Stories from Livy

by Alfred John Church

Then, going on their way, the Romans came near to Capua, but for shame and for fear lest their allies should desert them, entered not the city, but cast themselves down upon the road. But the men of Capua had compassion on them, and sent to them all that they needed, and entertained them both publicly and privately with all hospitality. But the Romans answered not a word, nor so much as lifted up their eyes, so overwhelmed were they with shame and grief. The next day certain young noblemen of Capua, going with them to the borders of their country, made this answer to some that questioned them in the Senate concerning the behaviour of the Romans: "These men are wholly sunk in grief and despair, and have lost not their arms only but also their courage. Verily they seem to have yet on their necks the yoke under which they were made to pass; and as for the Samnites, they have won a victory to which there will be no end. The Gauls took the city of Rome, but these men have taken the very courage of the Roman people." Then said a certain Calavius, a man of renown and venerable for his age, "This silence, this shame, this refusing of all comfort are signs of a wrath that is both great and deep. If I know aught of the Roman people from this silence will come loud lamentation to the Samnites."

Meanwhile these ill tidings had been carried to Rome. First they heard that the army was besieged; after that there had been made this shameful peace. Thereupon the soldiers, whom the magistrates had begun to levy on news of the siege, were dismissed, and a public mourning made by common consent. The shops were shut round the market-place, and also the courts of the judges; and the magistrates laid aside their ornaments and gold rings. At the first there was great wrath, not against the generals alone, but also against the soldiers, whom they counted unworthy to be admitted into the city; but when the army came in pitiable plight wrath was changed to compassion.

So soon as the Consuls of the next year were appointed they called the Senate to consider what should be done concerning the peace of Caudium. And first they bade Postumius, that was one of the Consuls, speak his mind. Then said Postumius (and as he spake he bare the same look that he had borne under the yoke), "I hold that by this peace the Roman people is not bound, seeing that it was made without their authority, but only they that made themselves surety for it. Let us therefore be delivered up to the Samnites naked and in chains by the heralds; so shall we set free the people if they be in any wise bound. I hold also that the Consuls should forthwith levy an army and march forth therewith, but that they should not cross the border of the enemy till all these things be duly finished. And I pray to the Gods of heaven that they be satisfied with our disgrace, and that they prosper the arms of Rome even as they have prospered them in time past."

To these words two tribunes of the Commons, having been among the sureties, made objection, saying, "Ye cannot set the Roman people free by giving up the sureties, but only by restoring all things as they were at Caudium. Neither do we deserve punishment because we saved the army; and seeing that we are sacred we may not be surrendered to the enemy."

To this Postumius made answer, "If this be so, men of Rome, give up us that are common persons; and as for these sacred tribunes, touch them not till their time of office be ended. Only, if ye will listen to me, afterwards, before ye give them up, beat them with rods in the market-place, and so take usury for the delay of payment. That the Roman people are bound by this peace I deny. Think ye that they had been bound if we had promised to surrender their city, their temples, their land, their rivers, so that all that now belongs to the Romans should belong to the Samnites? And if ye ask me why I made such a peace having no authority, I answer this only. Nothing at Caudium was done wisely, but all things foolishly. The Gods smote not us only, but also the enemy with madness. We went blindly into the peril, and they cast away the victory which they had won. For why did they not send ambassadors to Rome, seeing that it was but a three days' journey, that peace might be made in due form? Surely neither Fathers nor Commons are bound to that in which they had no part. We that were sureties are bound, and we will give ourselves up that they may work their will on us."

Even the tribunes of the Commons were persuaded by these words, so that they abdicated their office, and were given to the heralds to be led to Caudium together with the consuls and the other sureties. Thereupon the heralds, going before, when they came to the gate, commanded that their garments should be stripped from them that had been sureties for the peace, and that their hands should be bound behind their backs. And when the lictor, for reverence' sake, would have tied the cord loosely about the hands of Postumius, Postumius said, "Nay, but bind tight the cord that the matter may be done rightly." Afterwards, when they were come to the judgment-seat of Pontius, the herald thus spake: "Forasmuch as these men here present without bidding of the Roman people gave themselves as sureties that a treaty should be made, and so did great wrong, I now give up these men to you, that the Roman people may be set free from guiltiness in this matter." While the herald was thus speaking, Postumius with his knee smote him on the thigh with all his might, saying, with a loud voice, "I am a citizen of Samnium, and thou art an ambassador; I have smitten a herald contrary to the law of nations, so that ye will wage war not without good cause."

Then said Pontius, "I accept not this surrender, neither I nor the Samnites. If thou believest, Postumius, that there are gods, why dost thou not either undo all that has been done or stand by thy covenant? But I ask not this of thee, I ask it of the Roman people. If this peace please them not, let them send back the legions to their place. Let all that hath been done be undone. They shall have the arms which they gave up. Then, if ye will, refuse this peace. Will ye never lack a cause for going back from your word? Ye gave hostages to Porsenna and got them back by stealth. Ye ransomed your State from the Gauls for gold, and slew them even while ye paid it. Ye made peace with us that ye might get back your legions that were taken, and now ye would disannul it. Is this the law of nations, thou herald, as thou takest it to be? As for these men, I accept them not. They may go back to their own country and carry with them the wrath of the Gods whom they have despised. Ye will wage war forsooth with us because Portumius hath struck the herald with his knee. Ye will persuade the Gods that he is not a Roman but a Samnite, and that therefore ye have just cause of war against us. Shame that old men that have borne office should not be ashamed to work such mockeries in the light of day, excusing themselves for their falsehood by such tricks as verily children would count to be unworthy of them. Go, lictor, loosen the bonds of the Romans; let no one hinder them from going whither they will." So the Romans, having acquitted certainly their own faith, and it may be the faith of the State, departed to their own homes.

THE END.