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As to the punishment to be meted out to the senators of Capua, Claudius and Fulvius were anything but unanimous.  Claudius was prepared to grant them pardon, but Fulvius took a much sterner line. Appius Claudius wished to refer the whole question to the senate at Rome.  He maintained that it was but right that the senators should have an opportunity of investigating all the circumstances and finding out whether the Capuans had made any of the allies or the Latins or the municipal burghs privy to their designs, and if so, whether any of these had given them assistance in the war.  Fulvius, on the other hand, declared that the very last thing they ought to do was to harass their faithful allies by vague charges and put them at the mercy of informers who were perfectly indifferent as to what they said or what they did. Any such investigation therefore he should stifle.  After this interchange of views they parted, Appius feeling no doubt that in spite of his violent language his comrade would, in such an important matter, await instructions from Rome.  Fulvius, determined to forestall any such obstacle to his designs, dismissed the council and ordered the military tribunes and the officers of the allies to select 2000 horsemen and warn them to be in readiness by the time the third watch was sounded. Starting with this force in the night, he reached Teanum at day-break and rode straight into the forum.  A crowd had collected at the first entry of the cavalry, and Fulvius ordered the chief magistrate of the district to be summoned, and on his appearance commanded him to produce the Capuans who were in his custody. They were all brought forward and then scourged and beheaded.  Then putting spurs to his horse he rode to Cales. When he had taken his seat on the tribunal and the Capuans who had been brought out were being bound to the stake, a mounted messenger arrived post-haste from Rome and handed Fulvius a despatch from the praetor C. Calpurnius containing the decree of the senate.  The spectators guessed the nature of the contents, and those standing round the tribunal expressed their belief-a belief which soon found expression throughout the Assembly-that the whole question of the treatment of the Capuan prisoners was to be left to the senate. Fulvius thought so too; he took the letter and without opening it placed it in his breast and then ordered his marshal to tell the lictor to carry out the law. Thus, those who were at Cales were also executed.  Now he read the despatch and the decree of the senate. But it was too late to prevent a deed accomplished, which had been hurried on as quickly as possible in order that it might not be prevented.  Just as Fulvius was leaving the tribunal a Capuan named Taurea Vibellius strode through the middle of the crowd and addressed him by name. Fulvius resumed his seat, wondering what the man wanted.  "Order me too," he cried, to be put to death so that you may boast of having caused the death of a braver man than yourself."  Fulvius declared that the man was certainly out of his mind, and added that even if he wished to kill him he was prevented from doing so by the decree of the senate.  Then Vibellius exclaimed, "Now that my native city has been taken, my friends and relations lost to me, my wife and children slain by my own hand to save them from insult and outrage, and since even the opportunity of dying as my fellow-countrymen here have died is refused me, let me seek in courage a release from the life which has become so hateful to me."  With these words he drew out a sword which he had concealed in his garment, and plunging it into his heart fell dying at the general's feet.
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