And with respect to the statement that God is not merely a judge, but an avenger, the sense of religion appears to be strengthened by the fear of immediate punishment which awaits the offender.
And for individuals to worship private gods, or new gods, or strange gods, would introduce a confusion of religions, and all kinds of unknown ceremonies. This is not the way in which gods accepted by the priests and by the senate should be worshipped, even if they approved of such regulations.
I think the temples of our ancestors should be maintained in our cities. In which respect I do not agree with the doc- trine of the Persian Magi, by whose advice, they say, Xerxes set fire to the temples of the Greeks, because they enclosed between the walls the Gods, to whom all things are free and open, and whose appropriate temple and dwelling- “place is the boundless universe.
_ XI. The Greeks, and the Romans after them, have adopted 440 ON THE LAWS, a more rational opinion, who, in order to confirm the devotion which we entertain for the gods, have wished them to inhabit the same cities which we abide in ourselves. For this opinion promotes a religion which has a useful influence on society, _ For, according to the noble sentence of Pythagoras, “then chiefly do piety and religion flourish in our souls, when we are occupied in divine services.” And according to Thales, the most renowned of the seven sages of Greece, “men ought to be persuaded that all things which are seen are full of the gods.” For that all men will be the more pure and holy when they frequent the temples of the gods, for there, in a certain sense, they have the divine images, not only impressed on their minds, but actually presented before their eyes. The Same argument applies to the preservation of the sylvan fanes and sacred groves, Nor are the religious honours, which, according to ancestral custom, masters and servants pay to the dares, in the courts of our villas and farms, to be abated.
The rights of ancestors are likewise to be preserved in their families, for since the ancients approached nearest to the gods, that religion which the gods handed down to them is a tradition most worthy of memorial.
And when the law commands us to render divine honours to those of the human race who have been consecrated as deities, such as Hercules, and the rest of the demi-gods, it indicates that the souls of all men indeed are immortal, but that those of saints and heroes are divine.
Itis right, also, that Intelligence, Piety, Valour, and Fidelity should be formally consecrated; all of whom possess temples which have been publicly dedicated to them at Rome, so that those who cultivate these admirable virtues, as indeed all worthy men do, may think that they have the gods themselves seated in their souls.
But what is scarcely to be tolerated is, that at Athens they should have raised a temple to Insolence and Impudence, as they did at the instigation of Epimenides of Crete, after the expiation of the crime of Cylon, For it is the Virtues, and not the Vices, which it is becoming to consecrate. Now there is an ancient altar on the Palatine hill dedicated to Fever, and another on the Esquiline hill sacred to Misfortune, which is detestable, for all things of this kind should be repudiated.
ON THE LAWS. 44] ON THE LAWS. 44] But when we forge titles according to the fancy of the poets, and call Jove Vicepota, from his power of conquering,’ and taking possession; and speak, too, of Stata,? and Stator,’ and the invincible Jupiter, and consecrate the names of desirable things, such as Safety, Honour, Wealth, and Victory, we perhaps do little harm; and, since our minds are sup- ported by the expectation of excellent things, it was not amiss for Calatinus to consecrate Hope. And Fortune may be either this day’s fortune, for she embraces all days, or retro- spective fortune, as bringing assistance; and we may worship her as Chance, as presiding over irregular accidents, or under the name of primé genia, from producing.* * t RP XII. Then comes the order of Festivals and Holidays, in which all men should be free, and spend their time without strife or litigation, and which afford the slaves periods of rest and cessation from labour, which the arranger of the calendar ought to appoint, with a just reference to the seasons of the year, so that their distribution may rather facilitate than in- terrupt the useful labours of agriculture. And with respect to the time when the rites of sacrifice are to be offered, with the young animals appointed by Jaw, the exact intervals of intercalation are to be accurately observed, an institution which, originating with Numa, was impaired by the negligence of subsequent pontifis.
