Titus Livius (Livy), Ab urbe condita, Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Evan T. Sage, Ph.D. (Editor), Alfred C. Schlesinger, Ph.D. (Editor), 9.8

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[2] on the day of their election —for so the Fathers had ordained —they entered upon the duties of their magistracy, and having disposed of the routine resolutions, raised the question of the Caudine Peace.

Publilius had the fasces, ¹ and called on Spurius Postumius to speak. having risen to his feet, he said, with the same expression on his countenance as when he had been sent

[3] under the yoke,

i am not ignorant, consuls, that I have been called on first and bidden to speak because of my disgrace, and not to honour me; not as a senator, but as one charged with the guilt not only of an unlucky war but of a shameful peace.

[4]

however , you have not raised the question of our wrongdoing or our punishment; I will therefore attempt no defence —though it should be no difficult cause to plead before judges not unacquainted with the fortunes of men and their necessities —but will briefly formulate a motion concerning the subject you have asked us to consider.

[5]

my motion will bear witness whether it was myself or your legions that I spared, when I bound myself by a base, or, perhaps, a necessary pledge, —by which, however, the Roman ² People is not held, since it was given without the people's authorization; nor by its terms is aught but our own persons due to the Samnites.

[6]

let us be given up, I propose, by the fetials, stripped and bound; let us release the people from their religious obligation, if in any such we have involved them, that no obstacle, divine or human, may block the way to a just and righteous renewal of the war.

[7]

meantime I move that the consuls enroll an army and arm it and lead it forth, yet without crossing the borders of the enemy, until all the ceremonies incident to our surrender shall have been completed.

[8]

do you, immortal gods, I beseech and pray you, if you were not pleased that the consuls Spurius Postumius and Titus Veturius should

[9]

wage a successful war with the Samnites, yet deem it enough to have seen us sent beneath the yoke, to have seen us bound by an infamous agreement, to behold.

[10]

us, naked and in bonds, delivered to the enemy, receiving on our own heads all the resentment of our foes; and vouchsafe to the new consuls and the Roman legions so to wage war with the Samnites, as, until our consulship, all Rome's wars were waged.

[11] when he had finished speaking, such a thrill of astonishment, and at the same time of pity for the man, ran through the senate, that at first men could hardly believe it was the same Spurius Postumius who had been the author of a peace so shameful;

[12] and presently they were all compassion, to think that such a man should suffer what would be no ordinary punishment at the hands of enemies enraged by the rupture of the peace.

[13] as they were all crossing over to support his motion, with ³ nothing but praises for his heroism, Lucius Livius and Quintus Maelius, tribunes of the plebs, endeavoured for a moment to interpose their veto.

[14] The people, they said, could not be freed from their obligation by surrendering them, unless every advantage which the Samnites had possessed at Caudium were restored to them;

[15] moreover, they had merited no punishment for having preserved by their pledge of peace the army of the Roman People; nor, finally, seeing that they were sacrosanct, could they be surrendered to the enemy or violated. ⁴

Ab urbe condita. Titus Livius (Livy). Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Evan T. Sage, Ph.D. (Editor), Alfred C. Schlesinger, Ph.D. (Editor). Medford, MA. .

Sponsored by Perseus Project, Tufts University.

Funding provided by The National Endowment for the Humanities.

Current edition Perseus

History of Rome (English) (Foster, Benjamin Oliver; Moore, Frank Gardener; Sage, Evan T.; Schlesinger, Alfred C., translators. Cambridge, Mass.; London: Harvard University Press; William Heinemann, Ltd., 1919-1959. (Loeb Classical Library))

Editions (3)

Ab urbe condita Perseus (Pars I-IV, Libri I-XL. Editio Stereotypica. Weissenborn, Wilhelm; Mueller, Moritz, editors. Leipzig: Teubner, 1884-1911.) — 9.8 focus

[1] quo creati sunt die, eo — sic enim placuerat patribus — magistratum inierunt, sollemnibusque senatus consultis perfectis de pace Caudina rettulerunt; et Publilius,

[2] penes quem fasces erant, “dic, Sp. Postumi,” inquit. qui ubi surrexit, eodem illo vultu, quo sub iugum missus erat,

[3] “haud sum ignarus” inquit, “consules, ignominiae, non honoris causa me primum excitatum iussumque dicere, non tamquam senatorem, sed tamquam reum qua infelicis belli, qua ignominiosae pacis.

[4] ego tamen, quando neque de noxa nostra neque de poena rettulistis, omissa defensione, quae non difficillima esset apud haud ignaros fortunarum humanarum necessitatiumque, sententiam de eo, de quo rettulistis, paucis peragam; quae sententia testis erit, mihine an legionibus vestris pepercerim, cum me seu turpi seu necessaria sponsione obstrinxi,

[5] qua tamen, quando iniussu populi facta est, non tenetur populus Romanus, nec quicqum quicquam ex ea praeterquam corpora nostra debentur Samnitibus.

