Owing to the clamour the law was hardly heard, and the tribunes of the plebs declared that there was no impediment here; they would make a proposition to the Assembly that he should be exempt from its provisions.

He, however, persisted in his refusal, and repeatedly asked what was the object in making laws if they were deliberately broken by those who made them; “we,” said he,“are now ruling the laws instead of the laws ruling us.”

Notwithstanding his opposition the people began to vote, and as each century was called in, it declared without the slightest hesitation for Fabius. At last, yielding to the general desire of his countrymen, he said, “May the gods approve what you have done and what you are going to do. Since, however, you are going to have your own way as far as I am concerned, give me the opportunity of using my influence with you so far as my colleague is concerned.

I ask you to elect as my fellow-consul, P. Decius, a man whom I have found to work with me in perfect harmony, a man who is worthy of your confidence, worthy of his illustrious sire.” He spoke while the voting was still going on; probably only the centuria praerogativa had voted so far. The order in which the centuries were called up to vote was decided by lot, and the first was called the “prerogative century.” The decision by lot, which played such a large part in the political administration, was regarded as the work of the gods, and therefore the vote of the prerogative century had often a determining influence on the result of the election.

The recommendation was felt to be well deserved, and all the centuries which had not yet voted elected Q. Fabius and P. Decius consuls. During the year a large number of people were prosecuted by the aediles for occupying more than the legal quantity of land. Hardly one could clear himself from the charge, and a very strong curb was placed upon inordinate covetousness.

TheBattle near Tifernum. consuls were busy with their arrangements for the campaign, deciding which of them should deal with the Etruscans, and which with the Samnites, what troops they would each require, which field of

operations each was best fitted for, when envoys arrived from Sutrium, Nepete, and Falerii bringing definite information that the local assemblies of Etruria were being convened to decide upon a peace policy.

On the strength of this information the whole weight of war was turned against the Samnites. In order to facilitate the transport of supplies, and also to make the enemy more uncertain as to the line of the Roman advance, Fabius led his legions by way of Sora, while Decius proceeded through the Sidicine district.

When they had crossed the frontiers of Samnium they marched on a widely extended front, laying the country waste as they went on.