Ab urbe condita
Titus Livius (Livy)
Livy. History of Rome, Volumes 1-2. Roberts, Canon, Rev, translator. London, New York: J. M. Dent and Sons; E. P. Dutton and Co., 1912.
Now remember, when once you have given the signal to engage, our two armies will fight under their eyes, so that when we are wearied and exhausted they may attack us both, victor and vanquished alike. If then, not content with the secure freedom we now enjoy, we are determined to enter into a game of chance, where the stakes are either supremacy or slavery, let us, in heaven's name, choose some method by which, without great suffering or bloodshed on either side, it can be decided which nation, is to be master of the other.”
Although, from natural temperament, and the certainty he felt of victory, Tullus was eager to fight, he did not disapprove of the proposal. After much consideration on both sides a method was adopted, for which Fortune herself provided the necessary means.
There[*](The Combat of the Horatii and Curiatii.) happened to be in each of the armies a triplet of brothers, fairly matched in years and strength. It is generally agreed that they were called Horatii and Curiatii. Few incidents in antiquity have been more widely celebrated, yet in spite of its celebrity there is a discrepancy in the accounts as to which nation each belonged. There are authorities on both sides, but I find that the majority give the name of Horatii to the Romans, and my sympathies lead me to follow them.
The kings suggested to them that they should each fight on behalf of their country, and where victory rested, there should be the sovereignty. They raised no objection; so the time and place were fixed.
But before they engaged a treaty was concluded between the Romans and the Albans, providing that the nation whose representatives proved victorious should receive the peaceable submission of the other. This is the earliest treaty recorded, and as all treaties, however different the conditions they contain, are concluded with the same forms, I will describe the forms with which this one was concluded as handed down by tradition.
The Fetial put the formal question to Tullus: “Do you, King, order me to make a treaty with the Pater Patratus of the Alban nation?” On the king replying in the affirmative, the Fetial said: “I demand of thee, King, some tufts of grass.” The king replied: “Take those that are pure.”
The Fetial brought pure grass from the Citadel. Then he asked the king: “Do you constitute me the plenipotentiary of the People of Rome, the Quirites, sanctioning also my vessels and comrades?” To which the king replied: “So far as may be without hurt to myself and the People of Rome, the Quirites, I do.”
The Fetial was M. Valerius. He made Spurius Furius the Pater Patratus by touching his head and hair with the grass. Then the Pater Patratus, who is constituted for the purpose of giving the treaty the religious sanction of an oath, did so by a long formula in verse, which it is not worth while to quote.