1 There is a hiatus here: the translation in the text is that of the conjectural restoration of Lambinus.
Ad4 ON THE LAWS.
deliverance from death,) would not have been appointed as holidays in honour of the dead, as well as other celestials, un- less our ancestors who have departed this life, were believed to have passed into the number of deified beings. The privilege of fixing these among those when there are no peculiar festivals or public holidays, and the whole composition of the pontifical law on this subject, proves the great sanctity and importance of this religious custom and of these ceremonials.
it is unnecessary for us at present. to explain the pro-+ ceedings of families in funeral ceremonies, what kind of sacrifice should be offered to the lares, from the rams of the flock—how the bone which remains idemeeireiail must. be covered with earth—how in some cases it is necessary to sacri- fice a sow, when the sepulchre is to be considered as conse- crated, and such minute details, It appears to me, however, that the kind of sepulture which Cyrus, according to Xenophon, solicited for himself, is the most ancient of all, for it is a kind of restitution which we make to the earth of a body, which, as a mother, she pro- duced, and as a mother takes back to her protecting bosom, In the same manner we are told that our ancient king Numa was interred in that. sepulchre which is near the altar of the fountain. And we know that the Cornelian family has likewise used this form of burial, till a period within our own recollection. The conqueror Sylla, however, ordered the corpse of Marius to be disinterred from his grave on the banks of the Anio, impelled to this barbarous brutality by an im- placable resentment, which he would not have indulged if he had been as wise.as‘he was vehement. Perhaps it was through fear that the same accident might happen to himself, that he ordered that his body should. be burned after his death,—a custom he was the first to introduce in the patrician family of the Cornelii, For in the epitaph of Scipio Africanus, Ennius says; ~ i hy atin seth of co bse Here lies the body, &ec.
And the word Jes is only applied in this way to them who are buried in sepulchres; though perhaps tombs should not be entitled sepulchres. till the last rites have been consum- mated, and the corpse consumed by fire.
‘The verb to inhume, which is now commonly ‘applied to ON THE LAWS. 455 the burial of the deceased, is most appropriate to those corpses that are interred after being burned. ‘The pontifical law proves this usage, for before the ground is thrown over them, the spot where the body is burned has no religious reverence attached to it. When the earth is thrown over the corpse, then it is inhumed, and. the tomb is called a sepulchre, and many religious rites are performed in order to consecrate it. So Publius Mucius determined with regard to a person who had been killed in a ship, and then cast into the sea, that his family was pure from any charge of neglect to the deceased, inasmuch as no bone remained on the earth, in which case his heir must have sacrificed a sow to his manes. If, on the contrary, a bone had remained on the earth, he considered that fasts should have been appointed to last three days, and that a sow should likewise have been sacrificed, if the deceased had died in the sea. And all the same ceremonies should have been observed with the exception of the expiation and the holidays. . XXIIL Attzcus—I am well aware of these rules of the pontifical statutes; but what do our civil laws say? 3 Mareus. —Little enough on this subject, my Atticus, and nothing which I do not suppose that you are acquainted with already. And what they say has less regard. to the religious ceremonials than to the rights of sepulchres. A law of the Twelve Tables orders that a dead person shall neither be buried nor burned within the city, 1 suppose on account of the danger of fire. But the addition of this expression, “nor burned,” indicates, that the corpse which is burned is not.so properly said to be buried as one which is put under- - ground. . Atticus.—How is it, that, notwithstanding this law of the Twelve Tables, so many of our great men have been buried | in the city? ' Mareus.—I believe, my Atticus, that those who have inet so buried, have been either those to whom this privilege was granted before the law was made, such as Publicola and Tubertus, on account of their virtue, amd. that their de- scendants have rightfully succeeded to it; or those who, like Caius Fabricius, have been discharged of their obligations to this law. because. of their virtue. But the civil law does forbid burials. in the city, and in the same spirit the pon- 456, ON THE LAWS.
tifical college has decreed that it is unlawful to raise a sepulchre in the public places.
You know the Temple of Honour, outside the Collinian gate. We learn from tradition, that there was in ancient times an altar on the spot; and it appears from a medal dis- covered there, on which was inscribed, “the Mistress of Honour;” and this was the reason why that temple was so dedicated. But as there were many sepulchres in the neigh- bourhood, they were ploughed up when the city was enlarged. For the pontifical college ordained that public places could not be bound by private consecrations.
