Titus Livius (Livy), Ab urbe condita, Rev. Canon Roberts (Translator), 9.10

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[1] Both¹ the speech and the speaker produced a great impression on all who heard him, including the tribunes, who were so far influenced by what they had heard that they formally placed themselves at the disposal of the senate.

[2] They immediately resigned their office and were handed over to the fetials to be conducted with the rest to Caudium. After the senate had passed their resolution, it seemed as though the light of day was once more shining on the State.

[3] The name of Postumius was in all men's mouths, he was extolled to the skies, his conduct was put on a level with the selfsacrifice of P. Decius and other splendid deeds of heroism.

[4] It was through his counsel and assistance, men said, that the State had found its way out of a dishonourable and guilty peace; he was exposing himself to the rage of the enemy and all the tortures they could inflict as an expiatory victim for the Roman people.

[5] All eyes were turned to arms and war; “shall we ever be allowed,” they exclaimed, “to meet the Samnites in arms?”

[6] Amidst² this blaze of angry excitement and thirst for vengeance, a levy was made and nearly all re-enlisted as volunteers. Nine legions were formed out of the former troops, and the army marched to Caudium.

[7] The fetials went on in advance, and on arriving at the city gate they ordered the garment to be stripped off from those who had made the capitulation and their arms to be tied behind their backs.

[8] As the apparitor, out of respect for Postumius' rank, was binding his cords loosely, “Why do you not,” he asked, “draw the cord tight that the surrender may be made in due form?” When they had entered the council chamber and reached the tribunal where Pontius was seated, the fetial addressed him thus:

[9] “Forasmuch as these men have, without being ordered thereto by the Roman people, the Quirites, given their promise and oath that a treaty shall be concluded and have thereby been guilty of high crime and misdemeanour, I do herewith make surrender to you of these men, to the end that the Roman people may he absolved from the guilt of a heinous and detestable act.”

[10] As the fetial said this Postumius struck him as hard as he could with his knee, and in a loud voice declared that he was a Samnite citizen, that he had violated the law of nations in maltreating the fetial who, as herald, was inviolable, and that after this the Romans would be all the more justified in prosecuting the war.³

Ab urbe condita. Titus Livius (Livy). Rev. Canon Roberts (Translator). Medford, MA. 1997-10-28.

Sponsored by Perseus Project, Tufts University.

Funding provided by The National Endowment for the Humanities.

Current edition Perseus

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

Editions (3)

Ab urbe condita Perseus (Pars I-IV, Libri I-XL. Editio Stereotypica. Weissenborn, Wilhelm; Mueller, Moritz, editors. Leipzig: Teubner, 1884-1911.) — 9.10 focus

[1] movit patres conscriptos cum causa tum auctor nec ceteros solum sed tribunos etiam plebei, ut se in senatus dicerent fore potestate.

[2] magistratu inde se extemplo abdicaverunt traditique fetialibus cum ceteris Caudium ducendi.

[3] hoc senatus consulto facto lux quaedam adfulsisse civitati visa est. Postumius in ore erat, eum laudibus ad caelum ferebant, devotioni P. Deci consulis, aliis claris facinoribus aequabant:

[4] emersisse civitatem ex obnoxia pace illius consilio et opera; ipsum se cruciatibus et hostium irae offerre piaculaque pro populo Romano dare.

[5] arma cuncti spectant et bellum: en umquam futurum, ut congredi armatis cum Samnite liceat?

[6] In in civitate ira odioque ardente dilectus prope omnium voluntariorum fuit. rescriptae ex eodem milite novae legiones ductusque ad Caudium exercitus.

[7] praegressi fetiales ubi ad portam venere, vestem detrahi pacis sponsoribus iubent, manus post tergum vinciri. cum apparitor verecundia maiestatis Postumi laxe vinciret, “quin tu” inquit “adducis lorum, ut iusta fiat deditio!”

[8] turn tum ubi in coetum Samnitium et ad tribunal ventum Ponti est, A. Cornelius Arvina fetialis ita verba fecit:

[9] “quandoque hisce homines iniussu populi Romani Quiritium foedus ictum iri spoponderunt atque ob ear eam rem noxam nocuerunt, ob ear eam rem, quo populus Romanus scelere inpio sit solutus, hosce homines vobis dedo.”

