But how did these writers come by such legends, which, as Dr. Frazer shows, are to be found also in Greece and in other parts of the world? Why should they have wished to make Roman kings into magicians? Rain-making we can understand at Rome,—it had a practical end in view, the procuring of rain for the crops,—but why lightning and thunder, which were so much dreaded that every bit of damage done by a thunderstorm had to be carefully expiated by a religious process? Rome is not in the tropics, where rain and thunder so often come together, and where an attempt to produce rain by magic might naturally include thunder, as in some of Dr. Frazer's examples from tropical lands. I entirely agree with the latest and most sober investigators of Roman ritual that this kind of magic is quite foreign to Roman ideas and practice;[95] there is no vestige of it in the Roman cult; these stories must have come from outside. And there is every probability that they came from Etruria, where the lore of lightning had become a pseudo-science, a waste of human ingenuity, for the origin of which we must look, as we are now beginning to understand, to Babylonia and the Eastern magic.[96] The Jupiter Elicius of the Aventine had nothing to do with lightning; he took his cult-title from the rite of aquaelicium; but as soon as the Romans began to interest themselves in the Etruscan lightning-lore, of which this electrical magic was only a part,[97] they perverted the meaning of the epithet to suit their new studies, and began to attribute to their legendary kings powers which properly belonged to Etruscan or Oriental magicians. The second century B.C., when Piso wrote his Annals, is exactly the period when we should naturally expect such studies to come into fashion, and with such perversions of "history" as their consequence.[98]
I go on to note one or two more examples of real magic in the State religion; but they are hard to find. Pliny tells that even in his day people believed that a runaway slave who had not escaped out of the city might be arrested by a spell uttered by the Vestal virgins.[99] I take this to mean that any one who had lost his slave might get the Vestals to use the spell as a means of keeping the runaway within the city. The word for spell is here precatio, i.e. a prayer, not carmen, which is the usual word for a spell; and Pliny evidently thinks of it as addressed to some god. But no doubt it was originally at least a genuine spell, of the same kind as others used in private life, which we shall notice directly; and it implies a belief in some magical power inherent in the Vestals, of whom we are told that if they accidentally met a criminal being led to punishment they might secure his release.[100] As the spell in this case seems to be telepathic, i.e. an exercise of will-power projected from a distance, it may perhaps be paralleled with certain mystical powers exercised by women, especially when their husbands are at war, among some savage peoples;[101] but we have no information about it beyond the passage in Pliny, and further guessing would be useless.
This last is a case of genuine magic, but it is outside the ritual of the State, though exercised by a State priesthood. Within that ritual there is one other very curious case of what must be classed as a magical process, and one that has accidentally become famous. At the Lupercalia on February 15, the two young men called Luperci, or, more strictly, belonging respectively as leaders to the two collegia of Luperci, girt themselves with the skins of the slaughtered victims, which were goats, and then ran round the base of the Palatine hill, striking at all the women who came near them or offered themselves to their blows, with strips of skin cut from the hides of these same victims. The object was to produce fertility; on this point our authorities are explicit.[102] Thus this particular feature of the whole extraordinary ritual of the Lupercalia is unmistakably within the region of magic rather than of religion. Some potency was believed to work in the act of striking, though apparently without a spoken spell or carmen, such as usually accompanies acts of this kind; and this part of the rite, grotesque though it was, was allowed to survive by the grave religious authorities who drew up the calendar of religious festivals. It was probably a superstition too deeply rooted in the minds of the people to admit of being excluded; and, strange to say, it survived, in outward form at least, until Rome had become cosmopolitan and even Christian. The Lupercalia has always been a puzzle to students of early religion, and as each new theory is advanced, this strange festival is seized on for fresh interpretation;[103] but for our present purposes it must suffice to point out that we clearly find embedded in it a piece of genuine magic, dating beyond doubt from a very primitive stage of thought.