It is not desirable to change the regulations which the pontifis and soothsayers have made respecting what sacrifices are to be offered to each god, as to whether they are to be full- grown victims or sucklings, or males or females.
With respect to the priests, the great number cf those who serve all the gods, and those, too, who are attached to a single deity, ought to be ready to answer all questions about law, and to explain all the ordinances and duties of religion.
Now as Vesta, according to the meaning of the Greek word, which the Latins haye retained, is as it were the perpetual fire of the city, the vestal virgins preside over it with the greatest propriety, that they may the more easily keep the sacred flame ever burning and inviolable, and that women 1 Vincendi, et potiendi, 2 Probably the same as Vesta. 3 A name given to Jupiter as stopping the flight of armies. 4 From primus, first, and gigno, to produce.
_ 5 Here some of the original is lost, AAD ON THE LAWS.
may learn that the purest chastity constitutes the perfection of their nature.
What follows concerns not religion only, but the general order of the state; namely, the prohibition which restrains private individuals from offering sacrifices without the super- intendence of the public ministers of religion. For it amounts to this, that under a sound government the people have always need of the counsel and authority of the chief men; and the order of priests should take cognizance of every kind of ortho- dox religion. | For there is one class appointed to propitiate the gods, when offended, who preside over solemn sacrifices; others are ordained to interpret the predictions of the prophets, not in- deed of many prophets, lest their tasks should be infinite, and lest any one out of the college should know those matters which were decided on for the public good.
One of the greatest and most important offices in the Commonwealth is that of the augurs, conjoined as it is with the highest authority. I do not say this because I am an augur myself, but because we are bound to be of this opinion. For what can be more important in respect of official dignity, than the power of dismissing the assemblies of the people, and the councils, though convoked by the chief rulers, or of annulling their enactments? What, I say, can be more abso- lute power than that by which even a single augur can. adjourn any political proceeding to another day? What can be, more transcendent than that authority which may com- mand even consuls to lay down their office? What more sacred than their power of granting or refusing permission to _ form treaties and compacts? or their power of abrogating laws which have not been legitimately enacted, as in the case of the Titian law, which was annulled by a decree of the pon- tifical college; and the Livian Jaw, which was likewise an- nulled by the advice of Philippus, who was at once consul and augur. What can be more honourable than the fact that there is no edict of the magistrates, relating either to domes- tic or foreign affairs, which can be ratified without the augur’s authority. 3 M!
XIII. Atticws.—I know all that, and I confess that their authority is very great; but there is a warm dispute in your colleges between Marcellus and Appius, two of your best ON THE LAWS. 443 augurs. For I have met with the books of both, and I find that one of them affirms that auspices are merely got up for the interests of the state, and the other seems to think that they really are supernatural divinations. Now, I ask, what is your opinion on this point ¢ Marcus.—For myself, I sincerely believe that there exists an art which the Greeks call Mavrixy, or divination; and that the flight of birds and other signs, which the augurs profess to observe, form a part of this divination. For when we grant the existence of the supreme gods, and their intellectual government of the universe, and their benignant considera- tion for the interests of the human race, and their power of granting us intimations of future events, I know not why we should deny the art of divination. And ‘the signs which they give are such as I have already mentioned, by which the truth of my position is conclusively proved. | Besides this, not only does the history of our Common- wealth afford us an infinite number of ‘examples which con- firm this truth, but all kingdoms, peoples, and nations, bear testimony that in many instances the predictions ‘of augurs have been: wonderfully fulfilled. Thus the traditions of Polyidus,* Melampus,*? Mopsus,’ Amphiaraus,* Calchas,> and Helenus,® would not have made so much noise in the world, nor would they at this time be accredited by so many nations, —Arabians, Phrygians, Lycaonians, Cilicians and Pisidians+— unless antiquity had handed them down as true and indis- putable. Nor would our Romulus have consulted the auspices before he founded Rome,‘ nor would the name of -Accius Navius have so long flourished in the memory of our citizens, if events had not justified their wonderful predictions. But, 1 Polyidus is mentioned in the Iliad, xiii, 663, as the father of Kuchenor. He wasa soothsayer of Corinth, = = aati ? Melampus is mentioned in the Odyssey, xv. 225, as a soothsayer in Pylos. He was looked upon by the ancients as the first mortal who practised divination, and as the introducer of the worship of Bacchus into Greece. In the latter part of his life he ruled over a part of Argos. 5 Mopsus was one of the Lapithe. 3 a * Amphiaraus was a descendant of Melampus, king of Argos, and one of the seven chiefs who besieged Thebes. > _ 563 ee ° Calchas was, as is universally known, the soothsayer of the Greek army in the Trojan war, | | ie WI ° Helenus was a son of Priam, and very eminent as a prophet. See Virg. An, iii, 245—374, oa a. Se th A ME Ti 444 ON THE LAWS.
