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Hay, and the walls of it, and the crowd who dwell in it, by which the city is inhabited. But in fact, in case of the destruction of this army, all these are betrayed, not preserved. For who will protect them ? An unwarlike and unarmed multitude, shall I suppose? Yes, just as they defended them against the attack of the Gauls. Will they call to their succour an army from Veii, with Camillus at its head ? Here, on the spot, I repeat, are all our hopes and strength ; by preserving which, we preserve our country; by delivering them up to death, we abandon and betray our country. But a surrender is shameful and ignominious. True: but such ought to be our affection for our country, that we should save it by our own disgrace, if necessity required, as freely as by our death. Let therefore that indignity be undergone, how great soever, and let us submit to that necessity which even the gods themselves do not overcome. Go, consuls, ransom the state for arms, which your ancestors ransomed with gold.”

5. The consuls having gone to Pontius to confer with him, when he talked, in the strain of a conqueror, of a treaty, they declared that such could not be concluded without an order of the people, nor without the ministry of the heralds, and the other customary rites. Accordingly the Caudine peace was not ratified by settled treaty, as is commonly believed, and even asserted by Claudius, but by conventional sureties. For what occasion would there be either for sureties or hostages in the former case, where the ratification is performed by the imprecation, “ that whichever nation shall give occasion to the said terms being violated, may Jupiter strike that nation in like manner as the swine is struck by the heralds." The consuls, lieutenants-general, quæstors, and military tribunes, became sureties; and the names of all these who became sureties are extant; where, had the business been transacted by treaty, none would have appeared but those of the two heralds. On account of the necessary delay of the treaty, six hundred horsemen were demanded as hostages, who were to suffer death if the compact were not fulfilled ; a time was then fixed for delivering up the hostages, and sending away the troops disarmed. The return of the consuls renewed the general grief in the camp, insomuch that the men hardly refrained from offering violence to them, “by whose rashness," they said, "they had been brought into such a situation; and through whose cowardice they were likely to depart with greater disgrace than they came. They had employed no guide through the country, nur scouts; but were sent on blindly, like beasts into a pitfall.” They cast looks on each other, viewed earnestly the arms which they must presently surrender; while their persons would be subject to the will of the enemy: figured to themselves the hostile yoke, the scoffs of the conquerors, their haughty looks, and finally, thus disarmed, their march through the midst of an armed foe. In a word, they saw with horror the miserable journey of their dishonoured band through the cities of the allies; and their return into their own country, to their parents, whither themselves, and their ancestors, had so often come in triumph. Observing, that “they alone had been conquered without a fight, without a weapon thrown, without a wound; that they had not been permitted to draw their swords, nor to engage the enemy. In vain had arms, in vain had strength, in vain had courage been given them.” While they were giving vent to such grievous reflections, the fatal hour of their disgrace arrived, which was to render every circumstance still more shocking in fact, than they had preconceived it in their imaginations. First, they were ordered to go out, beyond the rampart, unarmed, and with single garments; then the hostages were surrendered, and carried into custody. The lictors were next commanded to depart from the consuls, and the robes of the latter were stripped off. This excited such a degree of commiseration in the breasts of those very men, who a little before, pouring execrations upon them, had proposed that they should be delivered up and torn to pieces, that every one, forgetting his own condition, turned



eyes from that degradation of so high a dignity, as from a spectacle too horrid to behold.

6. First, the consuls, nearly half naked, were sent under the yoke; then each officer, according to his rank, was exposed to disgrace, and the legions successively. The enemy stood on each side under arms, reviling and mocking them: swords were pointed at most of them, several were wounded and some even slain, when their looks, rendered too fierce by the indignity to which they were subjected, gave offence to the conquerors.

Thus were they led under the yoke ; and what was still more intolerable, under the eyes of the enemy.

