owledge of legal principles and procedure should be traditionally
preserved in the college of the Pontifices, which alone was competent
to give an opinion respecting court-days and questions of religious
law.

Fetiales

By the side of these two oldest and most eminent corporations of men
versed in spiritual lore may be to some extent ranked the college
of the twenty state-heralds (-fetiales-, of uncertain derivation),
destined as a living repository to preserve traditionally the
remembrance of the treaties concluded with neighbouring communities,
to pronounce an authoritative opinion on alleged infractions of
treaty-rights, and in case of need to attempt reconciliation or
declare war. They had precisely the same position with reference
to international, as the Pontifices had with reference to religious,
law; and were therefore, like the latter, entitled to point out
the law, although not to administer it.

But in however high repute these colleges were, and important and
comprehensive as were the functions assigned to them, it was never
forgotten--least of all in the case of those which held the highest
position--that their duty was not to command, but to tender skilled
advice, not directly to obtain the answer of the gods, but to
explain the answer when obtained to the inquirer. Thus the highest
of the priests was not merely inferior in rank to the king, but
might not even give advice to him unasked. It was the province of
the king to determine whether and when he would take an observation
of birds; the "bird-seer" simply stood beside him and interpreted
to him, when necessary, the language of the messengers of heaven.
In like manner the Fetialis and the Pontifex could not interfere in
matters of international or common law except when those concerned
therewith desired it. The Romans, notwithstanding all their zeal
for religion, adhered with unbending strictness to the principle
that the priest ought to remain completely powerless in the state
and--excluded from all command-- ought like any other burgess to
render obedience to the humblest magistrate.

Character of the -Cultus-

The Latin worship was grounded essentially on man's enjoyment of
earthly pleasures, and only in a subordinate degree on his fear
of the wild forces of nature; it consisted pre-eminently therefore
in expressions of joy, in lays and songs, in games and dances, and
above all in banquets. In Italy, as everywhere among agricultur