The Samnites could well afford to let them wait. The rear was held by the bulk of their army. The obstacles in front were strongly guarded. Every possible track by which the Romans might try to scale the hills was held. Some desperate attempts to break out were made, but they were easily repulsed. Nothing remained but surrender, or death by famine.
One or other of these alternatives had soon to be chosen. A large army, surprised on its march, and confined within a barren pass, could not have subsistence for any long period. Nothing was to be gained by delay, and they might as well yield themselves prisoners of war at once.
So the Romans evidently thought, and without delay they put themselves at the mercy of their conquerors. "We yield ourselves your captives," they said, "to do with as you will. Put us all to the sword, if such be your decision; sell us into slavery; or hold us as prisoners until we are ransomed: one thing only we ask, save our bodies, whether living or dead, from all unworthy insults."
In this request they forgot the record that Rome had made; forgot how often noble captives had been forced to walk in Roman triumphs and been afterwards slain in cold blood in the common prison; forgot how they had recently refused the rites of burial to the body of a noble Samnite. But Pontius, the Samnite general, was much less of a barbarian than the Romans of that age. He was acquainted with Greek philosophy, had even held conversation, it is said, with Plato, and was not the man to indulge in cruel or insulting acts.
"Restore to us," he said to the consuls, "the towns and territory you have taken from us, and withdraw the colonists whom you have unjustly placed on our soil. Conclude with us a treaty of peace, in which each nation shall be acknowledged to be independent of the other. Swear to do this, and I will grant you your lives and release you without ransom. Each man of you shall give up his arms, but may keep his clothes untouched; and you shall pass before our army as prisoners who have been in our power and whom we have set free of our own will, when we might have killed or sold them, or held them for ransom."
These terms the consuls were glad enough to accept. They were far better than they would have granted the Samnites under similar circumstances. Pontius now called for the Roman fecialis, whose duty it was to conclude all treaties and take all oaths for the Roman people. But there was no fecialis with the army. The senate had sent none, having resolved to make no terms with the Samnites, and to accept only their absolute submission. They had never dreamed of such a turn of the tide as this.
In the absence of the proper officer, the consuls and all the surviving officers took the oath, while it was agreed that six hundred knights should be held as hostages until the Roman people had ratified the treaty. Why Pontius did not insist on treating with the senate and people of Rome at once, instead of trusting to them to ratify a treaty made with prisoners of war, we are not told. He was soon to learn how weak a reed to lean upon was the Roman faith.
The treaty made, the humiliating part of the affair came. The Roman army was obliged to march under the yoke, which consisted of two spears set upright and a third fastened across their tops. Under this the soldiers of the legions without their arms, and wearing but a single article of clothing,—the campestre or kilt, which reached from the waist to the knees,—passed in gloomy succession. Even the consuls were obliged to appear in this humble plight, the six hundred hostage knights alone being spared.
This was no peculiar insult, but a common usage on such occasions. The Romans had imposed it more than once on defeated enemies. They were now to endure it themselves, and the affair, under the name of the Caudine Forks, has become famous in history.