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_?