The praetor wished the question to rest not on the precedents contained in the annals, which were obsolete from their antiquity, but on the usual practice in all the cases of most recent date; urging, that no flamen of Jupiter, in the memory of their fathers or their grandfathers, had taken up that privilege.

The tribunes giving it as their opinion, that justice required, that as the obliteration of the privilege was occasioned by the negligence of the flamens, the consequences ought to fall upon the flamens themselves, and not upon the office, led the flamen into the senate, with the general approbation of the fathers, and without any opposition, even from the praetor himself; while all were of opinion that the flamen had obtained his object more from the purity of his life, than any right appertaining to the priesthood.

The consuls, before they departed to their provinces, raised two legions for the city, and as many soldiers as were necessary to make up the numbers of the other armies.

The consul Fulvius appointed his brother, Caius Fulvius Flaccus, lieutenant-general, to march the old city army into Etruria, and to bring to Rome the legions which were in Etruria.

And the consul Fabius ordered his son, Quintus Fabius Maximus, to lead the remains of the army of Fulvius, which had been collected, amounting to three thousand three hundred and thirty-six, into Sicily to Marcus Valerius, the proconsul, and to receive from him two legions and thirty quinqueremes.