There is one other very curious performance, occurring each year on the ides of May, which in my view is rather magical than religious, though the ancients themselves looked upon it as a kind of purification: I mean the casting into the Tiber from the pons sublicius of twenty-four or twenty-seven straw puppets by the Vestal virgins, in the presence of the magistrates and pontifices. Recently an attempt has been made by Wissowa to prove that this strange ceremony was not primitive, but simply a case of the substitution of puppets for real human victims as late as the age of the Punic wars.[104] These puppets were called Argei, which word naturally suggests Greeks; and Wissowa has contrived to persuade himself not only that a number of Greeks were actually put to death by drowning in an age when everything Greek was beginning to be reverenced at Rome, but (still more extraordinary to an anthropologist) that the primitive device of substitution was had in requisition at that late date in order to carry on the memory of the ghastly deed. And the world of German learning has silently followed their leader, without taking the trouble to test his conclusions by a careful and independent examination of the evidence. It happens that this fascinating puzzle of the Argei was the first curiosity that enticed me into the study of the Roman religion, and for some thirty years I have been familiar with every scrap of evidence bearing on it; and after going over that evidence once more I can emphatically state my conviction that Wissowa's theory will not hold water for a moment. I shall return to the subject in a later lecture dealing with the religious history of the second Punic war; at present I merely express a belief that, whatever be the history of the accessories of the rite,—and they are various and puzzling,—the actual immersion of the puppets is the survival of a primitive piece of sympathetic magic, the object being possibly to procure rain. It is, in my opinion, quite impossible to resist the anthropological evidence for this conclusion, though we cannot really be certain about the object; for this evidence I must refer you to my Roman Festivals, and to the references there given.[105]
This rite of the Argei, then, was a case of genuine magic, and exercised by a State priesthood, virgins to whom certain magical powers were supposed to be attached; it was, I think, a popular performance, like one or two others which are also outside the limit of the Fasti,[106] and was embodied in a more complicated ceremonial long after that calendar had been drawn up. In the ritual authorised by the State, with public objects in view, i.e. for the benefit of society as a whole, there is hardly a trace of anything that we can call genuine magic apart from the examples I have just been explaining. There were, I need not say, many survivals of magical processes of which the true magical intent had long been lost—ancient magical deposits in a social stratum of religion, which I shall notice in their proper place. This is not peculiar to the religion of the Romans; it is a phenomenon to be found in all religions, even in those of the most highly developed type, and it is one apt to cause some confusion as to the true distinction between magic and religion.[107] It is easy to find magical processes even in Christian worship, if we have the will to do so; but if we steadily bear in mind that the true test of magic is not the nature of an act, but the intent or volition which accompanies it, the search will not be an easy one.
The modern French school of sociologists, which now has to be reckoned with in investigating the early history of religion, claims that magic was not originally, as we now see it, a matter of individual skill, but a sociological fact, i.e. it was used for the benefit of the community, as religion came to be in a later age. If this be true, as it very possibly is, we see at once how the dead bones of magical processes might survive, with their original meaning entirely lost, into an age in which higher and more reasonable ideas had been developed about the relation of Man to the Power manifesting itself in the universe. To take a single example from Rome, divination by the examination of a victim's entrails was originally a magical process, according to the opinion of most modern authorities;[108] but it ceases to be magic when it is used simply to determine in the State ritual whether in a religious process the victim is perfect and agreeable to the deity. In fact magical formulae, magical instruments, unless they are used in the true spirit of magic, to compel, not to propitiate a deity, are no longer magic, and may be passed over here. When we come to discuss the ritual of sacrifice and prayer, of lustratio, of vows, of divination, we may find it necessary to recall what has here been said. On the whole, we may conclude that organised religious cult, from its very nature and object, everywhere excluded magic in the true sense of the word; it implies prayer and propitiation, both of which are absolutely inconsistent with the object and methods of magic. Religion is the product of a higher stage of social development; it is the expression of a real advance of human thought; and in telling the story of the religious experience of the Roman people we are but indirectly concerned with those more rude and rudimentary ideas which it displaced.
