That the Roman Captains were never punished with extreme severity for Misconduct; and where loss resulted to the Republic merely through their Ignorance or Want of Judgment, were not punished at all.

The Romans were not only, as has been said above, less ungrateful than other republics, but were also more lenient and more considerate than others in punishing the captains of their armies. For if these erred of set purpose, they chastised them with gentleness; while if they erred through ignorance, so far from punishing, they even honoured and rewarded them. And this conduct was well considered. For as they judged it of the utmost moment, that those in command of their armies should, in all they had to do, have their minds undisturbed and free from external anxieties, they would not add further difficulty and danger to a task in itself both dangerous and difficult, lest none should ever be found to act with valour. For supposing them to be sending forth an army against Philip of Macedon in Greece or against Hannibal in Italy, or against any other enemy at whose hands they had already sustained reverses, the captain in command of that expedition would be weighted with all the grave and important cares which attend such enterprises. But if to all these cares, had been added the example of Roman generals crucified or otherwise put to death for having lost battles, it would have been impossible for a commander surrounded by so many causes for anxiety to have acted with vigour and decision. For which reason, and because they thought that to such persons the mere ignominy of defeat was in itself punishment enough, they would not dishearten their generals by inflicting on them any heavier penalty.

Of errors committed not through ignorance, the following is an instance. Sergius and Virginius were engaged in the siege of Veii, each being in command of a division of the army, and while Sergius was set to guard against the approach of the Etruscans, it fell to Virginius to watch the town. But Sergius being attacked by the Faliscans and other tribes, chose rather to be defeated and routed than ask aid from Virginius, who, on his part, awaiting the humiliation of his rival, was willing to see his country dishonoured and an army destroyed, sooner than go unasked to his relief. This was notable misconduct, and likely, unless both offenders were punished, to bring discredit on the Roman name. But whereas another republic would have punished these men with death, the Romans were content to inflict only a money fine: not because the offence did not in itself deserve severe handling, but because they were unwilling, for the reasons already given, to depart in this instance from their ancient practice.

Of errors committed through ignorance we have no better example than in the case of Varro, through whose rashness the Romans were defeated by Hannibal at Cannæ, where the republic well-nigh lost its liberty. But because he had acted through ignorance and with no evil design, they not only refrained from punishing him, but even treated him with distinction; the whole senate going forth to meet him on his return to Rome, and as they could not thank him for having fought, thanking him for having come back, and for not having despaired of the fortunes his country.

Again, when Papirius Cursor would have had Fabius put to death, because, contrary to his orders, he had fought with the Samnites, among the reasons pleaded by the father of Fabius against the persistency of the dictator, he urged that never on the occasion of the defeat of any of their captains had the Romans done what Papirius desired them to do on the occasion of a victory.