anew, without violating either religion or justice. I am also of opinion, that the consuls, in the mean time, enlist, arm, and lead out an army; but that they should not enter the enemy's territories before every particular, respecting the surrender of us, be regularly executed. You, O immortal gods! I pray and beseech that, although it has not been your will that Spurius Postumius and Titus Veturius, as consuls, should wage war with success against the Samnites, ye may yet deem it sufficient to have seen us sent under the yoke; to have seen us bound under an infamous convention; to have seen us delivered into the hands of our foes naked and shackled, taking on our own heads the whole weight of the enemy's resentment. And grant, that the consuls and legions of Rome may wage war against the Samnites, with the same fortune with which every war has been waged before we became consuls." On his concluding this speech, men's minds were so impressed with both admiration and compassion, that now they could scarce believe him to be the same Spurius Postumius who had been the author of so shameful a peace; again lamenting, that such a man was likely to undergo, among the enemy, a punishment even beyond that of others, through resentment for annulling the peace. When all the members, extolling him with praises, expressed their approbation of his sentiments, a protest was attempted for a time by Lucius Livius and Quintus Mælius, tribunes of the commons, who said, that "the people could not be acquitted of the religious obligation by the consuls being given up, unless all things were restored to the Samnites in the same state in which they had been at Caudium; nor had they themselves deserved any punishment, for having, by becoming sureties to the peace, preserved the army of the Roman people; nor, finally, could they, being sacred and inviolable, be surrendered to the enemy or treated with violence."

9. To this Postumius replied, "In the mean time surrender us as unsanctified persons, which ye may do, without offence to religion; those sacred and inviolable personages, the tribunes, ye will afterwards deliver up as soon as they go out of office: but, if ye listen to me, they will be first scourged with rods, here in the Comitium, that they may pay this as interest for their punishment being delayed. For, as to their denying that the people are acquitted of the re

ligious obligation, by our being given up, who is there so ignorant of the laws of the heralds, as not to know, that those men speak in that manner, that they themselves may not be surrendered, rather than because the case is really so? Still I do not deny, conscript fathers, that compacts, on sureties given, are as sacred as treaties, in the eyes of all who regard faith between men, with the same reverence which is paid to duties respecting the gods: but I insist, that without the order of the people, nothing can be ratified that is to bind the people. Suppose that, out of the same arrogance with which the Samnites wrung from us the convention in question, they had compelled us to repeat the established form of words for the surrendering of cities, would ye, tribunes, say, that the Roman people was surrendered? and, that this city, these temples, and consecrated grounds, these lands and waters, were become the property of the Samnites? I say no more of the surrender, because our having become sureties is the point insisted on. Now, suppose we had become sureties that the Roman people should quit this city; that they should set it on fire; that they should have no magistrates, no senate, no laws; that they should, in future, be ruled by kings: the gods forbid, you say. But, the enormity of the articles lessens not the obligation of a compact. If there is any thing in which the people can be bound, it can in all. Nor is there any importance in another circumstance, which weighs, perhaps, with some: whether a consul, a dictator, or a prætor, be the surety. And this, indeed, was what even the Samnites themselves proved, who were not satisfied with the security of the consuls, but compelled the lieutenants-general, quæstors, and military tribunes to join them. Let no one, then, demand of me, why I entered into such a compact, when neither such power was vested in a consul, and when I could not, either to them, insure a peace, of which I could not command the ratification; or in behalf of you, who had given me no powers. Conscript fathers, none of the transactions at Caudium were directed by human wisdom. The immortal gods deprived of understanding both your generals and those of the enemy. On the one side we acted not with sufficient caution in the war; on the other, they throw away a victory, which through our folly they had obtained, while they hardly confided in the places, by means of which they had conquered;

but were in haste, on any terms, to take arms out of the hands of men who were born to arms. Had their reason been sound, would it have been difficult, during the time which they spent in sending for old men from home to give them advice, to send ambassadors to Rome, and to negotiate a peace and treaty with the senate, and with the people? It would have been a journey of only three days to expeditious travellers. In the interim, matters might have rested under a truce, that is, until their ambassadors should have brought from Rome, either certain victory or peace. That would have been really a compact, on the faith of sureties, for we should have become sureties by order of the people. But, neither would ye have passed such an order, nor should we have pledged our faith; nor was it right that the affair should have any other issue, than, that they should be vainly mocked with a dream, as it were, of greater prosperity than their minds were capable of comprehending, and that the same fortune, which had entangled our army, should extricate it; that an ineffectual victory should be frustrated by a more ineffectual peace; and that a convention, on the faith of a surety, should be introduced, which bound no other person beside the surety. For what part had ye, conscript fathers; what part had the people, in this affair? Who can call upon you? Who can say, that he has been deceived by you? Can the enemy? Can a citizen? To the enemy ye engaged nothing. Ye ordered no citizen to engage on your behalf. Ye are therefore no way concerned either with us, to whom ye gave no commission; nor with the Samnites, with whom ye transacted no business. We are sureties to the Samnites; debtors, sufficiently wealthy in that which is our own, in that which we can offer our bodies and our minds. On these, let them exercise their cruelty; against these, let them whet their resentment and their swords. As to what relates to the tribunes, consider whether the delivering them. up can be effected at the present time, or if it must be deferred to another day. Meanwhile let us, Titus Veturius, and the rest concerned, offer our worthless persons, as atonements, for the breaking our engagements, and, by our sufferings, liberate the Roman armies."