doubtless, this science and art of augury has to some extent vanished away by age and negligence. ‘Therefore, for my part, [ neither agree with Marcellus, who maintains that our college of augurs never was in possession of this science; nor do I agree with Claudius, who asserts that we still preserve it. And, indeed, it appears to me, among our ancestors to have been of a twofold nature, so that it was sometimes used for political convenience, though very often as a real guide and director in counsel and action.; XIV. Atticus—I think that that was the case, and I very much agree with these views of yours on the subject,— but proceed.
Marcus.—I will, and as concisely as possible. What follows relates to the rights of war; in commencing, conducting, and concluding which, justice and good faith are of the greatest importance. By our law we have, therefore, appointed public interpeters of these rights.
As to the religious duties of the soothsayers, and their ex- plations and sacrifices, I think that enough, and more than enough, is said in the law itself.
Atticus.—I think so too, since that branch of the law relates exclusively to religious ceremonials.
Marcus.—As to what follows, my Atticus, I scarcely know in what terms it becomes me to animadvert upon it, or you to assent to it.
A tticus.—What is that?
Marcus.—The law respecting the nocturnal sacrifices of women., Atticus.—Oh! I assent to their suppression by all means, with the exception.of those solemn and public sacrifices con- tained in the law itself.. _ Marcus.—But if we suppress the nocturnal sacrifices, what will become of the august mysteries of Iacchus and the Eumolpide? For we are constructing laws, not for the Romans only, but for all just and valiant nations.
Atticus.—I think it but courteous to except those mysteries likewise, in which we ourselves have been initiated.
Marcus.—With all my heart let us except them, Tor it seems to me that among the many admirable and divine things your Athenians have established to the advantage of human society, there is nothing better than the mysteries by ON THE LAWS. 445 which we are polished and softened into politeness from the rude austerities of barbarism. Justly indeed are they called initiations, for by them we especially learn the grand princi- ples of life, and gain, not only the art of living agreeably, but even that too of dying with a better hope.
But the comic poets are sufficient to show what displeases me in the nocturnal mysteries. If such licence was allowed at Rome, what abominations might not be committed by the man who should carry premeditated debauchery into the mysteries, in which even a stolen glance was in ancient times a crime?
Atticus.—Content yourself with proposing this law for Rome: do not rob the Greeks of their customs.: XV. Marcus.—Well, then, let us return to our laws, in which it is most diligently ordained that the clear daylight should be the safeguard of female virtue in the eyes of the multitude; and that they should only be initiated in the mysteries of Ceres, according to the Roman custom..
In reference to this topic, we have an extraordinary in- stance of the severity of our ancestors in the public prose- cution and punishment of the Bacchanals by the senate, supported by the consular armies. And this severity of the Roman government is not singular, since Diagondas of Thebes, in the middle of Greece, suppressed all nocturnal mysteries by a perpetual prohibition. And; Aristophanes, the most facetious of the old Greek comedians, so satirized the new gods and the nocturnal rites of their worship, that he repre- sents Sabazius and other foreign deities condemned as aliens, and obliged to pack off from the city.
