It was from the books of the pontiffs and augurs, that Livy took the formularies for the solemn proceedings of national law; formularies which, after prevailing for many ages, had in his day been long obsolete, and the origin of which was traced back to the kings. This is certain with regard to the formulary in trials for treason, containing the evidence for the existence of that appeal to the people, which Cicero knew of from the pontifical and augural books: nor is it more questionable as to those used in the consecration of a king, in the proceedings of the Pater Patratus at a treaty, in those of the fecials, and in the surrendering of a city. A conjecture about the nature and character of these books is not a presumptuous exploring of a thing that fate has forbidden us to know. They can only be conceived as collections of traditions, decisions, and decrees, laying down principles of law by reporting particular cases: and thus fragments of old poems might be contained in them, such as the law of treason from the lay of the Horatii.