Perhaps the simplest way of explaining this _ius_ is to describe it as

laying down the rules for the maintenance of right relations between the

citizens and their deities; as ordaining what things are to be done or

avoided in order to keep up a continual _pax_, or quasi-legal covenant,

between these two parties. The two words _ius_ and _pax_, we may note,

are continually meeting us in Roman religious documents. In a prayer

sanctioned by the pontifices for use at the making of a new clearing, we

read: "Si deus, si dea sit cuius illud sacrum est, _ut tibi ius siet_

porco piaculo facere illiusce sacri coercendi ergo,"[341] _i.e._ "O

unknown deity, whether god or goddess, whose property this wood is, let

it be legally proper to sacrifice to thee this pig as an expiatory

offering, for the sake of cutting down trees in this wood of thine."

"Pacem deorum exposcere" (or "petere") is a standing formula, as all

readers of Virgil know;[342] and it occurs in many other authors and

religious documents. When Livy wants to express the horror of the old

patrician families at the idea of plebeians being consuls--men who had

no knowledge of the _ius divinum_ and no right to have any--he makes

Appius Claudius exclaim, "Nunc nos, tanquam iam nihil pace deorum opus

sit, omnes caerimonias polluimus."[343] How can we maintain our right

relations with the gods, if plebeians have the care of them?

Thus it is not going too far to describe the whole Roman religion of the

city-state as a _Rechtsverkehr_,[344] a legal process going on

continually. When a _colonia_ was founded, _i.e._ a military outpost

which was to be a copy in all respects of the Roman State, it was

absolutely essential that its _ius divinum_ should be laid down; it must

have a religious charter as well as a civil one. Even at the very end of

the life of the Republic, when Caesar founded a colony in Spain, he

ordained that, within ten days of its first magistrates taking office,

they should consult the Senate "quos et quot dies festos esse et quae

sacra fieri publice placeat et quos ea sacra facere placeat," _i.e._ as

to the calendar, the ritual, and the priesthood.[345] The Romans, of

course, assumed that Numa, their priest-king, had done the same thing

for Rome; Livy describes him as ordaining a pontifex to whom he

entrusted the care of all these matters, with written rules to

follow.[346] This was the imaginary religious charter of the Roman

State. Without it the citizen, or rather his official representative,

would not know with the necessary accuracy the details of the _cura_ and

_caerimonia_; without it, too, the deities could not be expected to

perform their part of advancing the interests of the State, and indeed,

as I think we shall find, could not be expected to retain the strength

and vitality which they needed for the work. Support was needed on each

side; the State needed the help of the gods, and the gods needed the

help of the State's care and worship.

The ways and means towards the maintenance of this _pax_ were as

follows. First, the deities must be duly placated, and their powers kept

in full vigour, by the ritual of sacrifice and prayer, performed at the

proper times and places by authorised persons skilled in the knowledge

of that ritual. Secondly, there must be an exact fulfilment of all vows

or solemn promises made to the deities by the State or its magistrates,

or by such private persons as might have made similar engagements.

Thirdly, the city, its land and its people, must be preserved from all

evil or hostile influences, whether spiritual or material or both, by

the process broadly known as _lustratio_, which we commonly translate

_purification_. Lastly, strict attention must be paid to all outward

signs of the will of the gods, as shown by omens and portents of various

kinds. This last method of securing the _pax_ became specially prominent

much later in Roman history, and I prefer to postpone detailed

discussion of it for the present; but the other three we will now

examine, with the help of evidence mainly derived from facts of cult,

not from the fancies of mythologists.

First, then, I take sacrifice, dealing only with the general principles

of sacrificial rites, so far as we can discern them in the numerous

details which have come down to us. The word _sacrificium_, let us note,

in its widest sense, may cover any religious act in which something is

made _sacrum_, _i.e._ (in its legal sense) the property of a deity;[347]

I am not now concerned to conjecture what exactly may have been the

meaning of this immortal word before it was embodied in the _ius

divinum_. "Sacrificium" is limited in practical use by the Romans

themselves to offerings, animal or cereal, made on the spot where the

deity had taken up his residence, or at some place on the boundary of

land or city (_e.g._ the gate) which was under his protection, or (in

later times at least) at a temporary altar erected during a campaign.

