Or haply, because we are to make use of these birds, and to observe their flight for presage, whiles they are entire, perfect and nothing defective, such as they are before Summer time. But about Autumne some of them moult, grow to be sickly and weake; others are over young and too small; and some againe appeare not at all, but like passengers are gone at such a time into another countrey.
39.
What is the cause, that it was not lawfull for them who were not prest soldiors by oth and enrolled, although upon some other occasions they conversed in the campe, to strike or wound an enemie? And verely Cato himselfe the elder of that name signified thus much in a letter missive which he wrote unto his sonne: wherein he straitly charged him, that if he had accomplished the full time of his service, and that his captain had given him his conge and discharge, he should immediately returne: or in case he had leifer stay still in the campe, that he should obtaine of his captaine permission and licence to hurt and kill his enemie.
Is it because there is nothing else but necessitie alone, doeth warrantize the killing of a man: and he who unlawfully and without expresse commaundement of a superiour (unconstrained) doth it, is a meere homicide and manslaier. And therefore Cyrus commended Chrysantas, for that being upon the verie point of killing his enemie, as having lifted up his cemiter for to give him a deadly wound, presently upon the sound of the retreat by the trumpet, let the man go, and would not smite him, as if he had beene forbidden so to do.
Or may it not be, for that he who presenteth himselfe to fight with his enemie, in case he shrink, and make not good his ground, ought not to go away cleere withal, but to be held faulty and to suffer punishment: for he doth nothing so good service that hath either killed or wounded an enemie, as harme and domage, who reculeth backe or flieth away: now he who is discharged from warfare, and hath leave to depart, is no more obliged and bound to militarie lawes: but he that hath demaunded permission to do that service which sworne and enrolled souldiers performe, putteth himselfe againe under the subjection of the law and his owne captaine.
40.
How is it, that the priest of Jupiter, is not permitted to annoint himselfe abroad in the open aire?
Is it for that in old time it was not held honest and lawfull for children to do off their clothes before their fathers; nor the sonne in law in the presence of his wives father; neither used they the stouph or bath together: now is Jupiter reputed the priests or Flamines father: and that which is done in the open aire, seemeth especially to be in the verie eie and sight of Jupiter?
Or rather, like as it was thought a great sinne and exceeding irreverence, for a man to turne himselfe out of his apparrell naked, in any church, chappell, or religious and sacred place; even so they carried a great respect unto the aire and open skie, as being full of gods, demi-gods, and saints. And this is the verie cause, why we doe many of our necessarie businesses within doores, enclosed and covered with the roofe of our houses, and so remooved from the eies as it were of the deitie. Moreover, some things there be that by law are commaunded and enjoined unto the priest onely; and others againe unto all men, by the priest: as for example, heere with us in Bœotia; to be crowned with chaplets of flowers upon the head; to let the haire grow long; to weare a sword, and not to set foot within the limits of Phocis, pertaine all to the office and dutie of the captaine generall and chiefe ruler: but to tast of no new fruits before the Autumnall Aequinox be past; nor to cut and prune a vine but before the Aequinox of the Spring, be intimated and declared unto all by the said ruler or captaine generall: for those be the verie seasons to do both the one & the other. In like case, it should seeme in my judgement that among the Romans it properly belonged to the priest; not to mount on horseback; not to be above three nights out of the citie; not to put off his cap, whereupon he was called in the Roman language, Flamen. But there be many other offices and duties, notified and declared unto all men by the priest, among which this is one, not to be enhuiled or anointed abroad in the open aire: For this manner of anointing drie without the bath, the Romans mightily suspected and were afraid of: and even at this day they are of opinion, that there was no such cause in the world that brought the Greeks under the yoke of servitude and bondage, and made them so tender and effeminate, as their halles and publike places where their yong men wrestled & exercised their bodies naked: as being the meanes that brought into their cities, much losse of time, engendred idlenesse, bred lazie slouth, and ministred occasion & opportunity of lewdnesse and vilany; as namely, to make love unto faire boies, and to spoile and marre the bodies of young men with sleeping, with walking at a certeine measure, with stirring according to motions, keeping artificiall compasse, and with observing rules of exquisit diet. Through which fashions, they see not, how (ere they be aware) they be fallen from exercises of armes, and have cleane forgotten all militarie discipline: loving rather to be held and esteemed good wrestlers, fine dauncers, conceited pleasants, and faire minions, than hardie footmen, or valiant men of armes. And verely it is an hard matter to avoid and decline these inconveniences, for them that use to discover their bodies naked before all the world in the broad aire: but those who annoint themselves closely within doores, and looke to their bodies at home are neither faulty nor offensive.
41.