ch. 321.32 [Note] On the death of Tullus, the government in
accordance with the original constitution, again devolved on the senate. They appointed an
interrex to conduct the election. The people chose Ancus Martius as king, the senate
confirmed the choice. His mother was Numa's daughter.
At the outset of his reign-remembering what made his grandfather glorious, and
recognising that the late reign, so splendid in all other respects, had, on one side, been
most unfortunate through the neglect of religion or the improper performance of its rites-he
determined to go back to the earliest source and conduct the state offices of religion as they
had been organised by Numa. He gave the Pontifex instructions to copy them out from the
king's commentaries and set them forth in some public place. The neighbouring states and
his own people, who were yearning for peace, were led to hope that the king would follow
his grandfather in disposition and policy.
[Note] In this state of affairs, the Latins, with whom a treaty had been
made in the reign of Tullus, recovered their confidence, and made an incursion into Roman
territory. On the Romans seeking redress, they gave a haughty refusal, thinking that the
king of Rome was going to pass his reign amongst chapels and altars, In the temperament
of Ancus there was a touch of Romulus as well as Numa. He realised that the great
necessity of Numa's reign was peace, especially amongst a young and aggressive nation,
but he saw, too, that it would be difficult for him to preserve the peace which had fallen to
his lot unimpaired. His patience was being put to the proof, and not only put to the proof
but despised; the times demanded a Tullus rather than a Numa. Numa had instituted
religious observances for times of peace, he would hand down the ceremonies appropriate
to a state of war. In order, therefore, that wars might be not only conducted but also
proclaimed with some formality, he wrote down the law, as taken from the ancient nation
of the Aequicoli, under which the Fetials act down to this day when seeking redress for
injuries. The procedure is as follows:—
The ambassador binds his head in a woollen fillet. When he has reached the
frontiers of the nation from whom satisfaction is demanded, he says, Hear, 0 Jupiter!
Hear ye confines-naming the particular nation whose they are—Hear, 0 Justice! I am the
public herald of the Roman People rightly and duly authorised do I come; let confidence be
placed in my words. Then he recites the terms of the demands and calls Jupiter to witness:
If I am demanding the surrender of those men or those goods, contrary to justice and
religion, suffer me nevermore to enjoy my native land. He repeats these words as he
crosses the frontier, he repeats them to whoever happens to be the first person he meets,
he repeats them as he enters the gates and again on entering the forum, with some slight
changes in the wording of the formula. If what he demands are not surrendered at the
expiration of thirty-three days-for that is the fixed period of grace-he declares war in the
following terms: Hear, 0 Jupiter, and thou Janus Quirinus, and all ye heavenly gods, and
ye, gods of earth and of the lower world, hear me! I call you to witness that this people—
mentioning it by name— is unjust and does not fulfill its sacred obligations. But about
these matters we must consult the elders in our own land in what way we may obtain our
rights.
With these words the ambassador returned to Rome for consultation. The king
forthwith consulted the senate in words to the following effect: Concerning the matters
suits and causes, whereof the Pater Patratus of the Roman people and Quirites hath
complained to the Pater Patratus of the Prisci Latini, and to the people of the Prisci Latini
which matters they were bound severally to surrender, discharge, and make good, whereas
they have done none of these things—say what is your opinion? He whose opinion was
first asked, replied, I am of opinion that they ought to be recovered by a just and righteous
war, wherefore I give my consent and vote for it. Then the others were asked in order,
and when the majority of those present declared themselves of the same opinion, war was
agreed upon. It was customary for the Fetial to carry to the enemies' frontiers a blood-smeared spear tipped with iron or burnt at the end, and, in the presence of at least three
adults, to say, Inasmuch as the peoples of the Prisci Latini have been guilty of wrong
against the People of Rome and the Quirites, and inasmuch as the People of Rome and the
Quirites have ordered that there be war with the Prisci Latini, and the Senate of the
People of Rome and the Quirites have determined and decreed that there shall be war with
the Prisci Latini, therefore I and the People of Rome, declare and make war upon the
peoples of the Prisci Latini. With these words he hurled his spear into their territory.
This was the way in which at that time satisfaction was demanded from the Latins and
war declared, and posterity adopted the custom.