But in private life, outside of the organised cult of the State and the family, magic was all through Roman history abundant, even over-abundant, and in this form I cannot pass it over entirely. Though the State authorities seem to have taken pains to exclude it rigidly from the public rites, and though there is little trace of it in the religious life of family and gens, yet there is evidence that it was deeply rooted in the nature of the people, and that they must have passed through an age in which it was an important factor in their social life. This fact, taken together with its almost complete elimination from the public religion, throws into relief the persistent efforts of the State authorities, from the framing of the old religious calendar to the time of the Augustan revival, to keep their relations with the Power clear of all that they believed to be unworthy or injurious. No better example can be found of the inherent antagonism between religion and magic.
Private magic may be divided into two kinds, according as it was used to damage another, or only to benefit oneself. In the former case the State interfered to protect the person threatened with damage, and treated this kind of magic as a crime. The commonest form of it was that of the spell, or carmen, no doubt often sung, and accompanied by some action which would bring it under the head of sympathetic magic; but the spell alone is taken cognisance of by the State. Pliny has preserved three words from the XII. Tables which tell their own tale: "qui fruges excantassit."[109] Servius, commenting on the line of Virgil's 8th Eclogue, "atque satas alio vidi traducere messes," writes, "magicis quibusdam artibus hoc fiebat, unde est in XII. Tabb. 'Neve alienam segetem pellexeris.'" These last words, with the verb in the second person, are probably not quoted exactly from the ancient text,[110] but they help to show us the nature of this hostile spell. There must have been a belief that the spirit, or life, or fructifying power of your neighbour's crops could be enticed away and transferred to your own. This is confirmed by a remark of St. Augustine in the de Civitate Dei;[111] after quoting the same line from Virgil, he adds, "eo quod hac pestifera scelerataque doctrina fructus alieni in alias terras transferri perhibentur, nonne in XII. Tabulis, id est Romanorum antiquissimis legibus, Cicero commemorat esse conscriptum et ei qui hoc fecerit supplicium constitutum?" Given the belief, the temptation can be well understood if we reflect that the arable land of the old Romans was divided in sections of a square, and that each man's allotment would have that of a neighbour on two sides at least.[112] If one man's corn were found to be more flourishing than that of his neighbours, what more likely than that he should have enticed away the spirit of their crops? The process reminds us, as it reminded Pliny, of the evocatio of the gods of foreign communities, a rite which belongs to religion and not to magic, though it doubtless had its origin in the same class of ideas as the excantatio.
In more general terms the old Roman law (i.e. originally the ius divinum) forbade the use of evil spells, as we see in another fragment of the Tables, "qui malum carmen incantassit." In later times this was usually taken as referring to libel and slander, but there can be no doubt that the carmina here alluded to were originally magical, and became carmina famosa in the course of legal interpretation. Cicero seems to combine the two meanings in the de Rep. (iv. 10. 2) when he says that the Tables made it a capital offence "si quis occentavisset, sive carmen condidisset quod infamiam faceret flagitiumve alteri" (to bring shame or criminal reproach on another). In the later sense these carmina have a curious history, into which I cannot enter now.[113] In the earlier sense they existed and flourished without doubt, in spite of the law; or it may be that, as the words of the Tables were interpreted in the new sense, the old form of offence was tolerated in private. "We are all afraid," says Pliny, "of being 'nailed' (defigi) by spells and curses" (diris precationibus).[114] These dirae, and all the various forms of love-charms, defixiones, accompanied by the symbolic actions which are found all the world over, lie outside my present subject, and are so familiar to us all in Roman literature that I do not need to dwell on them.[115]
Nor of the common harmless kind of magic need I say much now. It survived, of course, alongside of the religion of the family and State, from the earliest times to the latest, as it survives at the present day in all countries civilised and uncivilised; and being harmless the State took no heed of it. Some assortment of charms and spells for the cure of diseases will be found in Cato's book on agriculture, and one or two incidentally occur in that of Varro.[116] They performed the work of insurance against both fire and accident, and even such a man as Julius Caesar was not independent of such arts. Pliny tells us that after experiencing a carriage accident he used to repeat a certain spell three times as soon as he had taken his seat in a vehicle, and adds significantly, "id quod plerosque nunc facere scimus."[117] Such carmina were written on the walls of houses to insure them against fire.[118] Pliny has a large collection of small magical delusions and superstitions, many of which have an interest for anthropologists, in the 28th book of his Natural History.