2. The Relation of Gods and Men.—The character of the Roman was essentially practical and his natural mental attitude that of the lawyer. And so in his relation towards the divine beings whom he worshipped there was little of sentiment or affection: all must be regulated by clearly understood principles and carried out with formal exactness. Hence the ius sacrum, the body of rights and duties in the matter of religion, is regarded as a department of the ius publicum, the fundamental constitution of the state, and it is significant, as Marquardt has observed, that it was Numa, a king and lawgiver, and not a prophet or a poet, who was looked upon as the founder of the Roman religion. Starting from the simple general feeling of a dependence on a higher power (religio), which is common to all religions, the Roman gives it his own characteristic colour when he conceives of that dependence as analogous to a civil contract between man and god. Both sides are under obligation to fulfil their part: if a god answers a man's prayer, he must be repaid by a thank-offering: if the man has fulfilled 'his bounden duty and service,' the god must make his return: if he does not, either the cause lies in an unconscious failure on the human side to carry out the exact letter of the law, or else, if the god has really broken his contract, he has, as it were, put himself out of court and the man may seek aid elsewhere. In this notion we have the secret of Rome's readiness under stress of circumstances, when all appeals to the old gods have failed, to adopt foreign deities and cults in the hope of a greater measure of success.

The contract-notion may perhaps appear more clearly if we consider one or two of the normal religious acts of the Roman individual or state. Take first of all the performance of the regular sacrifices or acts of worship ordained by the state-calendar or the celebration of the household sacra. The pietas of man consists in their due fulfilment, but he may through negligence omit them or make a mistake in the ritual to be employed. In that case the gods, as it were, have the upper hand in the contract and are not obliged to fulfil their share, but the man can set himself right again by the offering of a piaculum, which may take the form either of an additional sacrifice or a repetition of the original rite. So, for instance, when Cato is giving his farmer directions for the lustration of his fields, he supplies him at the end with two significant formulæ: 'if,' he says, 'you have failed in any respect with regard to all your offerings, use this formula: "Father Mars, if thou hast not found satisfaction in my former offering of pig, sheep, and ox (the most solemn combination in rustic sacrifices), then let this offering of pig and sheep and ox appease thee": but if you have made a mistake in one or two only of your offerings, then say, "Father Mars, because thou hast not found satisfaction in that pig (or whatever it may be), let this pig appease thee."' On the other hand, for intentional neglect, there was no remedy: the man was impius and it rested with the gods to punish him as they liked (deorum iniuriae dis curae).

But apart from the regularly constituted ceremonies of religion, there might be special occasions on which new relations would be entered into between god and man. Sometimes the initiative would come from man: desiring to obtain from the gods some blessings on which he had set his heart, he would enter into a votum, a special contract by which he undertook to perform certain acts or make certain sacrifices, in case of the fulfilment of his desire. The whole proceeding is strictly legal: from the moment when he makes his vow the man is voti reus, in the same position, that is, as the defendant in a case whose decision is still pending; as soon as the gods have accomplished their side of the contract he is voti damnatus, condemned, as it were, to damages, having lost his suit; nor does he recover his independence until he has paid what he undertook: votum reddidi lubens merito ('I have paid my vow gladly as it was due') is the characteristic wording of votive inscriptions. If the gods did not accomplish the wish, the man was of course free, and sometimes the contract would be carried so far that a time-limit for their action would be fixed by the maker of the vow: legal exactness can hardly go further.

Or again, the initiative might come from the gods. Some marked misfortune, an earthquake, lightning, a great famine, a portentous birth, or some such occurrence would be recognised as a prodigium, or sign of the god's displeasure. Somehow or other the contract must have been broken on the human side and it was the duty of the state to see to the restoration of the pax deum, the equilibrium of the normal relation of god and man. The right proceeding in such a case was a lustratio, a solemn cleansing of the people—or the portion of the people involved in the god's displeasure—with the double object of removing the original reason of misfortune and averting future causes of the divine anger. The commercial notion is not perhaps quite so distinct here, but the underlying legal relationship is sufficiently marked.

