_dies fastus_ is one on which it is lawful under
that _ius_ to perform certain acts of civil government, "sine piaculo"
(Varro, _L.L._ vi. 29). _Nefas_ is, therefore, in the same way a word
which conveys a prohibition under the divine law. By constant
juxtaposition with _ius_, _fas_ came in course of time to take on the
character of a substantive, and so too did its opposite _nefas_. The
dictionaries supply many examples of its use as a substantive and as
paralleled with _ius_, but the only one I can find that is earlier than
Cicero is Terence, _Hecyra_, iii. 3. 27, _i.e._ in the work of a
non-Roman.

I cannot find that it is so used by Varro, where we might naturally have
expected it. Cicero does not call his imaginary ius divinum a _fas_, but
iura religionum, constitutio religionum (_de Legibus_ ii. 10-23, 17-32).
_Ius_ is the word always used technically of particular departments of
the religious law, _e.g._ ius pontificium, ius augurale, and ius fetiale
(_CIL._ i. p. 202, is preimus ius fetiale paravit). The notion that
_fas_ could mean a kind of code of religious law is probably due to
Virgil's use of the word in "Quippe etiam festis quaeddam exercere
diebus Fas et iura sinunt," _Georg._ i. 269, and to the comment of
Servius, "id est, divina humanaque iura permittunt: nam ad religionem
fas, ad homines iura pertinent."

It is strange to find it personified as a kind of deity in the formula
of the fetiales, used when they announced the Roman demands at an
enemy's frontier (Livy i. 32): "Audi Iuppiter, inquit, audite Fines
(cuiuscunque gentis sunt nominat), _audiat Fas_." Whence did Livy get
this formula? We have no record of a book of the fetiales; if this came
from those of the pontifices, as is probable, the formula need not be of
ancient date, and the personification of Fines also suggests a doubt as
to the genuineness of the whole formula.

APPENDIX V

THE WORSHIP OF SACRED UTENSILS (page 436)

There can be no doubt that some kind of worship was paid by the Arval
Brethren to certain _ollae_, or primitive vessels of sun-baked clay used
in their most ancient rites. This is attested by two inscriptions of
different ages which are printed on pp. 26 and 27 of Henzen's _Acta
Fratrum Arvalium_. After leaving their grove and entering the temple "in
mensa _sacrum fecerunt ollis_"; and shortly afterwards, "in aedem
intraverunt et _ollas precati sunt_." Then, to our astonishment, we read
that the door of the t