MARCELLUS. 267

than before. For the danger, they thought, was but the greater in proportion as Marcellus was of more vahie than Fulvius. He, as he had written, advancing into the territories of the Lucanians, came up to him at Numis- tro, and, the .enemy keeping himself upon the hills, pitched his camp in a level plain, and the next day drew forth his army in order for fight. Nor did Han- nibal refuse the challenge. They fought long and ob- stinately on both sides, victory yet seeming undecided, when, after three hours conflict, night hardly parted them. The next day, as soon as the sun was risen, Marcellus again brought forth his troops, and ranged them .among the dead bodies of the slain, challenging Hannibal to solve the question by another trial. When he dislodged and drew oflF, Marcellus, gathering up the spoils of the ene- mies, and burying the bodies of his slain soldiers, closely followed him. And though Hannibal often used strata- gems, and laid ambushes to entrap Marcellus, yet he could never circumvent him. By skirmishes, meantime, in all of which he was superior, Marcellus gained himself such high repute, that, when the time of the Comi- tia at Kome was near at hand, the senate thought fit rather to recall the other consul from Sicily, than to with- draw Marcellus from his conflict with Hannibal ; and on his arrival they bid him name Quintus Fulvius dictator. For the dictator is created neither by the people, nor by the senate ; but the consul or the prsetor, before the pop- ular assembly, pronounces him to be dictator, whom he himself chooses. Hence he is called dictator, dicerc mean- ing to name. Others say, that he is named dictator, be- cause his word is a law, and he orders what he pleases, without submitting it to the vote. For the Eomans call the orders of magistrates. Edicts. And now because Marcellus's colleague, who was re^ called from Sicily, had a mind to name another man die-