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must have houses, cities, lands which they plough and sow, which proves them mortal. Finally he takes the whole series of inferences backwards, finishing with "si domibus carent, ergo et concubitu. Si concubitus ab his abest, et sexus igitur foemineus," etc. All this, he means, can be inferred from the fact that gods are of both sexes; but that they have concubitus can no more be inferred from his argument than that they plough and sow.

12. Dr. Frazer conjectures a sacred marriage of Jupiter and Juno under the forms of Janus and Diana, in Kingship, p. 214; but he is well aware that it is pure guesswork. There was, indeed, at Falerii such a marriage of Juno with an unknown deity (Ovid, