[387] See above, p. 9. Religio in the sense of an obligation to perform certain ritualistic acts is in my view a secondary and later use of the word. See Transactions of the Congress of Historical Religion for 1908, vol. ii. p. 169 foll.
[388] Henzen, Acta Fratr. Arv. p. 26 foll.; C.I.L. vi. 2104, 32 foll.; Buecheler und Riese, Carmina Lat., epigr. pars ii., no. 1. All surviving Roman prayers are collected in Appel's De Romanorum precationibus, Giessen, 1909.
[389] Pliny, N.H. xxviii. 10 foll.
[390] In Anthropology and the Classics, p. 94.
[391] Cp. Tibullus ii. 1. 84, "vos celebrem cantate deum pecorique vocate, Voce palam pecori, clam sibi quisque vocet." This murmuring was certainly characteristic of Roman magic; see Jevons, p. 99, and especially the reference to a Lex Cornelia, which condemned those "qui susurris magicis homines occiderunt" (Justinian, Inst. iv. 18. 5).
[392] On the nature of this tripodatio see Henzen, op. cit. p. 33. Buecheler, Umbrica, p. 69, gives the Umbrian verb a different meaning, though he translates it tripodato.
[393] Buecheler, Umbrica, pp. 13 and 52.
[394] Wissowa, R.K., 333, inclines to the belief that prayer had a legal binding force upon the deity; but he does not cite any text which confirms this view, and is arguing on general grounds. I gather from the language of Aust (Religion der Römer, p. 30) that he thinks there was a germ which might have developed into a more truly religious attitude towards the gods, if it had not been killed by priestly routine and quasi-legal formulae. With this opinion I am strongly inclined to agree. Cp. the story of Scipio Aemilianus audaciously altering and elevating the formula dictated by the priest in the censor's lustratio (Val. Max. iv. 1. 10), to which I shall return in the proper place.
[395] Westphal, quoted by De Marchi, La Religione, etc., i. p. 133, note.
[396] See, e.g., ch. 141 ad fin. The prayer in the Acta of the Ludi Saeculares to the Moirae is an imitation of old prayers. See below, p. 442.