HKB
if such an one be so brought ashore, and any Roman lay claim to him,[167] he shall be released. In like manner shall the Romans be bound towards the Carthaginians.
“If a Roman take water or provisions from any district within the jurisdiction of Carthage, he shall not injure, while so doing, any between whom and Carthage there is peace and friendship. Neither shall a Carthaginian in like case. If any one shall do so, he shall not be punished by private vengeance, but such action shall be a public misdemeanour.
“In Sardinia and Libya no Roman shall traffic nor found a city; he shall do no more than take in provisions and refit his ship. If a storm drive him upon those coasts, he shall depart within five days.
“In the Carthaginian province of Sicily and in Carthage he may transact business and sell whatsoever it is lawful for a citizen to do. In like manner also may a Carthaginian at Rome.”
Once more in this treaty we may notice that the Carthaginians emphasise the fact of their entire possession of Libya and Sardinia, and prohibit any attempt of the Romans to land in them at all; and on the other hand, in the case of Sicily, they clearly distinguish their own province in it. So, too, the Romans, in regard to Latium, stipulate that the Carthaginians shall do no wrong to Ardea, Antium, Circeii, Tarracina, all of which are on the seaboard of Latium, to which alone the treaty refers.
[Sidenote: Third treaty, B.C. 279.]
+25.+ A third treaty again was made by Rome at the time of the invasion of Pyrrhus into Sicily, before the Carthaginians undertook the war for the possession of Sicily. This treaty contains the same provisions as the two earlier treaties with these additional clauses:—
“If they make a treaty of alliance with Pyrrhus, the Romans or Carthaginians shall make it on such terms as not to preclude the one giving aid to the other, if that one’s territory is attacked.
“If one or the other stand in need of help, the Carthaginians shall supply the ships, whether for transport or war; but each people shall supply the pay for its own men employed on them.
“The Carthaginians shall also give aid by sea to the Romans if need be; but no one shall compel the crews to disembark against their will.”
Provision was also made for swearing to these treaties. In the case of the first, the Carthaginians were to swear by the gods of their ancestors, the Romans by Jupiter Lapis, in accordance with an ancient custom; in the case of the last treaty, by Mars and Quirinus.
The form of swearing by Jupiter Lapis was this. The commissioner for swearing to the treaty took a stone in his hand, and, having taken the oath in the name of his country, added these words, “If I abide by this oath may he bless me; but if I do otherwise in thought or act, may all others be kept safe each in his own country, under his own laws, in enjoyment of his own goods, household gods, and tombs,—may I alone be cast out, even as this stone is now.” And having uttered these words he throws the stone from his hand.
[Sidenote: Misstatement of Philinus.]