When the customary decrees of the senate were passed, they proposed the consideration of the Caudine peace; and Publilius, who was in possession of the fasces, said, "Spurius Postumius, speak:" he arose with just the same countenance with which he had passed under the yoke, and delivered himself to this effect: "Consuls, I am well aware that I have been called up first with marked ignominy, not with honour; and that I am ordered to speak, not as being a senator, but as a person answerable as well for an unsuccessful war as for a disgraceful peace.

However, since the question propounded by you is not concerning our guilt, or our punishment; waving a defence, which would not be very difficult, before men who are not unacquainted with human casualties or necessities, I shall briefly state my opinion on the matter in question; which opinion will testify, whether I meant to spare myself or your legions, when I engaged as surety to the convention, whether dishonourable or necessary: by which, however, the Roman people are not bound, inasmuch as it was concluded without their order; nor is any thing liable to be forfeited to the Samnites, in consequence of it, except our persons.

Let us then be delivered up to them by the heralds, naked, and in chains.

Let us free the people of the religious obligation, if we have bound them under any such; so that there may be no restriction, divine or human, to prevent your entering on the war anew, without violating either religion or justice.

I am also of opinion, that the consuls, in the mean time, enlist, arm, and lead out an army; but that they should not enter the enemy's territories before every particular, respecting the surrender of us, be regularly executed.