Thus it was as much a sacrificium when the paterfamilias threw at each

meal a portion of the food into the fire, the residence of Vesta, as

when the consul offered a victim to Mars on the eve of a battle.

Sacrifices have generally been divided into the three classes of (1)

honorific, where the offering is believed to be in some sense a gift to

the deity; (2) piacular, or sin-offerings, where the victim was usually

burnt whole, no part being retained for eating (though this was not the

case at Rome); (3) sacramental sacrifices, where the worshippers enter

into communion with the deity by partaking of the sacred offering

together with him.[348] The two former are constant and typical in the

Roman religion; but traces of the sacramental type, which Robertson

Smith believed to be the oldest, are also found, and it will clear the

ground if I refer to them at once. By far the most interesting example

is that of the Latin festival on the Alban mount, where the flesh of the

victim, a white heifer that had never felt the yoke, was partaken of by

the deputies of all the cities of the Latin league, great importance

being attached to the due distribution.[349] Here the Latin race "yearly

acknowledges its common kinship of blood, and seals it by partaking in

the common meal of a sacred victim," thus entering into communion with

Jupiter, the ancient god of the race, and with each other, by

participation in the flesh of the sacred animal. "This common meal is

perhaps a survival from the age when cattle were sacred animals, and

were never slain or eaten except on the solemn annual occasions when the

clan or race renewed its kinship and its mutual obligations by a solemn

sacrament." It is tempting to compare with this great sacrament the

_epulum Iovis_ on the Ides of September, the dedication-day of the

Capitoline temple of Jupiter, Juno, and Minerva, which three deities

seem to have been present in visible form to share the meal with the

magistrates and senate.[350] But we have not yet arrived at the age when

this temple was built, and we have no evidence enabling us to carry the

rite back in any form to the pre-Etruscan period. There are, however,

faint indications that the old Italians believed the deities to be in

some sense present at their meals, though not in visible form; and at

one festival, the Fornacalia, which was a concern not of the State as a

whole, but of the thirty _curiae_ into which it was divided,[351] there

seems to be no doubt that a common meal took place in which the gods

were believed to have a part, or at any rate to be present though

invisible. Yet the _ius divinum_ of the Roman State assuredly did not

encourage this kind of sacrament; for in the regular round of State

festivals, in which we cannot include even the _feriae Latinae_, the

sacrifices, so far as we are informed, were all honorific or piacular.

If I am not mistaken, the idea of participation by the people in solemn

sacred rites was discouraged by the Roman priesthood; in the _ius

divinum_ the line drawn between _sacrum_ and _profanum_ was clear;

scenes of gluttony or revelry, like the Greek hecatombs, were eliminated

from the _sacra publica_, as I have already pointed out. Not till the

advent of the Sibylline books and the _Graecus ritus_ did the people

take an active part in the State religion; their duty was merely to

abstain from disturbance during the performance of sacred rites. "Feriis

iurgia amovento" is the only reference in Cicero's imaginary sketch of

the _ius divinum_ to the conduct of the citizen on festival days.[352]

Within the family, the curia, the gens, there might be direct and active

participation in daily or yearly ceremonies, but it was an essential

principle of the life of the city-state that its business, religious as

well as civil, should be carried out for the citizens by officials

specially appointed.

In the typical and organised worship of the State, _i.e._ sacrifice

honorific and piacular, sanctioned by the _ius divinum_, the utmost care

was taken that the whole procedure should be in every sense acceptable

to the deity; that nothing _profanum_ should cross the threshold of the

divine; hence it was quiet, orderly, dignified. The feeling that

communication with the deity invoked was impossible save under such

conditions was very strong in the Roman mind, stronger perhaps than with

any other people whose religious practice is known to us; and the sense

of obligation and duty, _pietas_, as they called it, was thus very early

developed, and of infinite value to the State in its youth. This is

entirely in keeping with what we have learnt in the last two lectures of

the ideas of the Romans about the nature of their deities, and throws

additional light on those ideas. They did not as yet know too much about

the divine beings and their powers and wishes; familiarity had not yet

bred contempt; _religio_, as we saw, was still strong among them--the

feeling of awe that is likely to diminish or disappear when you have

your god before you in the form of an idol. It is a principle of human

nature that where knowledge is imperfect, care must be taken to be on

the safe side; this is true of all practical undertakings, and as the

religion of the Romans was that of a practical people with a practical

end in view, it was particularly true of them.

