United States or Puerto Rico ? Vote for the TOP Country of the Week !
In pursuance of this determination heralds were sent to Rome, and also the dead body of Brutulus; for, by a voluntary death, he avoided the punishment and ignominy intended for him. It was thought proper that his goods also should be delivered up along with the body. But none of all those things were accepted, except the prisoners, and such articles of the spoil as were recognised by the owners.
But instead of taking this course and concluding a military convention, Gavius Pontius thought that he could at once terminate the whole quarrel by an equitable peace; whether it was that he shared that foolish longing of the confederates for peace, to which Brutulus Papius had fallen a victim in the previous year, or whether it was that he was unable to prevent the party which was tired of the war from spoiling his unexampled victory.
The prætors being compelled to take the opinion of the assembly concerning him, a decree was made, "that Brutulus Papius should be delivered into the hands of the Romans; and that, together with him, all the spoil taken from the Romans, and the prisoners, should be sent to Rome, and that the restitution demanded by the heralds, in conformity to treaty, should be made, as was agreeable to justice and equity."
There is a defective passage in Gaius, which seems to say that liability may sometimes be escaped by giving up even the dead body of the offender. /1/ So Livy relates that, Brutulus Papins having caused a breach of truce with the Romans, the Samnites determined to surrender him, and that, upon his avoiding disgrace and punishment by suicide, they sent his lifeless body.
The only alternative they had, was whether the penalty should be the guilty blood of a few, or the innocent blood of all." Some now ventured to name the authors of the war; one name in particular, by the united voices of all, was mentioned, that of Brutulus Papius; he was a man of power and noble birth, and undoubtedly the violator of the late truce.
But instead of taking this course and concluding a military convention, Gavius Pontius thought that he could at once terminate the whole quarrel by an equitable peace; whether it was that he shared that foolish longing of the confederates for peace, to which Brutulus Papius had fallen a victim in the previous year, or whether it was that he was unable to prevent the party which was tired of the war from spoiling his unexampled victory.
The courage of the Samnites was broken; they sent back the Roman prisoners, and along with them the dead body of the leader of the war party, Brutulus Papius, who had anticipated the Roman executioners, when the Samnite national assembly determined to ask the enemy for peace and to procure for themselves more tolerable terms by the surrender of their bravest general.
The courage of the Samnites was broken; they sent back the Roman prisoners, and along with them the dead body of the leader of the war party, Brutulus Papius, who had anticipated the Roman executioners, when the Samnite national assembly determined to ask the enemy for peace and to procure for themselves more tolerable terms by the surrender of their bravest general.