39. After this dispute was ended, another immediately arose, in consequence of the death of a prætor, Caius Decimius. There stood candidates for his place, Cneius Sicinius and Lucius Pupius, who had been ædiles the year before; Caius Valerius, the flamen of Jupiter, and Quintus Fulvius Flaccus, who, though he did not appear in the white gown, because he was curule ædile elect, yet pressed his suit with more warmth than any of them. The contest lay between him and the priest of Jupiter. Fulvius at the beginning seemed to have an equal chance with the flamen, and afterwards surpassed him; on which, some of the plebeian tribunes insisted that no account should be taken of him, because one person could neither hold nor administer two offices, especially curule ones, at the same time; while others of them thought it proper that he ought to be exempted from the laws, in order that the people might have the power of electing prætor the person whom they wished. The consul, Lucius Porcius, was, from the beginning, inclined to refuse admitting him a candidate; and afterwards, wishing to have the countenance of the senate in so doing, he called the members together, and told them that “he desired their judgment in the case where a curule ædile elect, without any colour of law, and setting a precedent insufferable in a free state, stood candidate for the prætorship; for his part, unless they determined otherwise, he intended to hold the election according to law.” The senate voted, that the consul, Lucius Porcius, should recommend to Quintus Fulvius, not to obstruct the elections for substituting a prætor in the room of Caius Decimius from proceeding according to law. When the consul, in pursuance of this decree, applied to him on the subject, he answered, that “he would do nothing unworthy of himself,” by which indeterminate answer he left room for people to interpret his intention agreeably to their wish, and that he meant to submit to the direction of the senate. But, in the assembly, he urged his pretensions with more eagerness than ever: alleging as a charge, that the kindness of the Roman people was being wrested from him, and an odium excited against him on account of his suing for a second post of honour; as if it were not manifest that, when elected præter, he must instantly abdicate the ædileship. The consul, seeing the candidate’s obstinacy increase, and the public favour incline to him more and more, dissolved the assembly, and summoned a meeting of the senate; where, in a full house, they passed a vote, that “inasmuch as the directions of the senate had produced no effect on Flaccus, the affair concerning him should be laid before the people.” A general assembly being summoned, when the consul made a full representation of the matter, Fulvius, not even then swerving from his determination, returned thanks to the Roman people “for the great zeal which they had shown in their desire to make