But I must observe, before I go on, that divination as an object of

anthropological inquiry still stands in need of a thorough scientific

examination. At present it seems to puzzle anthropologists;[597] and the

reason probably is that the material for studying it inductively has not

as yet been collected and sifted. Strange to say, it does not appear in

the index to Dr. Westermarck's great work, which I have so often quoted:

it is hardly to be found even in the _Golden Bough_: nor can I find a

thoroughgoing treatment of it in any other books about the early

history of mankind. And any sort of guesswork under these circumstances

only increases our difficulties. Some years ago the great German

philosophical lawyer, von Jhering, in an interesting work called the

_Evolution of the Aryan_, made some most ingenious attempts to explain

the origin of Roman divination. He fancied that the practice of

examining the entrails of a victim, for example, began in the course of

Aryan migration, because when you encamped in a new region you would

catch and kill some of the native cattle in order to see whether they

were wholesome enough to tempt you to stay.[598] Again, the study of the

flight of birds was prompted by the desire to get information about the

mountain passes and the course of great rivers; and this study grew into

an elaborate art as the leader of the host, the prototype of the Roman

augur, gained experience by constant observation from elevated

ground.[599] Such a theory as this last might be worth something if it

were based upon known facts; as it is, it is only most ingenious

guesswork. This great legal writer did not know, as we do now, that

divination by both these methods is found all over the world, and cannot

be explained by any supposed needs of migrating Aryans.

Whatever be the origin of the several forms of divination, the object of

the practice in ancient Italy and Greece is beyond doubt--to find out

whether the Power with whom you wish to be in right relation is

favourable to certain human operations, or willing to aid in removing

certain forms of human suffering. According to our definition, it was a

part of religion, whether or no it belonged originally to magic. It was

a practical expression of that doubt or anxiety to which I believe the

Romans attached the word _religio_. In the agricultural period it must

have been specially useful and even inevitable,[600] because the tiller

of the soil is always in need of knowledge as to the best times and

seasons for his operations, and his out-of-door life gives him constant

opportunity of observing natural phenomena, _diosemeia_, signs from

heaven, and the utterances and movements of birds and other animals. It

is interesting to reflect that these last may often be of real service

in foretelling the weather, which is so important to the farmer. As I

write this on a December day I recall the fact that I have myself within

the last week successfully foretold a spell of cold after observing a

great arrival of winter thrushes from the north. This particular branch

of augury is, in fact, neither so inadequate nor so absurd as most

others. Von Jhering may turn out to be right in his notion that at least

some forms of divination have their origin in practical needs and in the

skill of uncivilised man in discerning the signs of the weather--a skill

which it is well to remember far exceeds that of the house-dweller of

modern civilisation. But with the growth of the City-state and the

habits of life in a town, these early instincts and methods of the

agriculturist came to be caught up into a system of religious practice,

adapted to the conditions of civil and political existence; thus they

gradually lost their original meaning and such real value as they ever

possessed. I have pointed out that the Roman festivals and the ritual of

the oldest calendar gradually got out of relation with the agricultural

life in which they for the most part originated:[601] so it was with

divination, which in the hands of the State authorities became

formalised into a set of rules for ascertaining the good-will of the

gods, and obtaining their sanction for the operations of the community,

which had no scientific basis whatever, no relation to truth and fact.

Of all the methods for putting yourself in right relation with the

Power, this was the least valuable, and indeed the most harmful; it came

in course of time to be a positive obstacle to efficiency and freedom of

action, it wasted valuable time, and it often served as the means of

promoting private ends to the detriment of the public interest.

Before I go on to consider the development of the highly formalised

system of public divination, let me clear the ground by a few remarks

about such forms of the practice as were not sanctioned by the State.

That these existed throughout Roman history there is no doubt, as they

existed in Greece, among the Jews, and elsewhere in the East, alongside

of the advanced and organised methods of official and authorised

experts.

