praetor he would resign the aedileship. When the
consul saw that he was becoming more obstinate, and the popular feeling
was more and more in his favour, he suspended the election and convened a
meeting of the senate. There was a full attendance, and they resolved that
since the authority of the senate had no weight with Flaccus, the case must
be brought before the people. The Assembly met and the consul laid the
matter before them. Not even then was Flaccus moved from his
determination. He expressed his gratitude to the Roman People for their
zealous support and their desire to make him praetor as often as they had the
opportunity of expressing their desire. He had no intention of forgoing the
zealous support which his fellow-citizens accorded him. The fixed
determination thus expressed kindled the popular enthusiasm to such an
extent that he would undoubtedly have become praetor, had the consul been
willing to accept votes for him. There was a heated dispute amongst the
tribunes themselves and between them and the consul, until at a meeting of
the senate convened by the consul it was decreed that whereas the obstinacy
of Q. Fulvius and the mischief of party strife prevented the election from
being conducted according to law, the senate considered that the number of
praetors was sufficient. P. Cornelius was to exercise both jurisdictions m the
City and also to celebrate the Games of Apollo.