But the public priest shall acquit of guilt those irregu- larities committed by imprudence, and which have been carefully expiated. But he shall judge as scandalous and impious the audacity which would introduce impure religious customs.
With respect to public shows and amusements, since they are generally divided into those of the circus and of the theatre, let corporeal contests, such as running, boxing, wrestling, and chariot-races for the palm of victory, be confined to the circus. And let dramatic recitations, with vocal music and singing, and lyres and flutes, be practised in the theatre as by law prescribed, as long as they are kept within the bounds of 446 ON THE LAWS.
moderation. For I think with Plato that nothing more readily influences tender and susceptible minds, than the varied melodies of music; whose power of raising both good and evil passions is almost beyond expression; for music can excite the depressed, and depress the excited, and augment our energies, or contract them. It would have been well for | many of the Greek cities, if they had maintained the spirited and invigorating character of their ancient. music; for since their music has been changed, their morals and manners have lapsed into voluptuousness and effeminacy: either be- cause, as some people think, their dispositions have been depraved by this seducing and enervating music; or because, after severity of virtue had yielded to the temptation of other vices, there was then found room, both in their ears and in- celinations, for this change also. ) Therefore it was that Plato, that wisest and by far the most learned philosopher of Greece, so much dreaded the effects of music on his fellow-countrymen: for he denied that it was possible to change the laws of music, without likewise changing the public laws. But though I am not quite so apprehensive as he with respect to the influence of music, I by no means believe that it. deserves to be slighted. Without going further, let me observe the effect of that influence among our Romans. The verses of Livius and Neevius, which used.to be sung with a manly simplicity and energy, are now chanted forth with all sorts of grimaces and contortions of the eyes and head, according to the variation of the airs. Ancient Greece never permitted this sort of conduct, wisely foreseeing, how gradually this kind of effeminacy, if it once got possession of the citizens, would ruin all their cities with false arts and evil principles. And therefore the stern Lace- demon ordained that the harp of Timotheus should possess but seven chords, and that the rest should be taken away.
XVI. Our next legal maxim is, that we should retain what- ever is best in our ancient customs. When the Athenians consulted the Pythian Apollo what religious observances they sKould chiefly cultivate, the oracle answered, “ Those which were in accordance with the customs of their ancestors.” And when the Athenians came to consult the oracle again, alleging that the customs of their ancestors had been often changed, and desired to know which custom they should select from ON THE LAWS. 447 the variety, the oracle replied, The best. And indeed the’ truth is, that for the most part that is to be accounted the most ancient and the nearest the gods which is the best, We have by another legal maxim prohibited the levy of rates for private emoluments, with the exception of those that are made during a few days in honour of Cybele. Such a custom fills men’s mind with superstition, and impoverishes their families.
We have awarded a due punishment for all sacrilegious persons, not those: only who rob a temple, but also those who steal anything which has been entrusted to a temple, a custom which exists in many temples. Thus Alcxander 1s said to have consigned a sum of money in the temple of Soli in Cilicia, and Clisthenes the Athenian, a very worthy citizen, when he thought his fortune was in danger, consigned his daughters’ dowries to the care of Juno, in her temple at Samos, | We must now come to the question of perjury; with regard to the laws against incest, this is not the place to say anything. rae - Let impious criminals listen to Plato, that they may not dare to attempt to propitiate the Gods with gifts; for he for- bids us to doubt what feelings God must entertain towards such when even a good man is not willing to receive presents; from a wicked one. Diligence in paying our vows, and care in making them as obligations to God, is sufficiently enjoined” in the law; but the punishment of those who violate the sacred rites of religion, cannot reasonably be objected to.
Why need I here cite the examples of those impious wretches of whose crimes and punishments the tragedies are full? Let us rather speak of those things which come under. our own observation. And though I am apprehensive lest the following may seem to have surpassed the usual fortune of men, yet as our present conversation is so familiar and confidential between ourselves, I will hide nothing; and J trust that what I shall say may be looked upon rather as a. mark of my gratitude towards the immortal gods, than as. a piece of offensive boasting. é |: - XVIL At that time all the laws of religion were polluted 1 There is a hiatus here.: | 448 ON THE LAWS.