First then, in order that the worship might be entirely acceptable to

the deity invoked, it was essential that the person who conducted it

should be also acceptable. At the head of the whole system was the rex,

who was priest as well as king. We do not know, of course, exactly how

the rex was appointed; but in the case of the typical priest-king Numa,

Livy has described his _inauguratio_ in terms of the _ius divinum_ of

later times for the appointment of priests, and we may take it as fairly

certain that the same principle held good from the earliest times.[353]

After being summoned (so the story ran) from the Sabine city of Cures by

the Senate, he consulted the gods about his own fitness. He was then

conducted by the augur to the arx on the Capitol, and sat down on a

stone facing the south. The augur took his seat on his left hand (the

lucky side) with veiled head, holding the _lituus_[354] of his office

in his right hand, with which, after a prayer, he marked out the

_regiones_ from east to west, the north being to the left, the south to

the right, and silently noted some object in the extreme distance of the

_ager Romanus_, as the farthest point where the appearance of an omen

might be accepted. Then, passing the _lituus_ to his left hand, he laid

his right on the head of Numa, and uttered this prayer: "Father Jupiter,

if it be thy will (_fas_) that this Numa Pompilius, on whose head my

hand is laid, be king of Rome, I pray thee give us clear token within

the limits which I have marked out." Then he said aloud what auspicia he

sought for (_i.e._ whether of birds, lightning, or what); and when they

appeared, Numa descended as rex from the citadel. This process was

called _inauguratio_; it is attested for the confirmation of the

election of the three flamines maiores, the rex, and the augurs, in

historical times,[355] whatever was the method of that election, and

without it the priest was not believed to be acceptable to the gods. It

is not mentioned by Roman writers in connection with the Pontifices or

the Vestals; if this be not merely from dearth of evidence, it is not

easy to account for, unless the reason were that neither body was

specially concerned with sacrifice. But the principle is perfectly

clear--that the person who is to represent the community in worship must

be one of whom the _numina_ openly express approval.

A priest, _sacerdos_, is thus a person set apart by special ritual for

the service of the _sacra populi Romani_. The rex no doubt himself made

the selection and supervised the inauguratio of the other priests at

whose head he was. When the kingship came to an end, his powers of this

kind passed to the pontifex maximus; and it may be as well to add at

once that his sacrificial powers, though they were in a special sense

inherited by a priest who took his title, the _rex sacrorum_, passed

with the civil power to all magistrates _cum imperio_, who wore the

_toga praetexta_ symbolic of priestly function, and had the right of

presiding at sacrificial rites both at home and in the field. Thus

magistrate and priest, though quite distinct under the Republic from the

point of view of public law, have certain characteristics in common as

deriving from a common source in the powers of the rex.[356]

But to return to the period of Numa and the calendar: it was not only

necessary that the priest should be acceptable to the gods, but that he

should be marked off from the rest of the community as being dedicated

to their service. As Dr. Jevons says,[357] in all early religions

priests are marked off from other worshippers, partly by what they do,

and partly by what they may not do; and what he means is (1) that the

priest originally was the person who alone could slay a victim; (2) that

in consequence of his sacredness he was subject to a great number of

restrictions. I have already spoken of these restrictions or priestly

taboos in my second lecture; and as I believe that in the period we are

now dealing with they were little more than a survival, I shall not

return to them now. But of the outward insignia, which marked off the

priest as alone entitled to perform the essential act of worship, the

sacrifice, and which bring him out of the region of the _profanum_ into

that of _sacrum_, I must say a few words before going farther.