Our information about private divination is scattered about in Roman

literature, and even when brought together there is not a great deal of

it. What is prominent both in Roman literature and Roman history is the

divination authorised by the State and systematised by its authorities;

even in Cicero's treatise _de Divinatione_, though the subject-matter is

of a general kind, drawn from Greece as well as Rome, it is, I think,

apart from philosophical questions, chiefly the art of augurs and

haruspices that interests the writer, who was himself an augur when he

wrote it. In Greek literature exactly the opposite is the case; there we

hear little of State-authorised divination, and a great deal of

wandering soothsayers, soothsaying families, and oracles which (except

at Delphi) were not under the direct control of a City-state.[602] The

methods of divination are much the same in both peninsulas, and indeed

vary little all the world over; the difference lies simply in

this,--that at Rome the adoption and systematisation by the State of

certain methods, especially those which dealt with birds and lightning,

had the effect of discrediting, if not excluding, an immense amount of

private practice of this kind. I mean that if the State strongly

sanctions some forms of divination, working them by its own officials,

it casts a shadow of discredit over the rest. As the _ius divinum_

tended to exclude magic and the barbarous in ritual, so did the _ius

augurale_, which was a part of it, exclude the quack in divination. And

in this particular department of human delusion the result may be said

to have been happy; for though divination belongs to religion as having

survived from an earlier stage into a religious one, yet it is the least

valuable, the least fruitful, part of it.[603] True, the augural

systematisation, as we shall see, had a sinister effect on political

progress; but even there the very emptiness and absurdity of the whole

business helped to bring contempt on it, and, as Cicero tells us in a

well-known passage, even old Cato declared that he could not imagine why

a _haruspex_ did not laugh when he met a brother of the craft.[604] In

Greece, on the contrary, it might, I believe, be shown that the absence

of systematisation by the State only served to prolong the credit and

influence of the professional quack.

Greece was at all periods full of these quacks; did the sham prophet

exist at Rome in the period we have now under review? Later on the

Oriental soothsayer found his way there; of these _Chaldaei_ and

_mathematici_ I shall have a word to say in another lecture, and we

shall see how the State authorities made occasional attempts to exclude

them. Of the _frantic_ type of diviner, the [Greek: entheos], so common

in Greece, we hear nothing in the sober Roman annals; the idea of a

human being "possessed by a spirit of divination" seems foreign to the

Roman character.[605] The only soothsayer, so far as I know, who appears

in Roman legend in a private capacity is that Attus Navius who gave

Tarquinius Priscus the benefit of his knowledge; and he is represented

as a respectable Sabine, and his art as an augural one learnt from the

Etruscans.[606] There are, indeed, ancient traces of a prophetic art at

Rome, but, as the historian of divination has well observed, they are

all connected not with human beings, but with divinities, a fact which

explains the Latin word _divinatio_.[607] To take what is perhaps the

best example, the ancient deity Carmenta, who had a flamen and a double

festival in the month of January, may very probably represent some dim

tradition of a _numen_ at whose shrine women might gain some knowledge

as to their fortunes in childbirth, just as outside Rome, at Praeneste

and Antium, Fortuna seems to have had this gift in historical

times.[608] So St. Augustine interpreted Carmenta,[609] probably

following Varro; and to Virgil she was the "_vates fatidica_, cecinit

quae prima futuros Aeneadas magnos et nobile Pallanteum."

But Carmenta, Picus, Faunus, are dim mythical figures which for us can

have no bearing on Roman religious experience; it would be more to the

point to ask what was the original meaning and history of the word

_vates_, if the question were answerable in the absence of an early

Roman literature. All we can say about this is that this word had, as a

rule, a certain dignity about it, which enabled it eventually to stand

for a poet, and that it rarely has a sinister sense, unless accompanied

by some adjective specially used in order to give it.[610] The real word

for a quack is _hariolus_, and the fact that it is comparatively rare

suggests that the character it expresses was not a common one. It occurs

here and there in fragments of old plays, where, unluckily, we cannot be

quite sure whether it represents a Greek or a Latin idea. The following

lines from the Telamo of Ennius shows us the _hariolus_, as well as the

word _vates_ with a discreditable adjective attached:

sed superstitiosi vates impudentesque harioli

aut inertes, aut insani, aut quibus egestas imperat,

qui sibi semitam non sapiunt, alteri monstrant viam,

quibu' divitias pollicentur, ab iis drachmam ipsi petunt.[611]

A more satisfactory bit of evidence as to the existence of the quack in

the second century B.C., when Greece and the East were beginning to pour

their unauthorised religionists into Italy, is the interesting passage

in old Cato's book on agriculture, in which he urges that the bailiff of

an estate should not be permitted to consult either a _haruspex_,

_augur_, _hariolus_, or _Chaldaeus_.[612] But on the whole, such little

evidence as we possess seems to confirm the view I hazarded just now,

that the overwhelming prestige of State authority at Rome discouraged

and discredited the quack diviner both in public and private life. His

work in private life was largely that of fortune-telling, of foretelling

the future in one sense or another; and this was exactly what the State

authorities never did and never countenanced, at any rate until the

stress of the Hannibalic war, and then only in a very limited sense.

