[The History of Rome; Books Nine to Twenty-Six by Titus Livius]@TWC D-Link book
The History of Rome; Books Nine to Twenty-Six

BOOK XXI
33/110

For then Hannibal was both accused, and required to be delivered up: now both a confession of wrong is exacted from us, and, as though we had confessed, restitution is immediately demanded.
But I think that the question is not, whether Saguntum was attacked by private or public authority, but whether it was with right or wrong.
For in the case of our citizen, the right of inquiry, whether he has acted by his own pleasure or ours, and the punishment also, belongs to us.

The only dispute with you is, whether it was allowed to be done by the treaty.

Since, therefore, it pleases you that a distinction should be made between what commanders do by public authority, and what on their own suggestion, there was a treaty between us made by the consul Lutatius; in which, though provision was made for the allies of both, there is no provision made for the Saguntines, for they were not as yet your allies.

But in that treaty which was made with Hasdrubal, the Saguntines are excepted; against which I am going to say nothing but what I have learned from you.

For you denied that you were bound by the treaty which Caius Lutatius the consul first made with us, because that it had neither been made by the authority of the senate nor the command of the people; and another treaty was therefore concluded anew by public authority.


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