In historical times the actual slaying of the victim was done by

subordinates, _popae_, _victimarii_, etc.; but there is no doubt

whatever that it was originally the work of the priest, for he seems at

all times to have used one gesture which is clearly symbolic of it,[358]

and there are traces also of a practice of wearing the toga in such a

way as to leave the right arm free for the act.[359] That toga, or any

other special robe worn by the priest, was always in whole or part red

or purple. The purple-edged _toga praetexta_ was worn both by priests

and magistrates, and by children under age; and I think there is good

reason to believe that in all these cases the original idea was the

same--that they took part, directly or indirectly, as primary or

secondary agents in sacrificial acts. The Salii and the augurs wore the

_trabea_, which was of purple or red, or both; the flamines had a

special robe about the colour of which we are not informed, but the

Flaminica Dialis wore a purple garment called _rica_, and a red veil

called _flammeum_, which was also worn by the bride in the religious

ceremony of marriage. Whether we are to see in this prevalence of red or

purple any symbolism of the shedding of blood in sacrifice I cannot be

sure, but the inference is a tempting one, and has been put forward with

confidence by some recent investigators. It is worth noting that the

Vestals, who did not sacrifice animals, wore white only.[360] If the red

colour has anything to do with blood-shedding, it is probably more than

merely symbolic; it may mean that the sacrificing priest partakes of

that life and strength which he passes on to the god through the blood,

that is the life, of the victim.[361]

The Roman priests had also other insignia, of which the original meaning

is less evident. The Flamen Dialis, and probably all the flamines, wore

a cap with an olive-twig fastened to the top of it; this is well shown

in the sculptures of the Ara Pacis of Augustus.[362] The flaminicae had

a head-dress called _tutulus_, which consisted in part, at least, of a

purple fillet or ribbon. The flamines, when actually sacrificing, wore a

_galerus_, or hood of some kind made of the skin of a victim, and the

Flamen Dialis in particular wore one made of the skin of a white heifer

sacrificed to Jupiter.[363] In these various ways all priests were

outwardly shown to be holy men, _sacerdotes_, marked off from the

_profanum vulgus_. Only for the pontifices we have no information as to

a special dress, just as we also have none as to their inauguratio.[364]

Thus there is no question that the priests were chosen and separated

from the people in such a way as to meet with the approval of the gods;

and even the acolytes, _camilli_ and _camillae_, boys and girls who

frequently appear in sacrificial scenes on monuments, wore the _toga

praetexta_, and, in order to be acceptable, must be the children of

living parents.[365] This rule has lately been the subject of a

discussion by Dr. Frazer, on which he has brought to bear, as usual, a

great range of learning. He regards the restriction not so much as a

matter of good omen, _i.e._ of freedom from contamination by the death

of a parent, but as pointing to a notion that they were "fuller of life

and therefore luckier than orphans."[366] Whether or no this explanation

is the right one, it is quite consistent, as we shall see directly, with

the general idea of sacrifice at Rome, and the learning by which it is

supported is in any case of interest and value.

There is abundant evidence from historical times that all worshippers,

and therefore _a fortiori_ all priests, when sacrificing, had to be

personally clean and free from every kind of taint; a rule which also

held good for the utensils used in the worship, which in many cases at

least were of primitive make and material, not such as were in common

use.[367] The need of personal purity is well expressed by Tibullus in

his description of a rural festival[368]:--

vos quoque abesse procul iubeo, discedat ab aris

cui tulit hesterna gaudia nocte Venus.

casta placent superis: pura cum veste venite

et manibus puris sumite fontis aquam.

These lines indicate an approach at least to the idea of mental as well

as material purity; and Cicero in his _ius divinum_ in the _de

Legibus_[369] actually reaches that idea: "caste iubet lex adire ad

deos, animo videlicet, in quo sunt omnia: nec tollit castimoniam

corporis," etc. But this is the language of a later age, and does not

reflect the notions of the old Roman, but rather those of the religious

philosophy of the Greek. The personal purity which the Roman rule

required was a survival from a set of primitive ideas, closely connected

with taboo, which we are only now beginning to understand fully. They

are common to all or almost all peoples who have made any progress in

systematising their sacrificial worship. As Dr. Westermarck has

recently expressed it,[370] "they spring from the idea that the contact

of a polluting substance with anything holy is followed by injurious

consequences. It is supposed to deprive a deity or holy being of its

holiness.... So also a sacred act is believed to lose its sacredness by

being performed by an unclean individual." And in the next sentence he

goes still farther back in the history of the belief, pointing out that

a polluting substance is itself held to contain mysterious energy of a

baneful kind. But I must leave this interesting subject now; the story

of the evolution of the habit of cleanliness from these ancient ideas

will be found in the thirty-ninth chapter of his _Origin and Development

of Moral Ideas_.

