The passage is also useful because it alludes to the fact that the right of taking the auspicia belonged ultimately to the whole patrician body of fully qualified citizens.[625] But so far as we can discern in the dim light of the earliest period, this body entrusted the right and duty to its chief magistrate, the Rex, exactly as it entrusted him with the imperium, the supreme power of command in civil matters. Thus the auspicia and the imperium were indissolubly connected; as Dr. Greenidge says,[626] "they are the divine and human side of the same power," and may be found together in a thousand passages in Roman literature and inscriptions. But at the side of the Rex we find, according to tradition, two helpers or advisers called augures, the three together perhaps forming a collegium.[627] Now there was certainly an important difference between the Rex and the augurs; the latter were aiders and interpreters, but the Rex only was said habere auspicia, just as the whole patrician body had this right, though they delegated it to the Rex during his lifetime, and on his death received it again. The man who "habet auspicia" has the right of spectio, i.e. of taking the auspices in a particular case,[628] of watching the sky or the conduct of the sacred fowls in eating; this right the augurs never had. Their power was limited to guidance and interpretation. This follows necessarily from the fundamental principle that the auspicia and the imperium were indissolubly connected; for the augur, of course, never possessed the imperium by virtue of his office. It is true that of the augur in the regal period we know almost nothing; his art, as we shall see directly, was kept strictly secret, and he was bound by oath not to reveal it.[629] But we may safely argue back in general terms from the relation of magistrate and augur under the later Republic to the relation of augur and Rex, from whom descended the magistrate's imperium. The one essential thing to remember is that it was in all periods the magistrate who was responsible, under the sanction and advice of his assistants the pontifices and augurs, for the maintenance of the pax deorum. The lay element in the actual working of the constitution never lost this prerogative. Rome was never hierarchically governed.
It would be going beyond the scope of these lectures if I were to plunge at this point into the thorny question of the exact relation between magistrate and augur in respect of details. Nor do I propose to go into the minutiae of augural lore, which are not instructive, like those of sacrifice, for our survey of Roman religious experience. It will be sufficient to state in outline what I believe to be necessary for our purpose.[630] The person who had the auspicia, i.e. originally the Rex, like the later magistrate, had to watch for signs from heaven; in order to do so he marked out a templum, a rectangular space, by noting certain objects, trees or what not, beyond which, whether he looked at earth or sky, he need take no notice of what he saw. The spot where he took up his position for this purpose was itself a rectangular space,[631] marked out on a similar principle; in each case the space was liberatus effatus, i.e. freed from previous associations by a form of words, and ready, if need were (as in the case of loca sacra) to be further handed over to the deities as their property; this consecration, however, did not, of course, follow in the ordinary procedure of the auspicia. In the urbana auspicia all loca effata must be within the sacred boundary of the pomoerium. Within this the magistrate watched in silence at the dead of night for such signs as he especially asked for (auspicia impetrativa); those which offered themselves without such specification (oblativa) he was not bound to take cognisance of unless some one claimed his attention for them. The signs were originally in the regal period, if we may guess from the word auspicium, only such as birds supplied, and the space in which they were watched for was not complicated by the divisions of the later augural art.[632] The business of the augur was, we may suppose, to see that the details were carried out correctly, and to interpret the signs; but those signs were not sent to him, for he was not the actual representative of the State in this ritual.