[6] dedamur per fetiales nudi vinctique; exsolvamus religione populum, si qua obligavimus, ne quid divini humanive obstet, quo minus iustum piumque de integro ineatur bellum.

[7] interea consules exercitum scribere, armare, educere placet nec prius ingredi hostium fines, quam omnia iusta in deditione nostra perfecta erunt.

[8] vos, di inmortales, precor quaesoque, si vobis non fuit cordi Sp. Postumium, T. Veturium consules cum Samnitibus prospere bellum gerere,

[9] at vos satis habeatis vidisse nos sub iugum missos, vidisse sponsione infami obligates, videre nudos vinctosque hostibus deditos, omnem iram hostium nostris capitibus excipientes;

[10] novos consules legionesque Romanas ita cum Samnite gerere bellum velitis, ut omnia ante nos consules bella gesta sunt.”

[11] quae ubi dixit, tanta simul admiratio miseratioque viri incessit homines, ut modo vix crederent illum eundem esse Sp. Postumium, qui auctor tam foedae pacis fuisset,

[12] modo miserarentur, quod vir talis etiam praecipuum apud hostes supplicium passurus esset ob iram diremptae pacis.

[13] cum omnes laudibus modo prosequentes virum in sententiam eius pedibus irent, temptata paulisper intercessio est ab L. Livio et Q. Maelio tribunis plebis,

[14] qui neque exsolvi religione populum aiebant deditione sua, nisi omnia Samnitibus, qualia apud Caudium fuissent,

[15] restituerentur, neque se pro eo, quod spondendo pacem servassent exercitum populi Romani, poenam ullam meritos esse neque ad extremum, cum sacrosancti essent, dedi hostibus violarive posse.

Ab urbe condita Perseus (Conway, Robert Seymour; Walters, Charles Flamstead; Johnson, Stephen Keymer, editors. Oxford: Oxford University Press, 1914-1935. (Oxford Classical Texts)) — 9.8 focus

[1]

quo creati sunt die, eo—sic enim placuerat patribus—magistratum inierunt sollemnibusque senatus consultis perfectis de pace Caudina rettulerunt; et Publilius,

[2] penes quem quern fasces erant,

die , Sp. Postumi,

inquit. qui ubi surrexit, eodem illo vultu quo sub iugum missus erat,

[3]

haud sum ignarus

inquit,

consules, ignominiae non honoris causa me primum excitatum iussumque dicere, non tamquam senatorem, sed tamquam reum qua infelicis belli, qua ignominiosae pacis.

[4]

ego tamen, quando neque de noxa nostra neque de poena rettulistis, omissa defensione, quae non difficillima esset apud haud ignaros fortunarum humanarum necessitatiumque, sententiam de eo de quo rettulistis paucis peragam; quae sententia testis erit mihine an legionibus vestris pepercerim, cum me seu turpi seu necessaria sponsione obstrinxi;

[5]

qua tamen, quando iniussu populi ¹ facta est, non tenetur populus Romanus, nec quicquam ex ea praeterquam corpora nostra debentur Samnitibus.

[6]

dedamur per fetiales nudi vinctique; exsolvamus religione populum, si qua obligavimus, ne quid divini humanive obstet quo minus iustum piumque de integro ineatur bellum.

[7]

interea consules exercitum scribere, armare, educere placet, nec prius ingredi hostium fines, quam omnia iusta in deditionem nostram ² perfecta erunt.

[8]

vos , di immortales, precor quaesoque, si vobis non fuit cordi Sp. Postumium T. Veturium consules cum Samnitibus prospere bellum gerere,

[9]

at vos satis habeatis vidisse nos sub iugum missos, vidisse sponsione infami obligates, videre nudos vinctosque hostibus deditos, omnem iram hostium nostris capitibus excipientes;

[10]

novos consules legionesque Romanas ita cum Samnite gerere geere bellum velitis ut omnia ante nos consules bella gesta sunt.

[11] quae ubi dixit, tanta simul admiratio miseratioque viri incessit homines ut modo vix crederent illum ilium eundem esse Sp. Postumium qui auctor tam foedae pacis fuisset;

[12] modo miserarentur quod vir talis etiam praecipuum apud hostes supplicium passurus esset ob iram diremptae pacis.

