§39.39.1hac sedata contentione alia subinde C. Decimii praetoris morte exorta est.
Once this dispute was settled, another immediately arose upon the death of the praetor Gaius Decimius.
§39.39.2Cn. Sicinius et L. Pupius, qui aediles proximo anno fuerant, et C. Valerius flamen Dialis et Q. Fulvius Flaccus — is quia aedilis curulis designatus erat, sine toga candida, sed maxima ex omnibus contentione — petebant; §39.39.3certamenque ei cum flamine erat.
Gnaeus Sicinius and Lucius Pupius, who had been aediles the previous year, Gaius Valerius, the flamen Dialis, and Quintus Fulvius Flaccus — who, because he was the curule aedile designate, did not wear the white toga, but campaigned with the greatest intensity of them all — were seeking the office; and the contest for him was with the flamen.
et postquam primo aequare, mox superare etiam est visus, pars tribunorum plebis negare rationem eius habendam esse, §39.39.4quod duos simul unus magistratus, praesertim curules, neque capere posset nec gerere; pars legibus eum solvi aequum censere, ut quem vellet praetorem creandi populo potestas fieret.
And when he seemed at first to equal and soon even to surpass him, part of the tribunes of the plebs declared that his candidacy ought not to be considered, since one magistrate could neither hold nor exercise two offices at the same time, especially curule ones; another part thought it fair that he should be exempted from the laws, so that the people might have the power to make whomsoever they wished praetor.
§39.39.5L. Porcius consul primo in ea sententia esse, ne nomen eius acciperet; §39.39.6deinde, ut ex auctoritate senatus idem faceret, convocatis patribus referre se ad eos dixit, quod nec iure ullo nec exemplo tolerabili liberae civitati aedilis curulis designatus praeturam peteret; sibi, nisi quid aliud iis videretur, in animo esse e lege comitia habere.
The consul Lucius Porcius was at first of the opinion that he should not accept his name; then, in order to act on the authority of the senate, he called the fathers together and said that he was referring the matter to them because a curule aedile designate was seeking the praetorship by no right and by no precedent tolerable to a free state; and that, unless they thought otherwise, it was his intention to hold the assembly in accordance with the law.
§39.39.7patres censuerunt, uti L. Porcius consul cum Q. Fulvio ageret, ne impedimento esset, quo minus comitia praetoris in locum C. Decimii subrogandi e lege haberentur.
The fathers decreed that the consul Lucius Porcius should treat with Quintus Fulvius, so that he would not be an obstacle to holding the election for a praetor to be substituted in place of Gaius Decimius according to the law.
§39.39.8agenti consuli ex senatus consulto respondit Flaccus iihil, quod se indignum esset, facturum.
To the consul treating with him by the decree of the senate, Flaccus replied that he would do nothing unworthy of himself.
medio responso spemn ad voluntatem interpretantibus fecerat cessurum patrum auctoritati esse.
By this ambiguous reply, he had given hope to those who interpreted it according to their own wishes that he would yield to the authority of the fathers.
§39.39.9comitiis acrius etiam quam ante petebat criminando, extorqueri sibi a consule et senatu populi Romani beneficium, et invidiam fieri geminati honoris, tamquam non appareret, ubi designatus praetor esset, extemplo aedilitate se abdicaturum.
At the election, he campaigned even more fiercely than before by charging that the favor of the Roman people was being wrested from him by the consul and the senate, and that ill-will was being stirred up against a doubled honor, as if it were not obvious that as soon as he was designated praetor, he would immediately resign his aedileship.
consul cum §39.39.10et pertinaciam petentis crescere et favorem populi magis magisque in eum inclinari cerneret, dimissis comitiis senatum vocavit.
When the consul saw both that the persistence of the candidate was growing and that the favor of the people was inclining more and more towards him, he dismissed the assembly and called the senate.
censuerunt frequentes, quoniam Flaccum auctoritas patrum nihil movisset, ad populum cum Flacco agendum.
A crowded meeting voted that, since the authority of the fathers had in no way moved Flaccus, they must treat with Flaccus before the people.
§39.39.11contione advocata cum egisset consul, ne tum quidem de sententia motus gratias populo Romano egit, quod tanto studio, quotienscumque declarandae voluntatis potestas facta esset, praetorem se voluisset facere: §39.39.12ea sibi studia civium suorum destituere non esse in animo.
When the consul had treated with him in a summoned assembly, not even then moved from his opinion, he thanked the Roman people because with such great zeal, whenever the power of declaring their will had been given, they had wished to make him praetor; he said that it was not his intention to fail those efforts of his fellow citizens.
haec vero tam obstinata vox tantum ei favorem accendit, ut haud dubius praetor esset, si consul accipere nomen vellet.
Indeed, this so obstinate utterance kindled such great favor for him that he would have been praetor beyond doubt if the consul had been willing to accept his name.
§39.39.13ingens certamen tribunis et inter se ipsos et cum consule fuit, donec senatus a consule est habitus decretumque: §39.39.14quoniam praetoris subrogandi comitia ne legibus fierent, pertinacia Q. Flacci et prava studia hominum impedirent, senatum censere satis praetorum esse; §39.39.15P. Cornelius utramque in urbe iurisdictionem haberet, Apollinique ludos faceret.
There was a huge struggle among the tribunes, both among themselves and with the consul, until the senate was held by the consul and decreed: that since the obstinacy of Quintus Flaccus and the perverse zeal of men prevented the election for substituting a praetor from being held in accordance with the laws, the senate judged that there were enough praetors; and that Publius Cornelius should have both jurisdictions in the city and should celebrate the games for Apollo.