If the constitutional position and duty of the augurs have now been made sufficiently clear, I may go on to explain briefly, as in the case of the pontifices, how the office became gradually secularised, and the duty formalised, so that if there ever had been anything of a really religious character in this art, any genuine belief in the manifestation by the Power of his will in matters of State life, such character, such belief, had become by the second century B.C. entirely paralysed and destroyed. But the history of the augurate is much more difficult to follow than that of the pontificate. The work of the pontifices touched the life of every day, public and private, at many points, with the result that their secrets ceased to be secrets by the end of the fourth century B.C. The work of the augurs was occasional, and more technical than that of the other college; it can hardly be said to have affected the religion of family life, nor did it continually bear upon public life, as did the pontifical knowledge of the ius divinum and the calendar. Hence the augural lore was never published, under pressure of public opinion, and neither ancient nor modern scholars have had to waste their time in investigating it. Books were indeed written about it in later times by one or two curious students, but in the time of Cicero, who was himself an augur, the neglect of it was general, even by members of the college.[633]
This mysterious augural lore was preserved in books, like that of the pontifices; and in all probability these books were put together in the same period as the latter, viz., the two centuries immediately following the abolition of the kingship.[634] I think there is a strong probability that the augurate emerged from the age of Etruscan rule which marks the latter part of the kingly period, with increased importance and fresh activity, the result of immediate contact with Etruscan methods of divination.[635] It is likely that they began in this way to cultivate the art of divination by lightning, which was peculiarly Etruscan, and to divide their templum into regiones, which, as I said just now, were not apparently needed for the observation of omens from birds. How far they carried this art we cannot tell, owing to the loss of their books and the commentaries upon them; but about the Etruscan discipline we do know something. Those who wish to have a glimpse of it may consult the first chapter of the fourth volume of Bouché-Leclercq's History of Divination, as a more intelligible account than any known to me.[636] But all I need to insist on now is the likelihood that the augurs began the Republican period with a power of interpretation which was the more important because the art was changed; it is now the depository not only of the old bird lore, but of the new lightning lore. And as this last became the peculiar characteristic of the art of public divination, and as the augurs were, like the pontifices, a close self-electing corporation until 104 B.C. and a close self-electing patrician body until the lex Ogulnia of 300 B.C., holding secret meetings every month on the arx,[637] and recording their lore in books which were never made public, they might well have grown into a powerful hierarchy, if they had only been possessed of the right of spectio. What saved Rome from this fate was simply the fact that the college was a body of interpreters only, or, in other words, the principle that the auspicia belonged exclusively to the magistrate. The auspicia were in fact a matter of public law, not of religion, properly speaking; the idea on which they were based, that the sanction of the deities was needed for every public action, very early lost its true significance, and the process of taking them became a mere form, the religious character of which was almost entirely forgotten. They ceased to be matter of religion just as the amulet or any other form of preventive magic fails to be reckoned as within the sphere of religion; the feeling was there that they must be attended to (though even that feeling lost its strength in course of time), but only as a matter of custom, not because the Power was really believed to sanction an act in this way.
Thus it seems that the importance of the augurs belongs to Roman public law, and not to the history of Roman religious experience. It will be found fully explained, in that connection, in Mommsen's Staatsrecht, or in Dr. Greenidge's volume on Roman Public Life.[638] All we have to note here is the complete secularisation of what was once really a part of the Roman religion; the augurs themselves were public men and could hold magistracies, and their art of interpretation came to be used for secular and political purposes only. They could declare a magistrate vitio creatus, whether they had been present at the taking of the auspices or not; they could also on appeal stop the proceedings at a public assembly, whether for election or legislation; it may be said of them that in one way or another they had a veto on every public transaction.[639] As Cicero expresses it in his ius divinum, in the second book of his work on the constitution: "Quae augur iniusta nefasta vitiosa dira defixerit inrita infectaque sunto, quique non paruerit, capital esto."[640] But in spite of the fine words iniusta nefasta vitiosa, there was no religious principle involved in this solemn injunction. When Bibulus in 59 B.C. sought as consul to stop Caesar's proceedings by using his right of spectio, all he had to do was to announce that he was going to look for lightning (obnuntiare); and if there had been the smallest remnant of religious belief left in the Roman mind about such transactions, it would quietly have acquiesced, in the conviction that Jupiter would send lightning to the Roman magistrate who asked for it; as it was, Caesar took no notice, and the Roman people only laughed. Caesar was at the time, let us note, the head of the Roman religion, pontifex maximus. So with the augurs as the interpreters of the magisterial spectio; proud as Cicero was of becoming an augur, with all the old surviving elective ritual,[641] he never, we may be sure, believed for a moment that he had the power of interpreting the will of the gods. A century before his augurship the whole business of public divination had been regulated by statute, like any other secular matter; and in his own day it was an open question with men of education whether there were such a thing as divination at all.[642] True, as we shall see, the illegitimate forms of divination were at this very time gaining ground, as the current of superstition increased in strength which marks this last period of the republic; but the augur's art and the spectio of the magistrate were still surviving as mere constitutional fossils, and were not destined to share largely in Augustus' heroic attempt to put fresh life into the ius divinum. Vile damnum, as Tacitus said of the foreign quacks banished to Sardinia by Tiberius; for neither in the sphere of religion nor later in that of politics can the art of divination be said to have had any lasting value.
I have not dealt at any length with the augurs and the State system of divination, but I hope I have said enough to show that, as I hinted at the beginning of this lecture, it affords an excellent illustration of the way in which the religious instinct, the desire to be in right relation with the Power manifesting itself in the universe, was first soothed and satisfied, then hypnotised and paralysed, by the formalisation and gradual secularisation of religious processes. The desire to obtain the sanction of the Power by seeking for favourable signs or omens seems to be a universal instinct of human nature, though a perverse one; if left to itself it will apparently pass into the region of harmless folklore, where it does not seriously interfere with human progress, either secular or religious; but where, as at Rome, it is taken up into the ritual of a religious system, and is further allowed to express itself mechanically in the region of public law, it exhausts itself rapidly, loses all its original significance, and becomes a clog on human progress.
