[1785] Postumius, consul in 294, when refused a triumph by the senate, refrained from bringing the case before the people because he foresaw tribunician resistance, but declared his intention to triumph by right of his consular imperium; Livy x. 37. 6-12; Dion. Hal. xvii, xviii. 5. 3 (18); Act. Triumph. Capit. in CIL. i². p. 45. Q. Minucius, consul in 197, when refused by the senate, asserted that he would triumph on the Alban Mount, also by right of his consular imperium and after the example of many illustrious men; Livy xxxiii. 23. 3; CIL. i². p. 48; cf. Mommsen, Röm. Forsch. i. 214 f.; Röm. Staatsr. iii. 134.
[1786] P. 273, 284.
[1787] Cf. Livy iv. 20. 1; vi. 42. 8.
[1788] P. 285; cf. p. 301.
[1789] Cic. Rep. ii. 37. 63; Livy iv. 1-6; Flor. i. 17. 25. The commonly accepted theory that this decemviral enactment merely confirmed a custom which had existed from the beginning of Rome is supported neither by the sources nor by a comparison of early usage in other states.
[1790] P. 234.
[1791] P. 286.
[1792] Livy iii. 71 f.; Dion. Hal. xi. 52. Herzog, Röm. Staatsverf. i. 198, n. 4, finds difficulties in the details; but we are not warranted in denying the truth of the event on the ground of irregularity in the proceedings, even while we admit that much is uncertain in the history of the period to which the act is assigned.
[1793] P. 230, 283.
[1794] The institution of new offices and the increase in number within existing magisterial colleges by act of the centuries (cf. p. 234) is merely the application of a long-recognized popular right.