If then the question be asked whether the relation between the Roman and his gods was friendly or unfriendly, the correct answer would probably be that it was neither. It was rather what Aristotle in speaking of human relations describes as 'a friendship for profit': it is entered into because both sides hope for some advantage—it is maintained as long as both sides fulfil their obligations.

3. Ceremonial.—It has been said sometimes that the old Roman religion was one of cult and ritual without dogma or belief. As we have seen this is not in origin strictly true, and it would be fairer to say that belief was latent rather than non-existent: this we may see, for instance, from Cicero's dialogues on the subject of religion, where in discussion the fundamental sense of the dependence of man on the help of the gods comes clearly into view: in the domestic worship of the family too cult was always to some extent 'tinged with emotion,' and sanctified by a belief which made it a more living and in the end a more permanent reality than the religion of the state. But it is no doubt true that as the community advanced, belief tended to sink into the background: development took place in cult and not in theology, so that by the end of the Republic, to take an example, though the festival of the Furrinalia was duly observed every year on the 25th of July, the nature or function of the goddess Furrina was, as we learn from Cicero, a pure matter of conjecture, and Varro tells us that her name was known only to a few persons. Nor was it mere lapse of time which tended to obscure theology and exalt ceremonial: their relative position was the immediate and natural outcome of the underlying idea of the relation of god and man. Devotion, piety—in our sense of the term—and a feeling of the divine presence could not be enjoined or even encouraged by the strictly legal conception on which religion was based: the 'contract-notion' required not a 'right spirit' but right performance. And so it comes about that in all the records we have left of the old religion the salient feature which catches and retains our attention is exactness of ritual. All must be performed not merely 'decently and in order,' but with the most scrupulous care alike for every detail of the ceremonial itself, and for the surrounding circumstances. The omission or misplacement of a single word in the formulæ, the slightest sign of resistance on the part of the victim, any disorder among the bystanders, even the accidental squeak of a mouse, are sufficient to vitiate the whole ritual and necessitate its repetition from the very beginning. One of the main functions of the Roman priesthood was to preserve intact the tradition of formulæ and ritual, and, when the magistrate offered sacrifice for the state, the pontifex stood at his side and dictated (praeire) the formulæ which he must use. Almost the oldest specimen of Latin which we now possess is the song of the Salii, the priests of Mars, handed on from generation to generation and repeated with scrupulous care, even though the priests themselves, as Quintilian assures us, had not the least notion what it meant. Nor was it merely the words of ceremonial which were of vital importance: other details must be attended to with equal exactness. Place, as we have seen, was an essential feature even in the conception of deity, and it must have required all the personal influence of Augustus and his entourage to reconcile the people of Rome, with the ancient home of the goddess still before their eyes, to the second shrine of Vesta within the limits of his palace on the Palatine. The choice of the appropriate offering again was a matter of the greatest moment and was dictated by a large number of considerations. The sex of the victim must correspond to the sex of the deity to whom it is offered, white beasts must be given to the gods of the upper world, black victims to the deities below. Mars at his October festival must have his horse, Iuno Caprotina her goat, and Robigus his dog, while in the more rustic festivals such as the Parilia, the offering would be the simpler gift of millet-cakes and bowls of milk: in the case of the Bona Dea we have the curious provision that if wine were used in the ceremonial, it must, as she was in origin a pastoral deity, always be spoken of as 'milk.' The persons who might be present in the various festivals were also rigidly determined: men were excluded from the Matronalia on March 1, from the Vestalia on the 9th of June, and from the night festival of the Bona Dea: the notorious escapade of Clodius in 62 B.C. shows the scandal raised by a breach of this rule even at the period when religious enthusiasm was at its lowest ebb. Slaves were specifically admitted to a share in certain festivals such as the Saturnalia and the Compitalia (the festival of the Lares), whereas at the Matralia (the festival of the matrons) a female slave was brought in with the express purpose of being significantly driven away.

