144 NUMA.

from their office,* which was to put a stop to disputes by conference and speech ; for it was not allowable to take up arms until they had declared all hopes of accommoda- tion to be at an -end, for in Greek, too, we call it peace when disputes are settled by words, and not by force. The Romans commonly despatched the Fecials, or heralds, to those who had offered them injury, requesting satisfac- tion ; and, in case they refused, they then called the gods to witness, and, with imprecations upon themselves and their country should they be acting unjustly, so declared war ; against their will, or without their consent, it was lawful neither for soldier nor king to take up arms ; the war was begun with them, and, when they had first handed it over to the commander as a just quarrel, then his busi- ness was to deliberate of the manner and ways to carry it on. It is believed that the slaughter and destruction which the Gauls made of the Romans was a judgment on the city for neglect of this religious proceeding ; for that when these barbarians besieged the Clusinians, Fabius Ambustus was despatched to their camp to negotiate peace for the besieged ; and, on their returning a rude refusal, Fabius imagined that his office of ambassador was at an end, and, rashly engaging on the side of the Clu- sinians, challenged the bravest of the enemy to a single combat. It was the fortune of Fabius to kill his adver- sary, and to take his spoils ; but when the Gauls discov- ered it, they sent a herald to Rome to complain against him ; since, before war was declared, he had, against the law of nations, made a breach of the peace. The matter being debated in the senate, the Fecials were of opinion

• The allusion seems to be to the made, too, in the words that follow,

Greek phemi, to say, with which it to a derivation of eirene, the Greek is possible Fecialis may really be word for peace, from' eirein, to

connected. Reference, perhaps, is speak.