The Religious Experience of the Roman People / From the Earliest Times to the Age of Augustus

by W. Warde Fowler

LECTURE IX

RITUAL—continued

In the last lecture we found that the magical element in the Roman ritual is exaggerated by recent writers. But it has also long been the practice to describe that ritual as a system of bargaining with the gods: as partaking of the nature of a legal contract. "The old Roman worship was businesslike and utilitarian. The gods were partners in a contract with their worshippers, and the ritual was characterised by the hard formalism of the legal system of Rome. The worshipper performed his part to the letter with the scrupulous exactness required in pleadings before the praetor."[406] This is an excellent statement of a view very generally held, especially since Mommsen, whose training in Roman law made him apt to dwell on the legal aspects of Roman life, wrote the famous chapter in the first volume of his history. I now wish to examine this view briefly.

No doubt it was suggested by the necessary familiarity of the Roman historian with vota publica, the vows so frequently made on behalf of the State by its magistrates, in terms supplied by the pontifices, and dictated by them to the magistrate undertaking the duty. Some few of these formulae have survived, and it may certainly be said of them that they are analogous to legal formulae, and express the quasi-contractual nature of the process. Such legalised religious contracts seem to be peculiar to Rome; they are curiously characteristic of the Roman genius for formularisation, which in course of time had most important effects in the domain of civil law. But the vow as such is, of course, by no means peculiar to Rome; it is familiar in Greek history, and is found in an elementary form among savages at the present day.[407] But at Rome both in public and private life it is far more frequent and striking than elsewhere. This is a phenomenon that calls for careful study; and we must beware that we are not misled by quasi-legal developments into missing the real significance of it from the point of view of morality and religion.

The vota privata, which include vows and offerings made to deities by private individuals, had never been adequately examined till De Marchi wrote his book on the private religion of the Romans; nor could they have been so examined until the Corpus Inscriptionum was fairly well advanced. There the material is extraordinarily abundant, but it is, of course, almost entirely of comparatively late date, and the great majority of votive inscriptions belong to the period of the Empire. Yet it is quite legitimate to argue from this to an origin of this form of worship in the earliest times, and we have enough early evidence to justify the inference. Among the oldest Latin inscriptions are some found on objects such as cups or vases, showing that the latter were votive offerings to a deity: thus we have Saeturni poculum, Kerri poculum, and other similar ones which will be found at the beginning of the first volume of the Corpus.[408] They give only the name of the deity as a rule, and do not tell us why the object was offered to him; but they must have been thank-offerings for some supposed blessing. In one case, not indeed at Rome, but not far away at Praeneste, we have proof of this; for a mother makes a dedication to Fortuna nationu cratia, which plainly expresses gratitude for good luck in childbirth;[409] and this inscription is one of the oldest we possess. Nor do they tell us whether there was a previous vow or promise of which the offering is the fulfilment. But in the majority of inscriptions of late date the familiar letters V.S.L.M. (votum solvit lubens merito) betray the nature of the transaction, and it is not unreasonable to guess that there was usually a previous undertaking of some kind, to be carried out if the deity were gracious.

But these private vota were not, strictly speaking, legal transactions, supposed to bind both parties in a contract, as we shall see was to some extent the case with the vota publica. They could not have needed the aid of a pontifex, or a solemn voti nuncupatio, i.e. statement of the promise; they were rather, as De Marchi asserts,[410] spontaneous expressions of what we may call religious feeling; and it may be that he is right in maintaining that throughout Roman history they remained as expressions of the religious sense and of the better feeling of the lower classes. The practice implies three conceptions: (1) of the deity as really powerful for good and evil; (2) of the gift, a work of supererogation, as likely to please him; (3) of the grateful act and feeling as good in themselves. Surely there must have been in this practice a germ of moral development; I am surprised that Dr. Westermarck has not mentioned in his chapter on gratitude the extraordinary abundance of Roman votive offerings and inscriptions. Doubtless there lies at the root of it the idea of Do ut des, or rather of Dabo ut des; doubtless also it could be turned to evil purposes in the form of devotio, when promises were made to a deity on condition that he killed or injured an enemy; but in the ordinary and common example it is impossible to deny that the final act, the performance of the vow, must have been accompanied by a feeling of gratitude. The merest recognition of a supposed blessing is of value in moral development.

But it is in the vota publica that we undoubtedly find something in the nature of a bargain—covenant would be a more graceful word—with a deity in the name of the State. Even here, however, the impression is rather produced by the use of legal terms and the formularisation of the process, than by any assumed attitude of contempt towards, or even of equality with, the deity concerned. There is no trace in early Roman religious history of any tendency to abuse or degrade the divine beings if they did not perform their part, such as is well known in China,[411] or even, strange to say, occasionally met with in the southern Italy of to-day; the attitude towards the deity in cult (though not invariably in the later Graeco-Roman literature) was ever respectful, as it was towards the magistrates of the State. The farthest the Romans ever went in condemning their gods was when misfortune persuaded them that they were become indifferent or useless; then they began to neglect them, and to turn to other gods, as we shall see in subsequent lectures.