Another provision we find in the Twelve Tables intended to obviate the superfluous expenses and extravagant mournings at funerals, almost literally translated from the laws of Solon. “Never carve or polish a funeral pile.” You recollect what follows,. for we learned the Twelve Tables when schoolboys, as an-indispensable lesson, which, however, no one learns now. Let extravagance, therefore, be diminished to three suits. of mourning, with purple bands, and ten flute-players. Excessive lamentations are also to be prohibited by this rule— “Let not the women tear their cheeks or make the Jessus or funeral wailings.”
Those ancient interpreters of our laws, Sextus Ailius, and Lucius Acilius, have said they could not understand this regulation, but that they suspected it referred to some peculiar funeral ceremonials. Ailius defines the word “lessus” to be a kind of lugubrious ejaculation, or shriek, which I think likely enough, since Solon’s law likewise forbids such lamenta- tions, These rules are very commendable, and equally prac- ticable by the rich and poor; and they are eminently con- formable to nature, who sweeps away by mortality all the distinctions of fortune.
XXIV. The Twelve Tables have likewise abridged those other funeral pomps which tend to augment sorrow. For they thus declare,—“ Do not collect the bones of the dead, when their funerals are over.” An exception is made with regard to those who die in battle, or in a foreign land.
Besides these laws, there are others with regard to unction, which forbid a servile embalmment of the corpse, and all kinds of funeral banquets, which are justly abrogated, but which would not have been so had they not been abuses.
P ON THE LAWS. 457.
“There shall likewise be no expensive respersions, no large crowns, or censers of perfume.”
It is certain, however, that the ornaments gained by merit do belong to the dead, because the law enjoins that such a crown should be placed on the deceased, who has deserved it by his virtue, and on his nearest relation, without any wrong being done thereby; and because, I suppose, it had got to be a custom that many funeral ceremonies were celebrated for one man, or many funeral processions arranged for any one deceased;— And since in the law there was this clause, that gold should not be buried with the dead, how humane is the exception made by another law, that if the teeth of the deceased were fastened with gold, the corpse might be buried or burned without taking it away, and no wrong be done. From which expression we might deduce another argument, that burial and burning were considered different things.
Beside these, there are two laws respecting sepulchres, one of which relates to the houses of private persons, and the other to the family vaults themselves. For one prohibits the erection of a funeral pile or pyre nearer than sixty feet toa neighbour's house, without its proprietor’s consent, for fear of conflagration. The other ordained, that the«sepulchre and its vestibule should not be subject to usucaption, and thus defends the rights of sepulchres. | These regulations we find in the Twelve Tables, and indeed they are very conformable to nature, which is the principle of law. The other portion relates to customs—how funerals should be announced; whether any games should be allowed; whether the master of the ceremonies shall employ a herald and lictors; it permits the praises of the honourable dead to be commemorated in a panegyric, and accompanied by songs to the music of flutes, of which dirges are called nenia, a name which the Greeks gave also to funeral lamentations.
XXV. Quintus.—I am delighted that our laws are con- formable to nature, and I am above measure pleased with the wisdom of our ancestors.
Marcus.—Yet I believe, my Quintus, that as in the case of other expenses, so a moderation in those of funeral pomps and ceremonials is very properly required. For you may see in the funeral of Figulus to what an excess these extravagances.
458 ON. THE LAWS.)
458 ON. THE LAWS.)
were carried. But I think that there was formerly far less ambition for this kind of extravagance than at present pre- vails, otherwise there would be many examples of it in the records of our ancestors. And indeed the interpreters of our law understand that in the chapter of the law which forbids profuse and excessive mourning and expense in honour of the manes, the superfluous magnificence of sepulchres is also especially commanded to be curtailed.: Nor has this im- portant subject escaped the attention of the wisest legislators. For they say that the custom of interring the dead im the Greek mode, has continued at Athens ever since the time of Cecrops: and that immediately after such interments, the next relatives, when they had cast the earth over the dead, scattered the seeds of vegetables over the spot, in order that the earth might, like a mother, take her lifeless son to her bosom, and then, by the expiation of seed, might again be restored to the living. Then followed a banquet which the relatives attended crowned with flowers; and at this banquet they pronounced eulegiums on the deceased, when anything could be truly said in his favour; for it was reckoned impious éo lie on such occasions; and thus the ceremony terminated.
