[25.] A third treaty again was made by Rome at the time of the invasion of Pyrrhus into Sicily, before the Third treaty, B.C. 279. Carthaginians undertook the war for the possession of Sicily. This treaty contains the same provisions as the two earlier treaties with these additional clauses:—
“If they make a treaty of alliance with Pyrrhus, the Romans or Carthaginians shall make it on such terms as not to preclude the one giving aid to the other, if that one’s territory is attacked.
“If one or the other stand in need of help, the Carthaginians shall supply the ships, whether for transport or war; but each people shall supply the pay for its own men employed on them.
“The Carthaginians shall also give aid by sea to the Romans if need be; but no one shall compel the crews to disembark against their will.”
Provision was also made for swearing to these treaties. In the case of the first, the Carthaginians were to swear by the gods of their ancestors, the Romans by Jupiter Lapis, in accordance with an ancient custom; in the case of the last treaty, by Mars and Quirinus.
The form of swearing by Jupiter Lapis was this. The commissioner for swearing to the treaty took a stone in his hand, and, having taken the oath in the name of his country, added these words, “If I abide by this oath may he bless me; but if I do otherwise in thought or act, may all others be kept safe each in his own country, under his own laws, in enjoyment of his own goods, household gods, and tombs,—may I alone be cast out, even as this stone is now.” And having uttered these words he throws the stone from his hand.
[26.] Seeing that such treaties exist and are preserved to this day, engraved on brass in the treasury of Misstatement of Philinus. the Aediles in the temple of Jupiter Capitolinus, the historian Philinus certainly does give us some reason to be surprised at him. Not at his ignorance of their existence: for even in our own day those Romans and Carthaginians, whose age placed them nearest to the times, and who had the reputation of taking the greatest interest in public affairs, were unaware of it. But what is surprising is, that he should have ventured on a statement exactly opposite: “That there was a treaty between Rome and Carthage, in virtue of which the Romans were bound to keep away from the whole of Sicily, the Carthaginians from the whole of Italy; and that the Romans broke the treaty and their oath when they first crossed over to Sicily.” Whereas there does not exist, nor ever has existed, any such written compact at all. Yet this assertion he makes in so many words in his second book. I referred to this in the preface of my work, but reserved a more detailed discussion of it to this place; which was necessary, because the assertion of Philinus has misled a considerable number of people on this point. I have nothing to say if a man chooses to attack the Romans for crossing into Sicily, on the grounds of their having taken the Mamertines into alliance at all; or in having thus acted in answer to their request, after these men’s treachery to Rhegium as well as Messene: but if any one supposes that in so crossing they broke oaths or treaties, he is manifestly ignorant of the truth.
[27.] At the end of the first Punic war another treaty was made, of which the chief provisions were these: Fourth treaty, B.C. 241. “The Carthaginians shall evacuate Sicily and all islands lying between Italy and Sicily.
“The allies of neither of the parties to the treaty shall be attacked by the other.
“Neither party shall impose any contribution, nor erect any public building, nor enlist soldiers in the dominions of the other, nor make any compact of friendship with the allies of the other.