Y. R. 433.]




When they had got clear of the defile, they seemed as if they had been drawn up from the infernal regions, and then for the first time beheld the light; yet, when they viewed the ignominious appearance of the army, the light itself was more painful to them than any kind of death could have been; so that although they might have arrived at Capua before night, yet, uncertain with respect to the fidelity of the allies, and because shame embarrassed them, in need of every thing, they threw themselves carelessly on the ground, on each side of the road: which being told at Capua, just compassion for their allies got the better of the arrogance natural to the Campanians. They immediately sent to the consuls their ensigns of office, the fasces and lictors; to the soldiers, arms, horses, clothes, and provisions in abundance: and, on their approach to Capua, the whole senate and people went out to meet them, and performed every proper office of hospitality, both public and private. But the courtesy, kind looks, and address of the allies, could not only not draw a word from them, but it could not even prevail on them to raise their eyes, or look their consoling friends in the face, so completely did shame, in addition to grief, oblige them to shun the conversation and society of these their friends.

Next day, when some young nobles, who had been sent from Capua, to escort them on their road to the frontiers of Campania, returned, they were called into the senate-house, and, in answer to the inquiries of the elder members, said, that “to them they seemed deeply sunk in melancholy and dejection ; that the whole body moved on in silence, almost as if dumb; the former genius of the Romans was prostrated, and that their spirit had been taken from them, together with their arms. Not one returned a salute, nor returned an answer to those who greeted them; as if, through fear, they were unable to utter a word; as if their necks still carried the yoke under which they had been sent. That the Samnites had obtained a victory, not only glorious, but lasting also; for they had subdued, not Rome merely, as the Gauls had formerly done, but what was a much more warlike achievement, the Roman courage.” When these remarks were made and attentively listened to, and the almost extinction of the Roman name was lamented in this assembly of faithful allies, Ofilius Calavius, son of Ovius, a man highly distinguished, both by his birth and conduct, and at this time

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further respectable on account of his age, is said to have declared that he entertained a very different opinion in the case. “ This obstinate silence,” said he, “those eyes fixed on the earth,—those ears deaf to all comfort,—with the shame of beholding the light,—are indications of a mind calling forth, from its inmost recesses, the utmost exertions of resentment. Either he was ignorant of the temper of the Romans, or that silence would shortly excite, among the Samnites, lamentable cries and groans; for that the remembrance of the Caudine peace would be much more sorrowful to the Samnites than to the Romans. Each side would have their own native spirit, wherever they should happen to engage, but the Samnites would not, every where, have the glens of Caudium.”

7. Their disaster was, by this time, well known at Rome also. At first, they heard that the troops were shut up;

afterwards the news of the ignominious peace caused greater affliction than had been felt for their danger. On the report of their being surro

rrounded, a levy of men was begun; but when it was understood that the army had surrendered in so disgraceful a manner, the preparations were laid aside; and immediately, without any public directions, a general mourning took place, with all the various demonstrations of grief. The shops were shut; and all business ceased in the forum, spontaneously, before it was proclaimed. Laticlaves and gold rings were laid aside: and the public were in greater tribulation, if possible, than the army itself; they were not only enraged against the commanders, the advisers and sureties of the peace, but detested even the unoffending soldiers, and asserted, that they ought not to be admitted into the city or its habitations. But these transports of passion were allayed by the arrival of the troops, which excited compassion even in the angry; for entering into the city, not like men returning into their country with unexpected safety, but in the habit and with the looks of captives, late in the evening; they hid themselves so closely in their houses, that, for the next, and several following days, not one of them could bear to come ir

1 In the original, lati clavi. The latus clavus was a tunic, o vest, ornamented with a broad stripe of purple on the fore part, worn by the senators; the knights wore a similar one, only ornamented with a narrower stripe. Gold rings were also used as badges of distinction, the coinmon people wore iron ones

sight of the forum, or of the public. The consuls, 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 Ælius Pætus. But they having been irregularly appointed, there were substituted in their room, Marcus Æmilius 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

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