[13] cum omnes laudibus modo prosequentes virum in sententiam eius pedibus irent, ³

[14] temptata paulisper intercessio est ab L. Livio et Q. Maelio tribunis plebis, qui neque exsolvi religione populum aiebant deditione sua, nisi omnia Samnitibus, qualia apud Caudium fuissent, restituerentur;

[15] neque se pro eo quod spondendo pacem servassent exercitum populi Romani poenam ullam meritos esse; neque ad extremum, cum sacrosancti essent, dedi hostibus violarive posse. ⁴

Ab urbe condita Perseus (Livy in Fourteen Volumes. Foster, Benjamin Oliver; Moore, Frank Gardener; Schlesinger, Alfred C., editors. Cambridge, MA: Harvard University Press; London: William Heinemann, Ltd., 1919-1959 (printing).) — 9.8 focus

[1]

quo creati sunt die, eo—sic enim placuerat patribus—magistratum inierunt sollemnibusque senatus consultis perfectis de pace Caudina rettulerunt; et Publilius,

[2] penes quem quern fasces erant,

die , Sp. Postumi,

inquit. qui ubi surrexit, eodem illo vultu quo sub iugum missus erat,

[3]

haud sum ignarus

inquit,

consules, ignominiae non honoris causa me primum excitatum iussumque dicere, non tamquam senatorem, sed tamquam reum qua infelicis belli, qua ignominiosae pacis.

[4]

[5]

qua tamen, quando iniussu populi ¹ facta est, non tenetur populus Romanus, nec quicquam ex ea praeterquam corpora nostra debentur Samnitibus.

[6]

dedamur per fetiales nudi vinctique; exsolvamus religione populum, si qua obligavimus, ne quid divini humanive obstet quo minus iustum piumque de integro ineatur bellum.

[7]

interea consules exercitum scribere, armare, educere placet, nec prius ingredi hostium fines, quam omnia iusta in deditionem nostram ² perfecta erunt.

[8]

vos , di immortales, precor quaesoque, si vobis non fuit cordi Sp. Postumium T. Veturium consules cum Samnitibus prospere bellum gerere,

[9]

at vos satis habeatis vidisse nos sub iugum missos, vidisse sponsione infami obligates, videre nudos vinctosque hostibus deditos, omnem iram hostium nostris capitibus excipientes;

[10]

novos consules legionesque Romanas ita cum Samnite gerere geere bellum velitis ut omnia ante nos consules bella gesta sunt.

[11] quae ubi dixit, tanta simul admiratio miseratioque viri incessit homines ut modo vix crederent illum ilium eundem esse Sp. Postumium qui auctor tam foedae pacis fuisset;

[12] modo miserarentur quod vir talis etiam praecipuum apud hostes supplicium passurus esset ob iram diremptae pacis.

[13] cum omnes laudibus modo prosequentes virum in sententiam eius pedibus irent, ³

[15] neque se pro eo quod spondendo pacem servassent exercitum populi Romani poenam ullam meritos esse; neque ad extremum, cum sacrosancti essent, dedi hostibus violarive posse. ⁴

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 9.8 focus

[1]

They entered into office on the day they were elected, for so it had been determined by the fathers.

[2] When the customary decrees of the senate were passed, they proposed the consideration of the Caudine peace; and Publilius, who was in possession of the fasces, said,

Spurius Postumius, speak:

he arose with just the same countenance with which he had passed under the yoke, and delivered himself to this effect:

[3]

Consuls, I am well aware that I have been called up first with marked ignominy, not with honour; and that I am ordered to speak, not as being a senator, but as a person answerable as well for an unsuccessful war as for a disgraceful peace.

[4]

However, since the question propounded by you is not concerning our guilt, or our punishment; waving a defence, which would not be very difficult, before men who are not unacquainted with human casualties or necessities, I shall briefly state my opinion on the matter in question; which opinion will testify, whether I meant to spare myself or your legions, when I engaged as surety to the convention, whether dishonourable or necessary:

[5]

by which, however, the Roman people are not bound, inasmuch as it was concluded without their order; nor is any thing liable to be forfeited to the Samnites, in consequence of it, except our persons.

[6]

Let us then be delivered up to them by the heralds, naked, and in chains. Let us free the people of the religious obligation, if we have bound them under any such; so that there may be no restriction, divine or human, to prevent your entering on the war anew, without violating either religion or justice.

[7]

I am also of opinion, that the consuls, in the mean time, enlist, arm, and lead out an army; but that they should not enter the enemy's territories before every particular, respecting the surrender of us, be regularly executed.

[8]

You, O immortal gods! I pray and beseech that, although it has not been your will that Spurius Postumius and Titus Veturius, as consuls, should wage war with success against the Samnites, ye may yet deem it sufficient to have seen us sent under the yoke;

[9]

to have seen us bound under an infamous convention; to have seen us delivered into the hands of our foes naked and shackled, taking on our own heads the whole weight of the enemy's resentment.