The public vota were of two kinds: the ordinary, or regularly recurring, and the extraordinary, which were occasioned by some particular event. Of the ordinary, the most familiar is that undertaken by the consul, and no doubt in some form by the Rex in the days of the kingship, for the benefit of the State on the first day of the official year. Accompanied by the Senate and a crowd of people, the consuls went up to the Capitoline temple, and performed the sacrifice which had been vowed by their predecessors of a year before; after which they undertook a new votum, "pro reipublicae salute."[412] We have not the formula of this vow, and cannot tell what resemblance it bore to a bargain; but the ceremony itself must have been most impressive, and calculated to remind all who were present of the greatness and goodwill of the supreme deity who watched over the interests of the State. So too at the lustrum of the censors, which took place in the Campus Martius every five years, it is almost certain that the votum of the predecessors in office was fulfilled by a sacrifice, and a new one undertaken. Here again we are without the formula, but that there was one we know from a very interesting passage of Valerius Maximus. He tells us that Scipio Aemilianus, when as censor he was conducting this sacrifice, and the scriba (on behalf of the pontifex?) was dictating to him the solemne precationis carmen ex publicis tabulis, in which the immortal gods were besought to make the prosperity of the Roman State "better and greater," had the audacity to interrupt him, saying that the condition of the State was sufficiently good and great: "itaque precor ut eas (res) perpetuo incolumes servent." This change, Valerius says, was accepted, and the formula altered accordingly in the tabulae.[413] This story, which is probably genuine and is quite characteristic of Scipio, must convince an impartial mind that in this votive ceremony there was enough truth and dignity to suggest a real advance in religious thought, so far at least as the State was concerned.

The extraordinary vota were innumerable. They were occasioned by dangers or misfortunes of various kinds, the magistrate undertaking to dedicate something to the god concerned if the State should have come safely through the peril. Many temples had their origin in this practice;[414] we meet also with ludi, special sacrifices, or a tithe of the booty taken in war. In two or three cases Livy has copied the formula from the tabulae of the pontifices; thus before the war with Antiochus in 191 b.c., the consul recited the following words after the pontifex maximus: "Si duellum quod cum Antiocho rege sumi populus iussit, id ex sententia senatus populique Romani confectum erit; tum tibi Iuppiter populus Romanus ludos magnos dies decem continuos faciet ... quisquis magistratus eos ludos quando ubique faxit, hi ludi recte facti, donaque data recte sunto."[415] This document dates from the days of the decay of the Roman religion, and is, of course, modernised by Livy; but it may give an idea of what is meant by writers who speak of an element of bargain or covenant in these vota. Still more elaborate, and probably more antique, is the famous formula of the vow of the ver sacrum in the darkest hour of the war with Hannibal.[416] This very curious rite, which proves beyond question the devotion of the Italian stocks to the principle of the votum, consisted of a promise to dedicate to Mars or Jupiter all the valuable products of a single spring, including the male children born at that time; to this the Romans had recourse for the last time in 217 b.c., and Livy has fortunately preserved the words of the vow. These, with the exception of the dedication of the children, which is judiciously omitted, probably stand much as they had come down from a remote antiquity. The votum is put in the form of a rogatio to the people, without whose sanction it could not be put in force; are they willing to dedicate to Jupiter all the young of oxen, sheep, or pigs born in the spring five years after date, if the State shall have been preserved during those years from all its enemies? The curious feature of the document is, not that it binds the deity to any course of action, but that it secures the individual Roman against his anger in case of any chance slip in his part of the process, and the people against any evil consequences arising from such a slip or from misdoing on the part of an individual. "Si quis clepsit, ne populo scelus esto neve cui cleptum erit: si atro die faxit insciens, probe factum esto."[417] Of this formula a recent writer of great learning and ability has written thus: "The well-known liturgical archive containing Rome's address to Jupiter in the critical days of the Hannibalic war is a wary and cleverly drawn legal document, intended to bind the god as well as the State."[418] He is no exception to the rule that those who have not habitually occupied themselves with the Roman religion are liable to misinterpret its details. This is not an address to Jupiter, nor is there any sign in it that the god was considered as bound to perform his part as in a contract; the covenant is a one-sided one, the people undertaking an act of self-renunciation if the god be gracious to them, and thereby going far to assure themselves that he will so be gracious. And the legal cast of the language, which seems so apt to mislead the unwary,[419] is only to be found in the clauses which guarantee the people against the contingency of the whole vow being ruined by the inadvertence or the rascality of an individual; surely a very natural and inevitable caveat, where for once the whole people, and not only their priests or magistrates, were concerned in the transaction.