[10] haec dicenti fetiali Postumius genu femur quanta maxime poterat vi perculit et clara voce ait se Samnitem civem esse, illum legatum fetialem a se contra ius gentium violatum: eo iustius bellum gesturos.

Ab urbe condita Perseus (Conway, Robert Seymour; Walters, Charles Flamstead; Johnson, Stephen Keymer, editors. Oxford: Oxford University Press, 1914-1935. (Oxford Classical Texts)) — 9.10 focus

[1]

movit patres conscriptos cum causa tum auctor nec ceteros solum sed tribunos etiam plebei, ut se in senatus dicerent fore potestate.

[2] magistratu inde se extemplo abdicaverunt traditique fetialibus cum ceteris Caudium ducendi. hoc senatus consulto facto lux quaedam adfulsisse civitati visa est.

[3] Postumius in ore erat; eum laudibus ad caelum ferebant, devotioni P. Deci consulis, aliis claris facinoribus aequabant:

[4] emersisse civitatem ex obnoxia pace illius consilio et opera; ipsum se cruciatibus et hostium irae offerre piaculaque pro populo Romano dare.

[5] arma cuncti spectant et bellum: en unquam futurum ut congredi armatis cum Samnite liceat?

[6] in civitate ira odioque ardente dilectus prope omnium voluntariorum fuit. rescriptae ex eodem milite novae legiones ductusque ad Caudium exercitus.

[7] praegressi fetiales ubi ad portam venere, vestem detrahi pacis sponsoribus iubent, manus post tergum vinciri. cum apparitor verecundia maiestatis Postumi laxe vinciret,

quin tu

inquit

adduces ¹ lorum, ut iusta fiat deditio!

[8] tum ubi in coetum ² Samnitium et ad tribunal ventum Ponti est, A. Cornelius Arvina fetialis ita verba fecit:

[9]

quandoque hisce homines iniussu populi Romani Quiritium foedus ictum iri spoponderunt atque ob eam rem noxam nocuerunt, ob eam rem quo populus Romanus scelere impio sit solutus hosce homines vobis dedo.

[10] haec dicenti fetiali Postumius genu femur quanta maxime poterat vi perculit et clara voce ait se Samnitem civem esse, illum legatum ³ a se contra ius gentium violatum: eo iustius bellum gesturos.

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).) — 9.10 focus

[1]

movit patres conscriptos cum causa tum auctor nec ceteros solum sed tribunos etiam plebei, ut se in senatus dicerent fore potestate.

[2] magistratu inde se extemplo abdicaverunt traditique fetialibus cum ceteris Caudium ducendi. hoc senatus consulto facto lux quaedam adfulsisse civitati visa est.

[3] Postumius in ore erat; eum laudibus ad caelum ferebant, devotioni P. Deci consulis, aliis claris facinoribus aequabant:

[4] emersisse civitatem ex obnoxia pace illius consilio et opera; ipsum se cruciatibus et hostium irae offerre piaculaque pro populo Romano dare.

[5] arma cuncti spectant et bellum: en unquam futurum ut congredi armatis cum Samnite liceat?

[6] in civitate ira odioque ardente dilectus prope omnium voluntariorum fuit. rescriptae ex eodem milite novae legiones ductusque ad Caudium exercitus.

[7] praegressi fetiales ubi ad portam venere, vestem detrahi pacis sponsoribus iubent, manus post tergum vinciri. cum apparitor verecundia maiestatis Postumi laxe vinciret,

quin tu

inquit

adduces ¹ lorum, ut iusta fiat deditio!

[8] tum ubi in coetum ² Samnitium et ad tribunal ventum Ponti est, A. Cornelius Arvina fetialis ita verba fecit:

[9]

Translations (2)

History of Rome Perseus (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)) — 9.10 focus

[2] both the cause itself and the speaker greatly stirred the Conscript Fathers and the others present, including even the tribunes of the plebs, who declared that they would obey the senate, and having forthwith

resigned their office were delivered over to the fetials to be led with the rest to Caudium. when the senate had acted on this motion, it somehow seemed as though day had dawned upon the State.

[3] Postumius was on all men's lips; they extolled him to the skies, and compared his conduct to the devotion of Publius Decius, the consul, ¹ and to other glorious deeds.