The general notion of the exactness of ritual will perhaps become clearer when we come to examine some of the festivals in detail, but it is of extreme importance for the understanding of the Roman religious attitude, to think of it from the first as an essential part in the expression of the relation of man to god.

4. Directness of Relation—Functions of Priests.—In contrast to all this precision of ritual, which tends almost to alienate humanity from deity, we may turn to another hardly less prominent feature of the Roman religion—the immediateness of relation between the god and his worshippers. Not only may the individual at any time approach the altar of the god with his prayer or thank-offering, but in every community of persons its religious representative is its natural head. In the family the head of the household (pater familias) is also the priest and he is responsible for conducting the religious worship of the whole house, free and slave alike: to his wife and daughters he leaves the ceremonial connected with the hearth (Vesta) and the deities of the store-cupboard (Penates), and to his bailiff the sacrifice to the powers who protect his fields (Lares), but the other acts of worship at home and in the fields he conducts himself, and his sons act as his acolytes. Once a year he meets with his neighbours at the boundaries of their properties and celebrates the common worship over the boundary-stones. So in[4] the larger outgrowth of the family, the gens, which consisted of all persons with the same surname (nomen, not cognomen), the gentile sacra are in the hands of the more wealthy members who are regarded as its heads; we have the curious instance of Clodius even after his adoption into another family, providing for the worship of the gens Clodia in his own house, and we may remember Virgil's picture of the founders of the gentes of the Potitii and the Pinarii performing the sacrifice to Hercules at the ara maxima, which was the traditional privilege of their houses. When societies (sodalitates) are formed for religious purposes they elect their own magistri to be their religious representatives, as we see in the case of the Salii and the Luperci. Finally, in the great community of the state the king is priest, and with that exactness of parallelism of which the Roman was so fond, he—like the pater familias—leaves the worship of Vesta in the hands of his 'daughters,' the Vestal virgins. And so, when the Republic is instituted, a special official, the rex sacrorum, inherits the king's ritual duties, while the superintendence of the Vestals passes to his representative in the matter of religious law, the pontifex maximus, whose official residence is always the regia, Numa's palace. The state is but the enlarged household and the head of the state is its religious representative.

If then the approach to the gods is so direct, where, it may be asked, in the organisation of Roman religion is there room for the priest? Two points about the Roman priesthood are of paramount importance. In the first place, they are not a caste apart: though there were restrictions as to the holding of secular magistracies in combination with the priesthood—always observed strictly in the case of the rex sacrorum and with few exceptions in the case of the greater flamines—yet the pontifices might always take their part in public life, and no kind of barrier existed between them and the rest of the community: Iulius Cæsar himself was pontifex maximus. In the second place they are not regarded as representatives of the gods or as mediators between god and man, but simply as administrative officials appointed for the performance of the acts of state-worship, just as the magistrates were for its civil and military government. In origin they were chosen to assist the king in the multifarious duties of the state-cult—the flamines were to act as special priests of particular deities, the most prominent among them being the three great priests of Iuppiter (flamen Dialis), Mars, and Quirinus; the pontifices were sometimes delegates of the king on special occasions, but more particularly formed his religious consilium, a consulting body, to give him advice as to ritual and act as the repositories of tradition. In later times the flamines still retain their original character, the pontifices and especially the pontifex maximus are responsible for the whole organisation of the state-religion and are the guardians and interpreters of religious lore. In the state-cult then the priests play a very important part, but their relation to the worship of the individual was very small indeed. They had a general superintendence over private worship and their leave would be required for the introduction of any new domestic cult; in cases too where the private person was in doubt as to ritual or the legitimacy of any religious practice, he could appeal to the pontifices for decision. Otherwise the priest could never intervene in the worship of the family, except in the case of the most solemn form of marriage (confarreatio), which, as it conferred on the children the right to hold certain of the priesthoods, was regarded itself as a ceremony of the state-religion.

In his private worship then the individual had immediate access to the deity, and it was no doubt this absence of priestly mediation and the consequent sense of personal responsibility, no less than its emotional significance, which caused the greater reality and permanence of the domestic worship as compared with the organised and official cults of the state.