Their object was a strictly religious one, to get the sanction of the

divine members of the community for the undertakings of the human ones.

Even the so-called Sibylline oracles, as we saw, were not prophecies;

and the augural art never provided an answer to the question, "What is

going to happen?" but only to that much more religious one, "Are the

deities willing that we should do this or that?"[613]

But before I leave the subject of private divination, I must note that

there was a department of it which may be called legitimate, as

distinguished from that of the quack. I mean the _auspicia_ of the

family religion, and also the comparatively harmless folklore about

omens of all sorts and kinds.

Naturally we have little information about legitimate _auspicia_ in the

life of the family; but we have seen that the religious instinct of the

Roman forbade him to face any important undertaking or crisis without

making sure of the sanction of the _numina_ concerned, and among the

methods of insurance (if I may use a convenient word) the _auspicia_

must have had a place from the earliest times. No important thing was

done, says Cicero in the _de Divinatione_, "nisi auspicato, ne privatim

quidem."[614] Valerius Maximus says the same in so many words, and some

other evidence has been collected by De Marchi in his work on the

private religion of the Romans.[615] But only in the case of marriage do

we hear of _auspicia_ in historical times, and even there they seem to

have degenerated into a mere form. "Auspices nuptiarum, re omissa, nomen

tantum tenent"--so Cicero wrote of his own time;[616] he seems to be

thinking of augury by means of birds, for he adds, "nam ut nunc extis

sic tunc avibus magnae res impetrari solebant." As we have already seen,

the object of the examination of a victim's entrails was simply to

ascertain its fitness to be offered; but by Cicero's time the Etruscan

art of divination by this method must have penetrated into private life.

I think we may conjecture that in the life of the family on the land the

_auspicia_, as the word itself implies, were worked chiefly by

observation of birds. Nigidius Figulus, the learned mystic of Cicero's

time, wrote a book, _de Augurio Privato_, of which one fragment survives

which has to do with this kind of divination, and with the distinction

between omens from birds seen on the right or left, and from high or low

flyers.[617] In the familiar ode of Horace beginning, "Impios parrae

recinentis omen,"[618] the _corvus_ and _cornix_ are mentioned besides

the _parra_, and in that wholesome old out-of-door life of the farm, as

I said just now, there was a certain basis of truth and fact in the

observation of such presages. But Horace mentions other animals, wolf,

fox, and snake, and some at least of the folklore about omens which is

to be found in Pliny's descriptions of animals may help us to appreciate

the nature of the old Roman ideas on this subject. The tiller of the

land and the shepherd on the uplands used their eyes and ears, not

wholly without advantage to themselves; but in the life of the city such

observation became gradually formal and meaningless, and degenerated

into the superstition reflected in Horace's ode. I must parenthetically

confess to a personal feeling of regret that this people, who in their

early days had good opportunities, made little or no contribution to the

knowledge of animals and their habits.[619] But I must pass on to the

more important subject of divination as developed and formalised by the

authorities of the State.

In explaining the ritual of the _ius divinum_ I laid stress on the fact

that its main object was to maintain the _pax deorum_, the right

relation between the divine and human citizens.[620] To make this _pax_

secure, it was necessary that in every public act the good-will of the

gods should be ascertained by obtaining favourable auspices--it must be

done _auspicato_. To take the first illustration that occurs, Livy

describes a dictator about to fight a battle as leaving his camp

_auspicato_, after sacrificing to obtain the _pax deorum_.[621] It is

for this reason that the _auspicia_ have a leading place in the

foundation legends of the city. We are all familiar with the story of

the _auspicia_ of Romulus and Remus, which goes back at least as far as

Ennius;[622] and we find them also in the foundation of _coloniae_ in

historical times.[623] I do not know that I can better express the place

which the _auspicia_ occupied in the mind of the Roman than by quoting

the words which Livy puts into the mouth of Appius Claudius in 367 B.C.,

when supposed to be inveighing against the opening of the consulship to

plebeians: "Auspiciis hanc urbem conditam esse, auspiciis bello ac pace,

domi militiaeque, omnia geri, quis est qui ignoret?" He goes on to argue

that these _auspicia_ belong to patricians only, that no plebeian

magistrate is created _auspicato_, that the man who wants to allow

plebeians to become curule magistrates, _tollit ex civitate auspicia_.

"Nunc nos, tanquam iam nihil pace deorum opus sit, omnes caerimonias

polluimus."[624] This is, of course, only Livy's rhetoric, but it

represents the fundamental Roman idea of the public _auspicia_.

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 Bouche-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.

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