[4] The state, they said, had emerged —thanks to his wisdom and his services —from a slavish peace; he was freely giving himself up to the tortures of a resentful foe, that he might make expiation for the Roman People.

[5] men thought of nothing but war and arms.

[6] would ever the hour come, they asked, when they might encounter the Samnites, sword in hand?

in a city ablaze with wrath and hate, the levy was almost wholly made up with volunteers. The same soldiers were enrolled into new legions, and the army marched on Caudium.

[7] before them went the fetials, who, when they had come to the gate, bade the guarantors of peace be stripped and their hands be bound behind their backs.

[8] as the officer, awed by the dignity of Postumius, would have left him loosely bound,

nay , draw the thong tight,

he exclaimed, ²

that the surrender may be duly carried out.

then , on arriving at the assembly of the Samnites and the tribune of Pontius, Aulus Cornelius Arvina the fetial ³ spoke as follows:

[9] " whereas these men, unbidden by the Roman People of the Quirites, have guaranteed that a treaty should be ratified, and by so doing have committed an injury; to the end that the Roman People may be absolved of heinous guilt, I deliver up these men to you.

[10] as the fetial spoke these words, Postumius thrust his knee into the other's thigh, with all the force he could summon up, and proclaimed in a loud voice that he was a Samnite citizen, who had maltreated the envoy in violation of the law of nations, whereby the Romans would make war with the better right.

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 9.10 focus

[1]

Both these arguments, and, still more, the author of them, powerfully affected the senators; as they did likewise every one, not excepting even the tribunes of the commons, who declared, that they would be directed by the senate.

[2] They then instantly resigned their office, and were delivered, together with the rest, to the heralds, to be conducted to Caudium.

[3] On passing this decree of the senate, it seemed as if some new light had shone upon the state: Postumius was in every mouth: they extolled him to heaven; and pronounced his conduct as equal even to the devoting act of the consul Publius Decius, and to other illustrious acts.

[4]

Through his counsel, and exertions,

they said,

the state had raised up its head from an ignominious peace. He now offered himself to the enemy's rage, and to torments; and was suffering, in atonement for the Roman people.

[5] All turned their thoughts towards arms and war, [and the general cry was,]

When shall we be permitted with arms in our hands to meet the Samnites?

[6] While the state glowed with resentment and rancour, the levies were composed almost entirely of volunteers. New legions, composed of the former soldiers, were quickly formed, and an army marched to Caudium.

[7] The heralds, who went before, on coming to the gate, ordered the sureties of the peace to be stripped of their clothes, and their hands to be tied behind their backs. As the apparitor, out of respect to his dignity, was binding Postumius in a loose manner,

Why do you not,

said he,

draw the cord tight, that the surrender may be regularly performed?

[8] Then, when they came into the assembly of the Samnites, and to the tribunal of Pontius, Aulus Cornelius Arvina, a herald, pronounced these words:

[9]

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.

[10] 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.

Notes on the current edition

History of Rome, books 1-10, 21-45

1. Postumius' Advice taken.

2. Pontius Rejects the Sham Surrender.

3. “It is hard to say whether this trickery, at once so base and so foolish, should be ascribed to mere hypocrisy or to fanaticism; for the fanatic is as prone to falsehood as to cruelty, and justifies to himself the one no less than the other by holding that the end sanctifies the means. Yet it is a fanaticism less wicked indeed, but even more extraordinary, when a man like Livy can describe such a scene, and can represent, as he has done, the conduct of Pontius in such strong contrast with that of the Romans, without appearing to feel any admiration of the one or any shame for theother.” ( Arnold, History of Rome, II. p. 225 .) Most English readers will sympathise with Dr. Arnold here; few probably will read without a sense of pain Dr. Mommsen's defence of the part the Romans played in this transaction (pp. 364-5, Vol. I.). The proposition he lays down that “a great nation does not surrender what it possesses except under the pressure of extreme necessity: all treaties making concessions are acknowledgments of such a necessity, not moral obligations” is undoubtedly true from the Roman standpoint, but surely is subversive of any ehtical basis on which international amity can rest to-day.

Titus Livius (Livy) Ab urbe condita 9.10

Rev. Canon Roberts (Translator)

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