10. Both these arguments, and, still more, the author of them, powerfully affected the senators; as they did likewise every one, not excepting even the tribunes of the commons,

who declared, that they would be directed by the senate. They then instantly resigned their office, and were delivered, together with the rest, to the heralds, to be conducted to Caudium. On passing this decree of the senate, it seemed as if some new light had shone upon the state: Postumius was in every mouth: they extolled him to heaven; and pronounced his conduct as equal even to the devoting act of the consul Publius Decius, and to other illustrious acts. "Through his counsel, and exertions," they said, "the state had raised up its head from an ignominious peace. He now offered himself to the enemy's rage, and to torments; and was suffering, in atonement for the Roman people." All turned their thoughts towards arms and war, [and the general cry was,] "When shall we be permitted with arms in our hands to meet the Samnites?" While the state glowed with resentment and rancour, the levies were composed almost entirely of volunteers. New legions, composed of the former soldiers, were quickly formed, and an army marched to Caudium. The heralds, who went before, on coming to the gate, ordered the sureties of the peace to be stripped of their clothes, and their hands to be tied behind their backs. As the apparitor, out of respect to his dignity, was binding Postumius in a loose manner, "Why do you not," said he, "draw the cord tight, that the surrender may be regularly performed?" Then, when they came into the assembly of the Samnites, and to the tribunal of Pontius, Aulus Cornelius Arvina, a herald, pronounced these words: "Forasmuch as these men, here present, without orders from the Roman people, the Quirites, entered into surety, that a treaty should be made, and have thereby rendered themselves criminal; now, in order that the Roman people may be freed from the crime of impiety, I here surrender these men into your hands." On the herald saying thus, Postumius gave him a stroke on the thigh with his knee, as forcibly as he could, and said with a loud voice, that "he was now a citizen of Samnium, the other a Roman ambassador; that the herald had been, by him, violently illtreated, contrary to the law of nations; and that his people would therefore have the more justice on their side, in waging war."

11. Pontius then said, "Neither will I accept such a surrender, nor will the Samnites deem it valid. Spurius Postu

mius, if you believe that there are gods, why do you not undo all that has been done, or fulfil your agreement? The Samnite nation is entitled, either to all the men whom it had in its power, or, instead of them, to a peace. But why do I call on you, who, with as much regard to faith as you are able to show, return yourself a prisoner into the hands of the conqueror? I call on the Roman people. If they are dissatisfied with the convention made at the Caudine forks, let them replace the legions within the defile where they were pent up. Let there be no deception on either side. Let all that has been done pass as nothing. Let them receive again the arms which they surrendered by the convention; let them return into their camp. Whatever they were in possession of, the day before the conference, let them possess again. Then let war and resolute counsels be adopted. Then let the convention, and peace, be rejected. Let us carry on the war in the same circumstances, and situations, in which we were before peace was mentioned. Let neither the Roman people blame the convention of the consuls, nor us the faith of the Roman people. Will ye never want an excuse for not standing to the compacts which ye make on being defeated? Ye gave hostages to Porsena: ye clandestinely withdrew them. Ye ransoned your state from the Gauls, for gold: while they were receiving the gold, they were put to the sword. concluded a peace with us, on condition of our restoring your captured legions: that peace ye now annul; in fine, ye always spread over your fraudulent conduct some show of right. Do the Roman people disapprove of their legions being saved by an ignominious peace? Let them have their peace, and return the captured legions to the conqueror. This would be conduct consistent with faith, with treaties, and with the laws of the heralds. But that you should, in consequence of the convention, obtain what you desired, the safety of so many of your countrymen, while I obtain not, what I stipulated for on sending you back those men, a peace; is this the law which you, Aulus Cornelius, which ye, heralds, prescribe to nations? But for my part, I neither accept those men whom ye pretend to surrender, nor consider them as surrendered; nor do I hinder them from returning into their own country, which stands bound under an actual convention, formally entered into carrying with them the wrath of all the gods,

Ye