22. The first treaty between Rome and Carthage was made in the year of Lucius Junius Brutus and Marcus Horatius [509 BC], the first Consuls appointed after the expulsion of the kings, by which men also the temple of Jupiter Capitolinus was consecrated. This was twenty-eight years before the invasion of Greece by Xerxes. Of this treaty I append a translation, as accurate as I could make it, — for the fact is that the ancient language differs so much from that at present in use, that the best scholars among the Romans themselves have great difficulty in interpreting some points in it, even after much study. The treaty is as follows: — “There shall be friendship between the Romans and their allies, and the Carthaginians and their allies, on these conditions: “Neither the Romans nor their allies are to sail beyond the Fair Promontory, unless driven by stress of weather or the fear of enemies. If any one of them be driven ashore he shall not buy or take aught for himself save what is needful for the repair of his ship and the service of the gods, and he shall depart within five days. “Men landing for traffic shall strike no bargain save in the presence of a herald or town-clerk. Whatever is sold in the presence of these, let the price be secured to the seller on the credit of the state — that is to say, if such sale be in Libya or Sardinia. “If any Roman comes to the Carthaginian province in Sicily he shall enjoy all rights enjoyed by others. The Carthaginians shall do no injury to the people of Ardea, Antium, Laurentium, Circeii, Tarracina, nor any other people of the Latins that are subject to Rome. “From those townships even which are not subject to Rome they shall hold their hands; and if they take one shall deliver it unharmed to the Romans. They shall build no fort in Latium; and if they enter the district in arms, they shall not stay a night therein.”

23. The “Fair Promontory” here referred to is that which lies immediately to the north of Carthage; south of which the Carthaginians stipulated that the Romans should not sail with ships of war, because, as I imagine, they did not wish them to be acquainted with the coast near Byzacium, or the lesser Syrtis, which places they call Emporia, owing to the productiveness of the district. The treaty then goes on to say that, if any one of them is driven thither by stress of weather or fear of an enemy, and stands in need of anything for the worship of the gods and the repair of his vessel, this and no more he may take; and all those who have come to anchor there must necessarily depart within five days. To Carthage, and all the country on the Carthaginian side of the Fair Promontory in Libya, to Sardinia, and the Carthaginian province of Sicily, the treaty allows the Romans to sail for mercantile purposes; and the Carthaginians engage their public credit that such persons shall enjoy absolute security. It is clear from this treaty that the Carthaginians speak of Sardinia and Libya as belonging to them entirely; but, on the other hand, make a distinction in the case of Sicily, and only stipulate for that part of it which is subject to Carthage. Similarly, the Romans also only stipulate concerning Latium; the rest of Italy they do not mention, as not being under their authority.

24. After this treaty there was a second, in which we find that the Carthaginians have included the Tyrians and the township of Utica in addition to their former territory; and to the Fair Promontory, Mastia and Tarseium are added, as the points east of which the Romans are not to make marauding expeditions or found a city. The treaty is as follows: “There shall be friendship between the Romans and their allies, and the Carthaginians, Tyrians, and township of Utica, on these terms: The Romans shall not maraud, nor traffic, nor found a city east of the Fair Promontory, Mastia, Tarseium. If the Carthaginians take any city in Latium which is not subject to Rome, they may keep the prisoners and the goods, but shall deliver up the town. If the Carthaginians take any folk, between whom and Rome a peace has been made in writing, though they be not subject to them, they shall not bring them into any harbors of the Romans; if such an one be so brought ashore, and any Roman lay claim to him, 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 anyone shall do so, he shall not be punished by private vengeance, but such action shall be a public misdemeanor. “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 drives 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 emphasize 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.