In process of time, as Demetrius Phalereus assures us, the funerals began to become sumptuous, and the mourning lamentations were extravagantly multiplied. These abuses were prohibited by Solon’s: law, which our Decemvirs have translated almost word for word in our Twelve Tables. For our, rule respecting the three suits of mourning, and other customs, were thus derived from Solon’s regulation; and that edict respecting the mournmg is expressed in his precise words: “Let not the women tear their cnn, nor indulge their wailing at funerals.”
XXVI..In Solon’s law respecting funerals, ein are no further directions than that he. forbids any one injuring. sepulchres, and all introduction of any other body into them. He makes it penal for any one to violate, throw down, or break any tomb, for that is what I suppose he. means: by 7UpBoc, or Hecaneal monument or column. But after a short time, the extravagance of the mansoleums which we see built in the ceramicus. and cemetery, gave occasion to that law which prohibits private persons from erecting any sepulchre more elaborate than ten men can construct in three days: ON THE LAWS. 459 ON THE LAWS. 459 and even those 1t was not permitted to adorn with sculpture, nor to place the statues they call Mercuries around them; nor to pronounce any panegyric of the. dead excepting in the case of a public funeral, nor might such panegyric be delivered by any one else except the man who was publicly appointed to perform that duty. Kulogiums of men and women were likewise forbidden, that the lamentations might be diminished; for such collections of people on melancholy occasions tend to augment unavailing sorrow. On which account Pittacus ex- pressly forbade any one from attending the funeralsvof tihese that were strangers to him.
_ But the same Demetrius also informs us that the mani - cence of funeral processions and ceremonials grew to such a height as nearly to equal our fashions at present existing at Rome; these, Demetrius restrained by a wholesome law; for he was not only, as you are aware, a very learned man, but a most. experienced citizen, devoted to the preservation of the state. He therefore diminished the expense of funerals, not only by penalties, but by a limitation of time; as he com- manded that they should be performed before sunrise. He also established a rule of moderation for all new sepulchres— for he would not allow any erection om the mound. of earth, save a little column, three cubits high, or a tomb-stone, or tablet; and he appointed a regular magistrate to superintend these observances.
XXVII. Such, my Atticus, were the laws enforced among your Athenians. But let us see what Plato says, who allots to the ministers of religion the charge of regulating funerals, a custom which we also observe. These are his words respect~ ing sepulchres:— “ Do not use as a burial-place any portion of land which is either cultivated, or which may be so; but such a soil as by nature is only suitable for receiving the bodies of the dead, without detriment to the interests of the living. As to a field which is capable of bearing fruit, and, as a mother, sup- plying us with food, let no one by any means injure it, whether he be living or dead. And let no sepulchre be built to a greater elevation than five men can raise in five days; nor let a tablet be made any larger than is required for the reception of an epitaph on the deceased, in four heroic verses;” which Ennius calls long verses.
460 2 ON THE LAWS,’ We have, therefore, the. authority of the illustrious Plato also in our favour on the subject of sepulchres. He likewise regulates the funeral expenses by the fortune of the family, from one mina to five. He then repeats what he had before said respecting the immortality of the soul, and the tran- quillity of the good after death, and the punishment of the wicked.
I have now, I believe, sufficiently explained all the laws which relate to religious rites.
Quintus.—You have, my brother, and most copiously too; but now proceed to the other branch of our subject. . Marcus.—It is my intention to do so; and since you urge me to these discussions, I will endeavour to bring our argu- ment to a conclusion, and if possible, in the course of the day. For I find that Plato did the same, and that the whole of his disquisition on the laws was completed in one summer day. I will, therefore, try to imitate him, and will next speak of magistrates; for after religion is once established, that is the part of the next greatest. importance with reference to keep- ing together the republic.
Atticus.—Proceed, then, and preserve the same method in which you have begun.
ON THE LAWS. 461 BOOK III.
INTRODUCTION TO THE THIRD BOOK.
In this Third’ Book Cicero treats of the civil laws, and the offices and duties of the civil magistrates by whom they are enforced. On these topics he lays down a series of legal maxims, and then proceeds to give an ample exposition of their several provisions.
