Let there be no fraudulent dealing on either side, let the whole transaction be annuled, let them resume the arms which they delivered up at the capitulation, let them return to that camp of theirs, let them have everything that they had on the eve of their surrender. When that is done, then let them take a bold line and vote for war, then let the convention and the peace agreed to be repudiated.
Let us carry on the war with the same fortune and on the same ground which we held before any mention was made of peace; the Roman people will not then have any occasion to blame their consuls for pledges they had no right to give, nor shall we have any reason to charge the Roman people with any breach of faith.”
“Will you never be at a loss for reasons why, after defeat, you should not abide by your agreements? You gave hostages to Porsena, afterwards you stole them away.
You ransomed your city from the Gauls with gold, whilst they were in the act of receiving the gold they were cut down. You made peace with us on condition of our restoring your captured legions, you are now making that peace null and void.
You always cloak your dishonest dealing under some specious pretext of right and justice. Does the Roman people not approve of its legion being saved at the cost of a humiliating peace? Then let it keep its peace to itself, only let it restore to the victor its captured legions.
Such action would be in accord with the dictates of honour, with the faith of treaties, with the solemn proceedings of the fetials. But that you should secure what you stipulated for, the safety of thousands of your countrymen, whilst I am not to secure the peace which I stipulated for when I released them —is this what you Aulus Cornelius and you fetials call acting according to the law of nations?”
“As to those men whom you make believe to surrender I neither accept them nor do I regard them as surrendered, nor do I hinder them from returning to their countrymen, who are bound by a convention, the violation of which brings down the wrath of all the gods whose majesty is being trifled with.
True, Spurius Postumius has just struck the herald fetial with his knee, then wage war! Of course the gods will believe that Postumius is a Samnite citizen not a Roman, and that it is by a Samnite citizen that a Roman herald has been maltreated, and that for that reason you are justified in making war upon us.
It is sad to think that you feel no shame in exposing this mockery of religion to the light of day, and that old men of consular rank should invent excuses for breaking their word which even children would think beneath them.
Go, lictor, remove the bonds from the Romans, let none of them be hindered from departing where they please.” Thus set free they returned to the Roman camp, their personal obligations and possibly those of the State having been discharged.
The
They saw that they had fallen between the two, and by adopting a middle course had exchanged the secure possession of victory for an insecure and doubtful peace.
They realised that they had lost the chance of doing either a kindness or an injury, and would have to fight with those whom they might have got rid of for ever as enemies or secured for ever as friends. And though no battle had yet given either side the advantage, men's feelings had so changed that Postumius enjoyed a
greater reputation amongst the Romans for his surrender than Pontius possessed amongst the Samnites for his bloodless victory.
The Roman regarded the possibility of war as involving the certainty of victory, whilst the Samnites looked upon the renewal of hostilities by the Roman as equivalent to their own defeat. In the meantime, Satricum revolted to the Samnites. The latter made a sudden descent on Fregellae and succeeded in occupying it in the night, assisted, there is no doubt by the Satricans.
Mutual fear kept both the Samnites and the Fregellans quiet till daylight, with the return of light the battle began. For some time the Fregellans held their ground, for they were fighting for their hearths and homes and the noncombatant population assisted them from the roofs of the houses.
At length the assailants gained the advantage by adopting a ruse. A proclamation was made that all who laid down their arms should depart unhurt, and the defenders did not interfere with the crier who made it Now that there were hopes of safety they fought with less energy and in all directions arms were thrown away.
Some, however, showed more determination and made their way fully armed through the opposite gate. Their courage proved a better protection than the timid credulity of the others, for these were hemmed in by the Samnites with a ring of fire, and in spite of their cries for mercy were burnt to death..
After arranging their respective commands, the consuls took the field. Papirius marched into Apulia as far as Luceria, where the equites who had been given as hostages at Caudium were interned; Publilius remained in Samnium to oppose the legions who had been at Caudium.
His presence made the Samnites uncertain how to act; they could not march to Luceria for fear of exposing themselves to a rear attack, nor did they feel satisfied to remain where they were, as Luceria might in the meantime he lost.