To these words two tribunes of the Commons, having been among the sureties, made objection, saying, "Ye cannot set the Roman people free by giving up the sureties, but only by restoring all things as they were at Caudium. Neither do we deserve punishment because we saved the army; and seeing that we are sacred we may not be surrendered to the enemy."

To this Postumius made answer, "If this be so, men of Rome, give up us that are common persons; and as for these sacred tribunes, touch them not till their time of office be ended. Only, if ye will listen to me, afterwards, before ye give them up, beat them with rods in the market-place, and so take usury for the delay of payment. That the Roman people are bound by this peace I deny. Think ye that they had been bound if we had promised to surrender their city, their temples, their land, their rivers, so that all that now belongs to the Romans should belong to the Samnites? And if ye ask me why I made such a peace having no authority, I answer this only. Nothing at Caudium was done wisely, but all things foolishly. The Gods smote not us only, but also the enemy with madness. We went blindly into the peril, and they cast away the victory which they had won. For why did they not send ambassadors to Rome, seeing that it was but a three days' journey, that peace might be made in due form? Surely neither Fathers nor Commons are bound to that in which they had no part. We that were sureties are bound, and we will give ourselves up that they may work their will on us."

Stories From Livy — Part 89

Even the tribunes of the Commons were persuaded by these words, so that they abdicated their office, and were given to the heralds to be led to Caudium together with the consuls and the other sureties. Thereupon the heralds, going before, when they came to the gate, commanded that their garments should be stripped from them that had been sureties for the peace, and that their hands should be bound behind their backs. And when the lictor, for reverence' sake, would have tied the cord loosely about the hands of Postumius, Postumius said, "Nay, but bind tight the cord that the matter may be done rightly." Afterwards, when they were come to the judgment-seat of Pontius, the herald thus spake: "Forasmuch as these men here present without bidding of the Roman people gave themselves as sureties that a treaty should be made, and so did great wrong, I now give up these men to you, that the Roman people may be set free from guiltiness in this matter." While the herald was thus speaking, Postumius with his knee smote him on the thigh with all his might, saying, with a loud voice, "I am a citizen of Samnium, and thou art an ambassador; I have smitten a herald contrary to the law of nations, so that ye will wage war not without good cause."

Stories From Livy — Part 89