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And as for those heroic actions of Cleomenes, we may justly compare with them that of Tiberius, when he was the first who attempted to scale the walls of Carthage, which was no mean exploit. We may add the peace which he concluded with the Numantines, by which he saved the lives of twenty thousand Romans, who otherwise had certainly been cut off.
And therefore, when the army were already upon their march, he returned to Numantia, accompanied with only three or four of his friends; and making his application to the officers of the Numantines, he entreated that they would return him his books, lest his enemies should have it in their power to reproach him with not being able to give an account of the monies entrusted to him.
He was regarded, while he continued with the army, with great affection; and left behind him on his departure a strong desire for his return. After that expedition, being chosen paymaster, it was his fortune to serve in the war against the Numantines, under the command of Caius Mancinus, the consul, a person of no bad character, but the most unfortunate of all the Roman generals.
For this conduct a fine was imposed on the high-born general at his return. His successors Lucius Furius Philus and Gaius Calpurnius Piso had again to wage war against the Numantines; and, inasmuch as they did nothing at all, they fortunately came home without defeat. Scipio Aemilianus
Stripped of his insignia, the Roman consular was conducted to the enemy's outposts, and, when the Numantines refused to receive him that they might not on their part acknowledge the treaty as null, the late commander-in-chief stood in his shirt and with his hands tied behind his back for a whole day before the gates of Numantia, a pitiful spectacle to friend and foe.
In the case of the Numantines the Roman general liberated their captives, and summoned the community under the secret promise of favourable treatment to surrender to him at discretion. The Numantines, weary of the war, consented, and the general actually limited his demands to the smallest possible measure.
The treaty of peace which Mancinus concluded with the Numantines in 617, was in substance the work of Gracchus; the recollection that the senate had cancelled it, that the general had been on its account surrendered to the enemy, and that Gracchus with the other superior officers had only escaped a like fate through the greater favour which he enjoyed among the burgesses, could not put the young, upright, and proud man in better humour with the ruling aristocracy.
The formula of surrender seems to bring the case within the noxoe deditio. /1/ Cicero narrates a similar surrender of Mancinus by the pater-patratus to the Numantines, who, however, like the Samnites in the former case, refused to receive him. /2/ It might be asked what analogy could have been found between a breach of contract and those wrongs which excite the desire for vengeance.
In the case of the Numantines the Roman general liberated their captives, and summoned the community under the secret promise of favourable treatment to surrender to him at discretion. The Numantines, weary of the war, consented, and the general actually limited his demands to the smallest possible measure.
During the first summer the general avoided any conflict with the Numantines; he contented himself with destroying the stores in the surrounding country, and with chastising the Vaccaei who sold corn to the Numantines, and compelling them to acknowledge the supremacy of Rome. It was only towards winter that Scipio drew together his army round Numantia.
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