I. Marcus.—I shall, therefore, imitate that divine man, who has inspired me with such admiration that I eulogise him perhaps oftener than is necessary.
Atticus. —You mean Plato.
Marcus.—The very man, my Atticus.
Atticus.—Indeed you do not exaggerate your compliments, nor bestow them too frequently, for even my Epicurean friends, who do not like any one to be praised but their own master, still allow me to love Plato as much as I (ike.
Marcus.—They do well to grant you this indulgence, for what can be so suitable to the elegance of your taste as the writings of Plato!—who in his life and manners appears to me to have succeeded in that most difficult combination of gravity and politeness.
Atticus—I am glad I interrupted you, since you have availed yourself of an opportunity of giving this splendid testimonial of your judgment respecting him; but pursue the subject-as you began.
Marcus.—Let us begin, then, with praising the law itself, with those commendations which are both deserved and appropriate to the subject.
Aiticus.—That is but fair, since you did the same in the case of our ecclesiastical jurisprudence.
Marcus.—You see, then, that this is the duty of magis- trates, to superintend and prescribe all things which are just and useful, and in accordance with the law. For as the law is set over the magistrate, even so are the magistrates set; 462 | ON THE LAWS,’ over the people. And, therefore, it may be truly said, “that the magistrate is a speaRing law, and the law a silent magis- trate.”
Moreover, nothing is so conformable to justice and to the condition of nature (and when I use that expression, I wish it to be understood that I mean the law, and nothing else,) as sovereign power; without which, neither house, nor com- monwealth, nor nation, nor mankind itself, nor the entire nature of things, nor the universe itself, could exist. For this universe is obedient to God, and land and. sea are sub- missive to the universe; and human life depends on the just administration of the laws of order.
II. But to come to considerations nearer home, and more familiar to us, all ancient nations have been at one time or other under the dominion of kings. Which kind of autho- rity was at first conferred on the wisest and justest men. (And this rule mainly prevailed in our own commonwealth, as long as the regal power lasted.) Afterward, the authority of kings was handed down in succession to their descendants, and this practice remains to this day in those which are governed by kings. And even those to whom the regal domination was distasteful, did not desire to be obedient to no one, but only not to be always under the authority of the same person.
For ourselves, then, as we are proposing laws for a free people, and as we have already set forth in six books all our own, opinions about the best kind of commonwealth, we shall on the present occasion endeavour to accommodate our laws to that constitutional government of which we have expressed our approval.
It is clear, then, that magistrates are absolutely necessary; since, without their prudence and diligence, a state cannot exist; and since it is by their regulations that the whole commonwealth is kept within the bounds of moderation. But it is not enough to prescribe them a rule of domination, unless we likewise prescribe the citizens a rule of obedience. For he who commands well, must at some time or other have’ obeyed; and he who obeys with modesty appears worthy of some day or other being allowed to command. It is desirable, therefore, that he who obeys should expect that some day he will come to command, and that he who commands should: ON THE LAWS, 463 bear in mind that ere long he may be called to the duty of submission.
We would not, however, limit ourselves to requiring from the citizens submission and obedience towards their magis- trates; we would also enjom them by all means to honour and love their rulers, as Charondas prescribes in his code. Our Plato likewise declares that they are of the race of the Titans, who, as they rebelled against the heavenly deities, do in like manner oppose their magistrates. These points being granted, we will, if you please, advance to the examination of the laws themselves.
Atticus.—I certainly do please, and the arrangement seems advisable.
III...Marcus —“ Let all authorities be just, and let them be honestly obeyed by the people with modesty and without opposition. Let the magistrate restrain the disobedient and mischievous citizen, by ” fine, imprisonment, and corporal chastisement; unless some equal or greater power, or the people forbid it; for there should be an appeal thereto. If the magistrate shall have decided, and inflicted a penalty, let there be a public appeal to the people respecting the penalty and fine imposed.
“ With respect to the army, and the general that commands it by martial law, there should be no appeal from his au- thority. And whatever he who conducts the war commands, shall be absolute law, and ratified as such. 7 “As to the minor magistrates, let there be such a distribu- tion of their legal duties, that each may more effectively superintend his own department of justice. In the army let those who are appointed command, and let them have tri- bunes. In the city, let men be appointed as superintendents of the public treasury. Let some devote their attention to the prison discipline, and capital punishments. Let others supervise the public coinage of gold, and silver, and copper. Let others judge of suits and arbitrations; and let others carry the orders of the senate into execution. a * Let there likewise be ediles, curators of the city, the pro- visions, and the public’ games, and let these offices be the first steps to higher promotions of honour.
