[
40]
And again in the Second Punic War, after the
1
Battle of Cannae, Hannibal sent to Rome ten Roman
captives bound by an oath to return to him, if they
did not succeed in ransoming his prisoners; and as
long as any one of them lived, the censors kept them
all degraded and disfranchised, because they were
[p. 45]
guilty of perjury in not returning. And they
punished in like manner the one who had incurred
guilt by an evasion of his oath: with Hannibal's permission this man left the camp and returned a little
later on the pretext that he had forgotten something
or other; and then, when he left the camp the second
time, he claimed that he was released from the obligation of his oath; and so he was, according to the
letter of it, but not according to the spirit. In the
matter of a promise one must always consider the
meaning and not the mere words.
Our forefathers have given us another striking
example of justice toward an enemy: when a deserter from Pyrrhus promised the Senate to administer
poison to the king and thus work his death, the
Senate and Gaius Fabricius delivered the deserter
up to Pyrrhus. Thus they stamped with their disapproval the treacherous murder even of an enemy
who was at once powerful, unprovoked, aggressive,
and successful.