Coming next to the act of sacrifice itself, it is needless to say that

the victim must be as exactly fitted to please the deity--if that be the

right way to express the obligation--as the priest who sacrificed it. It

must be of the right kind, sex, age, colour; it must go willingly to the

slaughter, adorned with fillets and ribbons (_infulae_, _vittae_), in

order to mark it off from other animals as holy; in the case of oxen, we

hear also of the gilding of the horns, but this must have been costly

and unusual.[371] All these details were doubtless laid down in the _ius

divinum_, and in later times, when the deities dwelt in roofed temples,

they were embodied in the _lex_ or charter of each temple.[372] I do not

need to go into them here minutely; for my present purpose, the

elucidation of the meaning which the Romans attached to sacrificial

worship, it will be sufficient to point out that all victims, so far as

we know, were domestic animals, and in almost all cases they were

valuable property (_pecunia_), such as belonged to the stock of the

Latin farmer, ox, sheep, pig, varying according to age and sex. Goats

were used at the Lupercalia, and a horse was sacrificed to Mars, as we

have seen, on October 15, and at the Robigalia in April a red dog was

offered to the spirit of the mildew. But though time forbids me to

explain all these rules, a careful study of the evidence for them is

most useful for any one who wishes to understand the influence of the

_ius divinum_ on the mind of the early Roman. In the family what rules

were needed were matter of tradition; deities were few, and offerings

limited. But in the city-state it was very different; here even the _di

indigetes_ were many, with diverse wishes and likings as well as

functions: how were these to be ascertained and remembered at the right

moment? Here, as in all methods of securing the _pax deorum_, a central

supervising authority was needed, in whose knowledge and wisdom the

whole community had confidence; and he was found in the rex, as is

clearly shown in the whole traditional account of the priest-king Numa.

Very naturally tradition also ascribed to Numa the institution of the

pontifices, whom the historical Romans knew as succeeding the rex in the

supervision of religious law.[373]

If all went well, the victim going willingly and no ill omen

supervening, the actual slaughter followed at the altar. During the

whole operation silence was enjoined; the priests' heads were veiled

with the folds of the toga;[374] pipers (_tibicines_) continued to play,

in order that no unlucky sound or word might be heard which would make

it necessary to start afresh with another victim (_instauratio_).

Immediately before the slaughter the victim was made holier than ever by

sprinkling upon it fragments of sacred cake made of _far_ (_immolatio_),

and by pouring on it libations of wine from a _foculus_ or movable altar

containing this holy condiment, together with incense if that were used

in the rite. As soon as it was dead, the internal organs were examined

to make sure that there was no physical defect or abnormal growth, for

it was, of course, quite as necessary that the animal should be "purus"

within as without; this was the only object of the examination, until

the Etruscan art of _extipicina_ made its way to Rome. What became of

the blood we are not told; I have already remarked that blood has

curiously little part in Roman ritual and custom.[375] But the _exta_,

_i.e._ internal organs of life, were separated from the rest of the

carcase, and carefully cooked in holy vessels, before being laid upon

the altar (_porrectio_), together with certain slices of flesh called

_magmenta_, or increase-offerings, while the rest of the flesh, which

had now lost its holiness, was retained for the use of the priests.[376]

The time occupied in the actual slaughter and inspection of the organs

was not long; but the cooking of these must have been often a lengthy

process. Ovid tells us how on April 25 he met the Flamen Quirinalis

carrying out the exta of a dog and a sheep, which had been sacrificed at

Rome to Robigus that morning, in order to lay them on the altar of that

deity at the fifth milestone on the Via Claudia.[377] Certain days in

the calendar, called _endotercisi_, which were _nefasti_ in morning and

evening, were _fasti_ in the middle of the day, between the slaying of a

victim and the placing of its exta on the altar (_inter hostiam caesam

et exta porrecta_).[378]

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