[10]

And grant, that the consuls and legions of Rome may wage war against the Samnites, with the same fortune with which every war has been waged before we became consuls.

[11] On his concluding this speech, men's minds were so impressed with both admiration and compassion, that now they could scarce believe him to be the same Spurius Postumius who had been the author of so shameful a peace;

[12] again lamenting, that such a man was likely to undergo, among the enemy, a punishment even beyond that of others, through resentment for annulling the peace.

[13] When all the members, extolling him with praises, expressed their approbation of his sentiments, a protest was attempted for a time by Lucius Livius and Quintus Maelius, tribunes of the commons, who said, that

the people could

[14]

not be acquitted of the religious obligation by the consuls being given up, unless all things were restored to the Samnites in the same state in which they had been at Caudium;

[15]

nor had they themselves deserved any punishment, for having, by becoming sureties to the peace, preserved the army of the Roman people; nor, finally, could they, being sacred and inviolable, be surrendered to the enemy or treated with violence.

History of Rome Perseus (Volumes 1-2. Roberts, Canon, Rev, translator. London, New York: J. M. Dent and Sons; E. P. Dutton and Co., 1912.) — 9.8 focus

[1] They¹ entered upon the active duties of their office on the very day of their election, for so had the senate decreed, and after disposing of the business connected with their accession to office, they proceeded at once to introduce the subject of the capitulation of Caudium.

[2] Publilius, who was the presiding consul, called upon Spurius Postumius to speak. He rose in his place with just the same expression that he had worn when passing under the yoke, and began:

[3] “Consuls, I am quite aware that I have been called upon to speak first, not because I am foremost in honour, but because I am foremost in disgrace and hold the position not of a senator but of a man on his trial who has to meet the charge not only of an unsuccessful war but also of an ignominious peace.

[4] Since, however, you have not introduced the question of our guilt or punishment, I shall not enter upon a defence which in the presence of men not unacquainted with the mutability of human fortunes would not be a very difficult one to undertake. I will state in a few words what I think about the question before us, and you will he able to judge from what I say whether it was myself or your legions that I spared when I pledged myself to the convention, however shameful or however necessary it was.

[5] This convention, however, was not made by the order of the Roman people, and therefore the Roman people are not bound by it, nor is anything due to the Samnites under its terms beyond our own persons.

[6] Let us be surrendered by the fetials, stripped and bound; let us release the people from their religious obligations if we have involved them in any, so that without infringing any law human or divine we may resume a war which will be justified by the law of nations and sanctioned by the gods.

[7] I advise, that in the meantime the consuls enrol and equip an army and lead it forth to war, but that they do not cross the hostile frontier until all our obligations under the terms of surrender have been discharged.

[8] And you, immortal gods, I pray and beseech, that as it was not your will that the consuls Sp. Postumius and T. Veturius

[9] should wage a successful war against the Samnites, you may at least deem it enough to have witnessed us sent under the yoke and compelled to submit to a shameful convention, enough to witness us surrendered, naked and in chains, to the enemy, taking upon our heads the whole weight of his anger and vengeance!

[10] May it be in accordance with your will that the legions of Rome under fresh consuls should wage war against the Samnites in the same way in which all wars were waged before we were consuls!”

[11] When he finished speaking, such admiration and pity were felt for him that they could hardly think that it was the same Sp. Postumius who had concluded such a disgraceful peace.

[12] They viewed with the utmost sadness the prospect of such a man suffering at the hands of the enemy such terrible punishment as he was sure to meet with, enraged as they would be at the rupture of the peace.

[13] The whole House expressed in terms of the highest praise their approval of his proposal. They were beginning to vote on the question when two of the tribunes of the plebs, L. Livius and Q. Maelius, entered a protest which they afterwards withdrew.

[14] They argued that the people as a whole would not be discharged from their religious obligation by this surrender unless the Samnites were placed in the same position of advantage which they held at Caudium.

[15] Further, they said they did not deserve any punishment for having saved the Roman army by undertaking to procure peace,² and they urged as a final reason that as they, the tribunes, were sacrosanct and their persons inviolable they could not be surrendered to the enemy or exposed to any violence.

Notes on the current edition

Ab Urbe Condita With An English Translation, books 1-10, 21-45, with periochae 11-20

1. The fasces (bundles of rods, symbolic of supreme authority) were borne by the lictors in alternate attendance on the two consuls. The elder had them first.

2. B.C. 320

3. B.C. 320

4. Livius and Maelius are apparently thought of as having been among the guarantors and as having afterwards been elected plebeian tribunes.

Titus Livius (Livy) Ab urbe condita 9.8

Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Evan T. Sage, Ph.D. (Editor), Alfred C. Schlesinger, Ph.D. (Editor)

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