onsuls, shut up in private, transacted no
official business, except that which was wrung from them by a decree of
the senate, to nominate a dictator to preside at the elections. They
nominated Quintus Fabius Ambustus, and as master of the horse Publius
Aelius Paetus. But they having been irregularly appointed, there were
substituted in their room, Marcus Aemilius Papus dictator, and Lucius
Valerius Flaccus master of the horse. But neither did these hold the
elections: and the people being dissatisfied with all the magistrates
of that year, an interregnum ensued. The interreges were, Quintus
Fabius Maximus and Marcus Valerius Corvus, who elected consuls Quintus
Publilius Philo, and Lucius Papirius Cursor a second time; a choice
universally approved, for there were no commanders at that time of
higher reputation.

8. They entered into office on the day they were elected, for so it
had been determined by the fathers. When the customary decrees of the
senate were passed, they proposed the consideration of the Caudine
peace; and Publilius, who was in possession of the fasces, said,
"Spurius Postumius, speak:" he arose with just the same countenance
with which he had passed under the yoke, and delivered himself to this
effect: "Consuls, I am well aware that I have been called up first
with marked ignominy, not with honour; and that I am ordered to speak,
not as being a senator, but as a person answerable as well for an
unsuccessful war as for a disgraceful peace. However, since the
question propounded by you is not concerning our guilt, or our
punishment; waving a defence, which would not be very difficult,
before men who are not unacquainted with human casualties or
necessities, I shall briefly state my opinion on the matter in
question; which opinion will testify, whether I meant to spare myself
or your legions, when I engaged as surety to the convention, whether
dishonourable or necessary: by which, however, the Roman people are
not bound, inasmuch as it was concluded without their order; nor is
any thing liable to be forfeited to the Samnites, in consequence of
it, except our persons. Let us then be delivered up to them by the
heralds, naked, and in chains. Let us free the people of the religious
obligation, if we have bound them under any such; so that there may be
no restriction, divine or human, to prevent your entering on the war
anew, without violating either religion or justice. I am also of
opinion, that the consu