Calpurnius, the praetor, and a decree of the senate.  A murmur immediately pervaded the whole assembly, beginning at the tribunal, that the entire question respecting the Campanians was referred to the decision of the fathers, and Fulvius, suspecting this to be the case, took the letter, and without opening it put it into his bosom, and then commanded the crier to order the lictor to do his duty.  Thus punishment was inflicted on those also who were at Cales.  The letter was then read, together with the decree of the senate, when it was too late to prevent the business which was already executed, and which had been accelerated by every means to prevent its being obstructed.  When Fulvius was now rising from his seat, Jubellius Taurea, a Campanian making his way through the middle of the city and the crowd, called upon him by name, and when Flaccus, who wondered greatly what he could want, had resumed his seat, he said, “Order me also to be put to death, that you may be able to boast, that a much braver man than yourself has been put to death by you.”  Fulvius at first said, that the man could not certainly be in his senses, then, that he was restrained by a decree of the senate, even though he might wish it, when Jubellius exclaimed “Since, after the capture of my country, and the loss of my relations and friends, after having killed, with my own hand, my wife and children to prevent their suffering any indignity, I am not allowed even to die in the same manner as these my countrymen, let a rescue be sought in courage from this hated existence.”  So saying, he thrust a sword, which he had concealed under his garment, right through his breast, and fell lifeless at the general’s feet.

16.  Because not only what related to the punishment of the Campanians, but most of the other particulars of this affair, were transacted according to the judgment of Flaccus alone, some authors affirm that Appius Claudius died about the time of the surrender of Capua, and that this same Taurea neither came to Cales voluntarily nor died by his own hand, but that while he was being tied to the stake among the rest, Flaccus, who could not distinctly hear what he vociferated from the noise which was made, ordered silence, when Taurea said the things which have been before related “that he, a man of the greatest courage, was being put to death by one who was by no means his equal in respect to valour.”  That immediately on his saying this, the herald, by command of the proconsul, pronounced this order.  “Lictor, apply the rods to this man of courage, and execute the law upon him first.”  Some authors also relate, that he read the decree of the senate before he beheaded them, but that as there was a clause in it, to the effect, that if he thought proper he should refer the entire question to the senate, he construed it that the decision as to what was most for the interest of the state was left to himself.  He returned from Cales to Capua.  Atella and Calatia surrendered themselves,