“Let the censors take a census of the ‘people, according to: age, offspring, family, and property. Let them have the 464 ON THE LAWS.
inspection of the temples, the streets, the aqueducts, the rates, and the customs. Let them distribute the citizens, accord- ing to their tribes: after that let them divide them with reference to their fortunes, ages, and ranks. Let them keep a register of the families of those of the equestrian and ple- beian orders. Let them impose a tax on celibates. Let them guard the morals of the people. Let them permit no scandal in the senate. Let the number of such censor#be two. Let their magistracy continue five years. Let the other magis- trates be annual, but their offices themselves should be perpetual.
“Let the judge of the law who shall decide private actions, or send them for decision to the preetor—let him be the pro- per guardian of civil jurisprudence. Let him have as many colleagues, of equal power, as the senate think necessary, and the people allows him..
“ Let two magistrates be invested with sovereign authority; from their presiding,’ judging, and counselling, let them be called preetors, judges, or consuls. Let them have supreme authority over the army, and let them be subject to none; for the safety of the people is the supreme law; and no one should succeed to this magistracy till it has been held ten years—regulating the duration by an annual law.
“When a considerable war is undertaken, or discord is likely to ensue among the citizens, let a single supreme magistrate be appointed, who shall unite in his own person the authority of both consuls, if the senate so decrees, for six monthsonly. And when such a magistrate has been proclaimed under favourable auspices, let him be the master of the people. Let him have for a colleague, with equal powers with himself, a, knight whomsoever he may choose to appoint, as a judge of the law. And when such a dictator or master of the people is created the other magistracies shall be suppressed.
“ Let the auspices be observed by the senate, and let them authorize persons of their own body to elect the consuls in the comitia, according to the established ceremonials.
“Let the commanders, generals, and lieutenants, leave the city whenever the senate decrees or the people orders that they shall do so. Let them properly prosecute all just wars. Let them spare our allies, and restrain themselves and their -? Preetores, a preeeundo; judices, a judicando; consules, a consulendo.
.ON THE LAWS. ‘A465 subordinates. Let them increase the glory of our country. Let them return home with honour. Let no one be made an ambassador with a view to his own interest.
“Let the ten officers whom the people elect to protect them. against oppression be their tribunes; and let all their prohibi- tions and adjudications be established, and their persons con- sidered inviolable, so that tribunes may never be wanting to the people.
« Let all magistrates possess their auspices and jurisdictions, -and let the senate be composed of these legitimate authorities. Let its ordinances be absolute, and let its enactments be written and ratified, unless an equal or greater authority dis- annul them. Let the order of the senators be free from re- proach and scandal, and let them be an example of virtue to all, “In the creation of magistrates, the judgment of the accused, and the reception or rejection of laws, when suffrages are employed, let the suffrages be at once notorious to the nobles, and free to the people. . JV. “If any question occur out of the established iuvisitig- tion of the magistrates, let another magistrate be appointed ‘by the people, whose jurisdiction shall expressly extend there- to. Let the consul, the preetor, the censor, the master of the people and of the ‘knights, and he to whom the senate has -committed the election of consuls, have full liberty to treat both with the senate and the people, and endeavour to recon- ‘cile the interests of all parties. Let the tribunes of the ‘people likewise have free access to the senate, and advocate the interests of the people in all their deliberations. Let a just moderation predominate in the opinions and declarations of those who would thus act as mediators between the senate and the people. Let a senator who does not attend the senate, either show cause of his non-attendance, or submit to an appropriate fine. Let a senator speak in his turn, with all moderation, and let him be thoroughly acquainted with the interests of the people.