448 ON THE LAWS.
by the wickedness of abandoned citizens, during the period of my banishment. My domestic gods and lares were violated, and a temple to licentiousness built on the ruins of their edifice; while he who alone could defend them was driven from their altars. Consider, then, a moment, (for I need not mention names,) what was the termination of such proceed- ings. I, who suffered not the statue of Minerva, the guardian of our city, to be polluted by impious hands during the uni-— versal ruin of my house and property, and who conveyed her safely from my home to the temple of her own Father; did I not by thus acting obtain the suffrage of the senate, and Italy, and in short of all nations of the earth, as the pre- server of my country?—than which what more glorious thing could happen to mortal man?
And of my enemies, on the other hand, who had abomi- nably violated the sacred rites of religion, some were put to confusion and banished into different countries; but those who were their chiefs, and who headed them in all their crimes and impieties, not only suffered degradation during life, but were denied the privilege of sepulture and funeral ceremonies.
Quintus.—Yes, my brother, you have described these events as they occurred, and we cannot feel too grateful to the Gods; but we too often see conduct of this kind meet with a very different requital.
Marcus.—That is because we judge not as we ought to Judge, respecting divine punishments; but we are carried by the tide of public opinion into error, and do not discern the true nature of things. We estimate the miseries of man by death, pain of body, sorrow of mind, or judicial punishments, which, I grant, are accidents to which mankind is liable, and are such as have befallen many good men; and there is a grievous punishment of guilt, which is in itself an evil of in- finite magnitude, even exclusive of the external results which attend it. I have seen those, who, had they not been enemies to their country, would never have been foes to me, tormented. beyond description by their own bad passions; racked with concupiscence, and with terror and evil conscience: at one time through fear not knowing what to do; at another contemning religion, breaking down all the enactments of justice, and corrupting the judgments of men, though they could not corrupt the Gods. But I must restrain myself, and ON THE LAWS. 449 ON THE LAWS. 449 go no further in invective; and I have the less occasion to do so, because my vengeance has already been carried beyond my desire. I would only lay it down that thus much is proved, that the divine punishment is of a twofold nature, in- asmuch as it consists in the pangs of conscience while they live, and in such a character of them after they are dead that their destruction is approved of by the judgment and satisfac- tion of the living.
XVIII. I entirely agree with Plato, that private estates ought not to be consecrated, who, if I can but translate them correctly, uses nearly these words: “The earth, therefore, is consecrated to all the gods, as the grand altar of all homes. Therefore, let no one consecrate a second time what is already consecrated. As to gold and silver, in cities, or in private houses, or in temples, this sort of property is but a hateful thing to be consecrated. Asgto ivory, which‘ is extracted from a lifeless body, it is scarcely pure enough to be a gift for the Gods. Brass and iron are the instruments of war, not of a temple. With regard to wood, if any one wishes to dedicate a statue of wood to a divinity, let it be formed from a single tree. The same remark applies to the statues of stone in common temples. As to the airy woven work, it should not be more elaborate than a woman can make it in a month. And the colour white is most agreeable to God, in general, and especially so in woven fabrics. And let there be no dyed colours, excepting on military decorations. And the most suitable offerings which we can offer to the Gods are birds, and other simple figures, such as one painter may draw in one day; and let the other gifts have the same character of simplicity.”
Such is the opinion of Plato. For my part, I am not quite so strict in my limitations, having to regard both the present tone of public morals, and the luxurious habits of the times, Besides, I suspect that agricultural industry would languish, if superstitious ceremonials were allowed unduly to interfere with the cultivation of the ground by the instruments of husbandry. re Atticus.—I understand you; it remains for you to speak on the perpetual sacrifices and the rights of the Manes.
