Submitted for award of PhD September 2006. - King's College London

provides a long list of instances where cities or populations surrendered themselves
and sought protection against military aggression, but this does not mean that deditio
actually happened in Capua's case. First of all, as scholars have pointed out
previously, such an act would be out of place in the flow of events: Capua allegedly
made a deditio yet within two years was allied to the Latins against Rome in the
Latin Wars. It is probable that Livy (or one or more earlier annalists) invented the
deditio of Capua to defend Rome against accusations that it unlawfully attacked the
Samnites, to whom it had been allied since 354 BC. Frederiksen also argues that the
Capuans surrendered in order to compel Rome to defend them, because it was
reluctant to accept their foedus. However, the Romans are said to have refused to
accept the deditio of the Sidicini soon after, although their situation was identical to
that of Capua. 360 They were attacked by the Samnites and sought Rome's help;
instead, the Latins accepted the alliance of the Sidicini. I therefore agree with those
who argue that Capua probably made an alliance with Rome rather than surrendered
to it.
The settlement after the Latin War constitutes a milestone in Roman foreign
policy and had a big effect on relations between Capua and Rome. In 341 BC Capua
joined the so-called rebels in the first part of the Latin War and the Romans were
compelled to ask for Samnite help. However, the Capuan aristocracy, who provided
the cavalry, refused to fight against Rome in the first part of the war. In the second
part of the war Capua withdrew entirely. The peace settlement that followed
stipulated that the ager Falernus was to be confiscated and distributed among the
Roman plebs. 361 Sources mention two peace settlements: the first was drawn up
following the surrender of the Latins and Campanians in 340 BC, the second in 338
360
Livy 8.2.5-7.
361
Livy 8.11.13.
105