« By all means avoid violence among the people. Let the greatest authority have the greatest weight in decisions. If ‘any one shall disturb the public harmony, and foment party quarrels, let him be punished as a criminal. To act the in- ‘tercessor in cases of offence should be considered the part of a good citizen. Let those who act observe the auspices; DE NAT. ETC. H 466 ON THE LAWS.
obey the public augur; and carry into effect all proclama- tions, taking care that they are exhibited in the treasury, and generally known. Let the public consultations be concen- trated in one point at a time, let them instruct the people in the nature of the question, and let all the magistrates and the people be permitted to advise on the subject. _. “Let them permit no monopolies, or privileges. With respect to the capital punishment of any citizen, let it not take place, unless by the adjudication of the high courts of justice, and the ministry of those whom the censors have placed over the _ popular orders. Let no bribes be given or received, either in soliciting, discharging, or resigning an official situation. . “If any one shall infringe any of these laws, let him be liable to a penalty. Let these regulations be committed to the charge of the-censors. Let public officers, on their retir- ing from their posts, give these censors an account.of their conduct, but let them not by this means escape from legal prosecution if they have been guilty of corruption.” ‘I have here recited the whole law; now, consider the question, and give your votes. V. Quintus:—With what conciseness, my brother, have you brought before our eyes the duties and offices of all magis- trates! But your system of laws is almost that of our own commonwealth, although a little that is new has also been added by you.. _. Marcus.—Your observation is very just, my Quintus, for this is the very system of a commonwealth which Scipio eulogises in my treatise, and which he mainly approves—and which cannot be kept in operation but by a successive order of magistrates, such as we have described. For you may take it for granted that it is the establishment of magistrates that gives its form to a commonwealth, and it is exactly by their distribution and subordination that we must determine the nature of the constitution. Which establishment being very wisely and discreetly settled by our ancestors, there is nothing, or at all events very little alteration that 1 think ‘necessary in the laws., 7 _ Atticus.—Tell us, then, as you did at my request. respecting the ecclesiastical. laws, so also now in regard to these magis- terial and civil laws, the reasons why you prefer the maxims you have stated. | Bsr 7 s ON THE LAWS. 467 Marcus.—I will do as you desire, my Atticus, and I will explain how much of this topic has been, investigated and illustrated by the disputations of the most learned philosophers of Greece, and then, as I proposed at first, I will touch on your own laws.
Atticus.—I am impatient to hear this dissertation of yours, Marcus.—And indeed, I have already stated a large part of the doctrines relating to this inquiry, in the books which 1 composed respecting the best sort of Commonwealth. On this topic, however, there have been some peculiar questions with respect to the duties and offices of magistrates, treated with considerable subtlety, first by Theophrastus, and next by Dion the Stoic.
VI. Atticus.—A Stoic, say you? were such questions ever discussed by the Stoics?
Marcus.—Certainly not, with the exception of the philo- sopher I have just cited; and, after him, of Paneetius, a great man and one of singular erudition. Indeed, the ancient Stoics were not so deficient in their speculative dis- sertations respecting politics and laws, as they were in the practical application of them to the service of the people. The greatest light was shed on this part of the subject by this School under the guidance of Plato. Afterwards, Aris- totle illustrated all matters of civil jurisprudence in his elaborate essays, as did also Heraclides of Pontus, another of Plato’s disciples. And Theophrastus, who was instructed by; ‘Aristotle, was wholly devoted, as you are aware, to disquisi- tions of this kind; and Diczearchuus, a disciple of the same ‘master, was by no means deficient in the principles of this science. After these, Demetrius Phalereus, before mentioned, -drew legal learning by his admirable talents from the shade and inactivity of the Schools, into the open daylight of civil life, and gave it a practical point and efficacy, which are of the greatest service in all critical emergencies and confiicts, Hor we often find that men of the greatest weight in the republic are-deficient in philosophy, and that those who are very learned in philosophy are remarkably ignorant in legal affairs. And I hardly know where we could find any besides him, who has excelled both in the theory and practice of jurisprudence, so as to be at once a prince of learning and of political economy, HH 2 468 ON THE LAWS, VII. Atticus.—I think I could show you such a man, and one of us three too; but pray continue your discourse, as you have begun, Marcus.—These Greek philosophers made it a grand point of inquiry whether one magistrate should be appointed in each commonwealth, to whom all the rest should be subor- dinate; which system, as I understand, was what was decided on by our ancestors, after the expulsion of the kings. But since the monarchical constitution which was at first pre- ferred was changed, not so much through any fault in the monarchy, as through the vices of a monarch, it should seem that the monarchy itself still subsists, and that nothing but the name of king has been repudiated, if one magistrate is still to have authority over all the rest.
It was not without reason, therefore, that Theopompus in