5. The consuls having gone to Pontius to confer with him, when he
talked, in the strain of a conqueror, of a treaty, they declared that
such could not be concluded without an order of the people, nor
without the ministry of the heralds, and the other customary rites.
Accordingly the Caudine peace was not ratified by settled treaty, as
is commonly believed, and even asserted by Claudius, but by
conventional sureties. For what occasion would these be either for
sureties or hostages in the former case, where the ratification is
performed by the imprecation, "that whichever nation shall give
occasion to the said terms being violated, may Jupiter strike that
nation in like manner as the swine is struck by the heralds." The
consuls, lieutenants-general, quaestors, and military tribunes, became
sureties; and the names of all these who became sureties are extant;
where, had the business been transacted by treaty, none would have
appeared but those of the two heralds. On account of the necessary
delay of the treaty six hundred horsemen were demanded as hostages,
who were to suffer death if the compact were not fulfilled; a time was
then fixed for delivering up the hostages, and sending away the troops
disarmed. The return of the consuls renewed the general grief in the
camp, insomuch that the men hardly refrained from offering violence to
them, "by whose rashness," they said, "they had been brought into such
a situation; and through whose cowardice they were likely to depart
with greater disgrace than they came. They had employed no guide
through the country, nor scouts; but were sent out blindly, like
beasts into a pitfall" They cast looks on each other, viewed earnestly
the arms which they must presently surrender; while their persons
would be subject to the whim of the enemy: figured to themselves the
hostile yoke, the scoffs of the conquerors, their haughty looks, and
finally, thus disarmed, their march through the midst of an armed foe.