The affair came at length to be discussed before the people, and the consul being summoned to attend, when he represented, that Marcus Horatius and Lucius Valerius, when consuls, and lately Caius Marcus Rutilus, father of the present censor, had triumphed, not by direction of the senate, but by that of the people; he then added that "he would in like manner have laid his request before the public, had he not known that some plebeian tribunes, the abject slaves of the nobles, would have obstructed the law.

That the universal approbation and will of the people were and should be with him equivalent to any order whatsoever." Accordingly, on the day following, by the support of three plebeian tribunes, in opposition to the protest of the other seven, and the declared judgment of the senate, he triumphed; and the people paid every honour to the day.

The historical accounts regarding this year are by no means consistent; Claudius asserts, that Postumius, after having taken several cities in Samnium, was defeated and put to flight in Apulia; and that, being wounded himself, he was driven, with a few attendants, into Luceria.

That the war in Etruria was conducted by Atilius, and that it was he who triumphed.

Fabius writes, that the two consuls acted in conjunction, both in Samnium and at Luceria; that an army was led over into Etruria, but by which of the consuls he has not mentioned; that at Luceria, great numbers were slain on both sides; and that in that battle, the temple of Jupiter Stator was vowed, the same vow having been formerly made by Romulus, but the fane only, that is, the area appropriated for the temple, had been yet consecrated.
However, in this year, the state having been twice bound by the same vow, it became a matter of religious obligation that the senate should order the temple to be erected.
38.