⁴²³ It was during this year that Cn. Flavius, the son of a freedman, born in a humble station of life, but a clever plausible man, became curule aedile. I find in some annalists the statement that at the time of the election of aediles he was acting as apparitor to the aediles, and when he found that the first vote was given in his favour, and was disallowed on the ground that he was a clerk, he laid aside his writing tablet and took an oath that he would not follow that profession. Licinius Macer, however, attempts to show that he had given up the clerk's business for some time as he had been a tribune of the plebs, and had also twice held office as a triumvir, the first time as a triumvir nocturnus,⁴²⁴ and afterwards as one of the three commissioners for settling a colony. However this may be, there is no question that he maintained a defiant attitude towards the nobles, who regarded his lowly origin with contempt. He made public the legal forms and processes which had been hidden away in the closets of the pontiffs; he exhibited a calendar written on whitened boards in the Forum, on which were marked the days on which legal proceedings were allowed; to the intense disgust of the nobility he dedicated the temple of Concord on the Vulcanal. At this function the Pontifex Maximus, Cornelius Barbatus, was compelled by the unanimous voice of the people to recite the usual form of devotion in spite of his insistence that in accordance with ancestral usage none but a consul or a commander-in-chief could dedicate a temple. It was in consequence of this that the senate authorised a measure to be submitted to the people providing that no one should presume to dedicate a temple or an altar without being ordered to do so by the senate or by a majority of the tribunes of the plebs.

I will relate an incident, trivial enough in itself, but affording a striking proof of the way in which the liberties of the plebs were asserted against the insolent presumption of the nobility. Flavius went to visit his colleague, who was ill. Several young nobles who were sitting in the room had agreed not to rise when he entered, on which he ordered his curule chair to be brought, and from that seat of dignity calmly surveyed his enemies, who were filled with unutterable disgust.

The elevation of Flavius to the aedileship was, however, the work of a party in the Forum who had gained their power during the censorship of Appius Claudius. For Appius had been the first to pollute the senate by electing into it the sons of freed- men, and when no one recognised the validity of these elections and he failed to secure in the Senate-house the influence which he had sought to gain in the City, he corrupted both the Assembly of Tribes and the Assembly of Centuries by distributing the dregs of the populace amongst all the tribes. Such deep indigna- tion was aroused by the election of Flavius that most of the nobles laid aside their gold rings and military decorations as a sign of mourning.

From that time the citizens were divided into two parties; the uncorrupted part of the people, who favoured and supported men of integrity and patriotism, were aiming at one thing, the "mob of the Forum" were aiming at something else. This state of things lasted until Q. Fabius and P. Decius were made censors. Q. Fabius, for the sake of concord, and at the same time to prevent the elections from being controlled by the lowest of the populace, threw the whole of the citizens of the lowest classthe mob of the Forum into four tribes and called them the City Tribes. Out of gratitude for his action, it is said, he received an epithet which he had not gained by all his victories, but which was now conferred upon him for the wisdom he had shown in thus adjusting the orders in the State the cognomen Maximus.

It is stated that he also instituted the annual parade of the cavalry on July 5.

BOOK X

303-293 B.C.

THE THIRD SAMNITE WAR