Marcus.—What a wonderful memory you possess, my Atticus! I had forgotten that. point.
DE NAT, ETC, GG A50 ON THE LAWS.
Atticus—Very likely. Nevertheless, I recollect these things the better, and expect them with more anxiety, because they are associated both with the pontifical and civil law.
Marcus.—Very true; and on these points our statutes and written enactments are very clear and distinct. And for my part, throughout all this familiar conversation, to what- ever kind of law our discussion may conduct me, I will treat of our civil jurisprudence with as much simplicity as possible —in such a manner, that you may easily distinguish on what principle every legal case depends; so that it will not be difficult for any one possessed of a moderate share of intelli- gence to find the rights of the question, whatever new cause or consultation shall arise, when he shall know how to refer the points of debate to their appropriate maxim. ) XIX. But, unhappily our lawyers, either for the sake of raising casuistical objections a order that they may seem to know more difficult points than they really understand—or, as is most likely, through ignorance of the art of teaching and conveying instruction (for not only is art shown in know- ing a thing, but there is also a certain art in teaching it)—our lawyers, 1 say, often divide a legal doctrine, which is essen- tially simple, into an infinite variety of technical distinctions. With relation to our present topic, for instance, what a won- derful cloud of sophistries has been raised -by the two Sezevolas, both pontiffs, and both equally skilful in the law! “ Often,” says Publius the son, “have I heard from my father, that no one can make a good pontiff, unless he understands the civil law.” What, the whole of it? Why so? What in the world has a pontiff to do with the rights of partition walls, aqueducts, &c.? Or does he mean only that part of the civil Jaw which is connected with ecclesiastical polity? But how inconsiderable is this, with the exception of certain sacrifices, vows, holidays, burials, and things of that kind. Why, then, should we make these of so much importance, when the others are so insignificant? sa Concerning those sacrifices however, which topic is a more extensive one, this should be our only opinion: that they should be preserved perpetually,—and pass in succession through families, so that, as I have stated in my account of the law, the sacred rites may be constant. On this principle, the poutiffs have decided that these rites should be handed ON THE LAWS. 451 down through all generations, so that their memorial should not fail with the life of the ancestor, and that their obliga- tions should devolve“on those who inherit the family estates.
On this principle alone, which might suffice for the regulation of all relative cases, have our lawyers raised innumerable quibbles, which fill their books. They demand, forsooth,; who are bound to administer these sacred rites? Common justice evidently points out the heir of the deceased; for there is no other person who more appropriately occupies the position of - him who has departed. Next to the heir, stands the legatee, who by the death of the deceased, or by virtue of his will, sometimes takes as much as all the heirs. All this is implied in the maxim, and perfectly corresponds to its design. Thirdly, if there be no heir, the obligation attaches to him who takes the largest share of the goods which belonged to the deceased. Fourthly, if there be no heir or legatee who receives anything, it binds the chief creditor, who | gains the largest share of the estate. The last person on whom the: obligation of discharging the sacred rites can fall, is the debtor. of the defunct, who ‘not having discharged the debts he owed him, will stand in the same position as if he had received a leeacy to an equivalent amount..
XX. It is thus that Sceevola instructed us in many points of law, which were not so defined by our forefathers, For _ they regulated the whole business in the following simple \ terms:—“ A person may become liable to the obligation of discharging the sacred rites of the deceased in three ways; first, as the heir; secondly, as the legatee, who takes the greater part of the property; thirdly, as the largest creditor, in case the estate is encumbered. But we learn one thing from Sczevola the pontiff, namely, that all the new arrange- ments depend on a single principle, which is the wish of the | priests to attach the money to the sacred rites; and they judge all festivals and ceremonies by the same rule. |: The Sceevolas likewise establish this regulation, when there. is a division of the inheritance; namely, that if a due alliow- ance is net set down in the lewacy, and the legatees receive less than all the heirs, they should not be bound to discharge _ the sacred rites. In donations, however, they interpret the same thing in quite a different manner, and ratify whatever: the ancestor shall approve in the donation of a person: under Ga2 452 ON THE LAWS, his superintendence; and do not ratify whatever has been. done without his approbation and participation.
