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Updated: May 28, 2025
The Romans commonly dispatched the Fecials, or heralds, to those who had offered them injury, requesting satisfaction; and, in case they refused, they then called the gods to witness, and, with imprecations upon themselves and their country should they be acting unjustly, so declared war; against their will, or without their consent, it was lawful neither for soldier nor king to take up arms; the war was begun with them, and, when they had first handed it over to the commander as a just quarrel, then his business was to deliberate of the manner and ways to carry it on.
These fecials Numa Pompilius, the mildest and justest of kings, constituted guardians of peace, and the judges and determiners of all causes by which war may justifiably be made.
The senate being met at Rome, among many others that spoke against the Fabii, the priests called fecials were the most decided, who, on the religious ground, urged the senate that they should lay the whole guilt and penalty of the fact upon him that committed it, and so exonerate the rest.
These Fecials, or guardians of peace, seem to have had their name from their office, which was to put a stop to disputes by conference and speech; for it was not allowable to take up arms until they had declared all hopes of accommodation to be at an end, for in Greek, too, we call it peace when disputes are settled by words, and not by force.
XIII. How far utility is at variance with justice we may learn from the Roman people itself, which, declaring war by means of the fecials, and committing injustice with all legal formality, always coveting and laying violent hands on the property of others, acquired the possession of the whole world.
The matter being debated in the senate, the Fecials were of opinion that Fabius ought to be consigned into the hands of the Gauls; but he, being forewarned of their judgment, fled to the people, by whose protection and favor he escaped the sentence. On this, the Gauls marched with their army to Rome, where, having taken the Capitol, they sacked the city.
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