_Question 38._ Why did Q. Metellus, being a high priest and otherwise reputed a wise man and a statesman, prohibit the use of divination from birds after the Sextile month, now called August? _Solution._ Is it not that—as we make such observations about noon or early in the day, and also in the beginning or middle of the month (when the moon is new or increasing), but beware of the times of the days or month’s decline as unlucky—so he also was of opinion that the time of year after eight months was, as it were, the evening of the year, when it declined and hastened towards an end? Or is it because they must use thriving and full-grown birds? For such are in summer; but towards autumn some are moulting and sickly, others chickens and unfledged, others altogether vanished and fled out of the country by reason of the season of the year. _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?