Question 39. Why is it unlawful for such as are not mustered (although they be otherwise conversant in the army) to slay an enemy or wound him?

Solution. This thing Cato Senior hath made clear in a certain epistle, writing to his son and commanding him, if he be discharged of the army having fulfilled his time there, to return; but if he stay, to take commission from the general to march forth in order to wounding and slaying the enemy. Is it the reason, that necessity alone can give warrant for the killing of a man, while he that doth this illegally and without commission is a murderer? Therefore Cyrus commended Chrysantas that, when he was about to slay an enemy and had lifted up his scimitar to take his blow, hearing a retreat sounded, he let the man alone and smote him not, as being prohibited. Or is it that, if a man conflicts and fights with his enemies and falls under a consternation, he ought to be liable to answer for it, and not escape punishment? For verily he doth not advantage his side so much by smiting and wounding him, as he doth mischief by turning his back and flying. Therefore he that is disbanded is freed from martial laws; but when he doth petition to perform the office of a soldier, he doth again subject himself to military discipline and put himself under the command of his general.

Question 40. Wherefore was it unlawful for a priest of Jupiter to be anointed abroad in the air?

Solution. Was it not because it was neither honest nor decent to strip the sons naked whilst the father looked on, nor the son-in-law whilst the father-in-law looked on? Neither in ancient times did they wash together. Verily Jupiter is the father, and that which is abroad in the open air may be especially said to be as it were in the sight of Jupiter. Or is it thus? As it is a profane thing for him to strip himself naked in the temple or holy place, so did they reverence the open air and firmament, as being full of Gods and Daemons? Wherefore we do many necessary things within doors, hiding and covering ourselves in our houses from the sight of the Gods. Or is it that some things are enjoined to the priest only, other things to all by a law delivered by the priest? With us (in Boeotia) to wear a crown, to wear long hair, to carry iron arms, and not to enter the Phocian borders are peculiar, proper pieces of the magistrate’s service; but not to taste autumnal fruits before the autumnal equinox, and not to cut a vine before the spring equinox, are things required of all by the magistrate. For each of these has its season. After the same manner (as it appears) among the Romans it is peculiar to the priest neither to make use of a horse, nor to be absent from home in a journey more than three nights, nor to put off his cap, on which account he is called Flamen.See Varro, Ling. Lat. V. 84: Quod in Latio capite velato erant semper, ac caput cinctum habebant filo, flamines dicti. Festus, s. v. Flamen Dialis: Flamen, quasi filamen. (G.) Many other things are enjoined to all sorts of men by the priest; of which one is not to be anointed abroad in the open air. For the Romans have a great prejudice against dry unction; and they are of opinion that nothing hath been so great a cause to the Grecians of slavery and effeminacy as their fencing and wrestling schools, insinuating so much debauchery and idleness into the citizens, yea, vicious sloth and buggery; yea, that they destroyed the very bodies of youths with sleeping, perambulations, dancing, and delicious feeding, whereby they insensibly fell from the use of arms, and instead of being good soldiers and horsemen, loved to be called nimble, good wrestlers, and pretty men. It is hard for them to avoid these mischiefs who are unclothed in the open air; but they that are anointed within doors and cure themselves at home do commit none of these vices.