In ancient Italy this instinct for divination was nowhere so strongly and so perversely developed into a mechanical system as in Etruria, and it is highly probable that this development contributed largely to the rapid political and moral decay of the Etruscan people. The narrow aristocratic constitution of the Etruscan cities, worked by a kind of priestly nobility, seems to have afforded great opportunities for the cultivation of the perverse art which (as we are now beginning to recognise) this people had brought with them from the East.[643] I have already suggested that an Etruscan dominion at Rome had very probably unfortunate results in developing and formalising the art of the augurs. But the age of the Tarquinii was not the only one in which the sinister influence of this strange people was brought to bear on Roman religious institutions; and before I close this lecture I must say a very few words about a second invasion of Etruscan perversity, which began some two centuries and a half later. This was the result of that renewed religio, that feeling of anxiety and sometimes of despair characteristic of the last half of the third century B.C., the perilous era of the Punic wars, with which I shall deal more particularly in the next lecture. The state religion could not soothe it; neither pontifices nor augurs had any sufficient native remedy for it, and as the ritual of worship was reinforced from Greece and the East, so the ritual of divination was reinforced from Etruria.
The Etruscans seem to have educated their diviners with care and system. We do not know the details of such education, but it seems likely that there were schools of these prophets, by means of which the art was handed down and developed.[644] The word for the person thus trained was haruspex in its Italian form as known to us, though it had an Etruscan original.[645] The art acquired was of three kinds—the interpretation of lightning; the explanation and interpretation of the entrails of victims, and especially of the liver; and, thirdly, the explanation and expiation of portents and prodigia.[646] All three departments seem to have been carried to an extreme degree of perverse development. To give an idea of it I need but refer to recent discussions of the relation between the divisions marked on a bronze model of a victim's liver (found in 1877 at Piacenza), in which are written the Etruscan names of a great number of deities, and the somewhat similar divisions of the templum of the heavens as given by Martianus Capella in explanation of the celestial dwellings of the Italian deities. A study of this unprofitable subject, of which the only interest lies in the illustration it offers of the prostitution of human ingenuity, will be found in a little work by Carl Thulin, published in the series called Religionsgeschichtliche Versuche und Vorarbeiten.[647]
Just as the Roman authorities had recourse from time to time to the Sibylline books, so also they occasionally, though not apparently before the Punic wars, sought the help of the trained Etruscan diviners. We shall come across instances of this in the next two lectures, and I need not specify them now. They seem to have used their art in all its departments; and in the most degraded of these, the examination of entrails, it was found so convenient to have their services in a campaign that in course of time one at least seems to have accompanied every Roman army.[648] The complicated art of augury might in fact be dispensed with if you had a haruspex ready and willing at a moment's notice to give you a good report of the victim's liver. To keep up the supply of experts, the senate, probably in the second century B.C., determined to select and train ten boys of noble family in each Etruscan city. This was the last service that the degenerate Etruscan people rendered to its conquerors, and a more degrading one it is impossible to imagine. These foreign diviners were never admitted to the dignity of a collegium;[649] they rather played the part of the domestic chaplain kept to say grace before meat. For a moment they attract our attention in connection with the persecution of Cicero by his political enemies, and the consecratio after his exile of the site of his house on the Palatine hill.[650] For a moment again we meet with them in the reign of Claudius, who was interested in the Etruscans and wrote a work about them, and once raised the question in the senate of the revival of the haruspices and their art—such part of it, at least, as might seem worth preserving—"ne vetustissima Italiae disciplina per desidium exolesceret."[651] And strange to say, though in fact no part of this ancient Italian discipline was in the least worth preserving, it survived in outward form into the fourth century of the empire.[652] We read with astonishment in the code of the Christian emperor Theodosius, that if the imperial palace or other public buildings are struck by lightning the haruspices are to be consulted, according to ancient custom, as to the meaning of the portent.[653] Thirteen years after the death of Theodosius, in 408, Etruscan experts offered their services to Pompeianus, prefect of Rome, to save the city from the Goths. Pompeianus was tempted, but consulted Innocent, the Bishop of Rome, who "did not see fit to oppose his own opinion to the wishes of the people at such a crisis, but stipulated that the magic rites should be performed secretly." What followed is uncertain. "The Christian historian says that the rites were performed, but were unavailing; the pagan Zosimus affirms that the aid of the Tuscans was declined."[654] So hard died the futile arts of the most unfruitful of all Italian races.