Thesauros Literature miscellany Noctes Atticae

Noctes Atticae

Noctes Atticae Gellius, Aulus

Book 6

18 The ten captives come to Rome. They deliver the message of the Punic commander in the senate. The senate refused an exchange. The parents, kinsfolk and connexions of the prisoners amid embraces declared that they had returned to their native land in accordance with the law of postliminium, Recovery of civic rights by a person who has been reduced to slavery by capture in war, Pomponius, Dig. xlix. 15. 5, and 19. and that their condition of independence was complete and inviolate; they therefore besought them not to think of returning to the enemy. Then eight of their number rejoined that they had no just right of postliminium, since they were bound by an oath, and they at once went back to Hannibal, as they had sworn to do. The other two remained in Rome, declaring that they had been released and freed from their obligation because, after leaving the enemy's camp, they had returned to it as if for some chance reason, but really with intent to deceive, and having thus kept the letter of the oath, they had come away again unsworn. This dishonourable cleverness of theirs was considered so shameful, that they were generally despised and reprobated; and later the censors punished them with all possible fines and marks of disgrace, on the ground that they had not done what they had sworn to do.

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