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The History of Rome, Books 09 to 26 by Titus Livius
page 19 of 645 (02%)
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 ill-treated, 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 Postumius, 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 army 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
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