On such topics, a thousand little questions arise, which any one who does not at once understand them may solve by himself, by referring them to their proper maxim and prin- ciple. For instance,—if through fear of being charged with the sacred rites, a legatee took less than his legacy, and after-. wards one of the heirs of this legatee claimed on his own account that portion which the legatee had relinquished, and these two sums, joined together, equal that which was be- queathed to all the heirs; then he who claimed this relin- quished portion would be bound to perform the sacred rites, | without encumbering his co-heirs. They determine, however, with regard to the legatee, that where the legacy is too great to be lawfully exempted from these rites, he may pay a part by weight and balance to the testamentary heir, so that in this case, the heir being charged, the money of the legatee is no further liable.
XXI. On this point, as on many others, I should be glad if you two Sczevolas, supreme pontiffs, and shrewd and able men, as I confess you to be, would inform me why you seek to perplex the pontifical law with the subtleties of the civil, law? For you, in fact, supersede the simple maxims of ecclesiastical jurisprudence, by the endless technicalities of the civil legislation. If the sacred rites are thus conjoined with pecuniary interests, they are so by your authority as pontiffs, rather than by any law of national obligation. So long, indeed, as you remain pontiffs, your pontifical jurisdic- tion will continue; but as you happen to be exceedingly knowing in the civil law, you may be able to elude the plainest maxims of the ecclesiastical. For instance, Publius Sceevola, Coruncanius, and other chief pontiffs, have deter- mined that those legatees who take as much as all the heirs, should be bound to discharge the sacred rites.
Such is the pontifical law. Now what has been added to it by the civil law?—a rule of distributions, composed with the utmost caution, in favour of the legatee; for by the. deduction of a hundred sesterces, they have discovered a method of delivering the legatee from this troublesome duty. If, however, the testator omitted to make this proviso for the. legatee, then this very Mucius the pontiff, who is also a, ON. THE LAWS. 453 ON. THE LAWS. 453 lawyer, has contrived a new expedient in his favour: he has but to take less than all the heirs, and she gets a release, Our forefathers had stated, with admirable good sense, that those to whom the property came should discharge the sacred rites; but these pontifis have rid them of all such obligations.
As to the other quibble, it had no place in the pontifical law, and existed only in the civil code. J mean the sale by weight and balance, in order to discharge the testamentary heirs, and place the business in the same condition as if the legacy had not been granted, the legatee stipulating with respect to his legacy, that he shoutd pay over a cortain sum by stipulation, and so * * * [I now come to the rights of ‘ds Manes, or ae of the dead—which our ancestors most wisely instituted, and most religiously observed. They therefore ordained that the people should sacrifice for the ghosts of the dead, in the month of February, then the last month in the year by the ecclesiastical calendar. Decius Brutus, however, according to the writings of Sisenna, usually discharged these ceremo- nials in December. When I consult my own knowledge for the reason of this proceeding, I think I discover the cause which induced Brutus to depart from the ancestorial custom. The cause that Sisenna assigns for Brutus’s non-observance of this ancient institution, was his ignorance of its obligation; but it does not seem to me likely that Brutus would have so rashly neglected an institution of our ancestors, for he was] a learned man, and a great friend of Accius. I therefore conclude that Brutus considered December to be the last month in the year, as the ancients did February, which was so called when the institution was originated. He likewise conceived that it was a part of piety to offer the most impor- tant victims.
XXII. With regard to the rite of sopultute: it is so sacred a thing that all confess it should be discharged in consecrated ground, and if possible in the land belonging to the family. Thus, in the times of our ancestors, Torquatus decided re- specting the Popilian family. And certainly the Denicale feasts, so called from the Latin words de nece, (implying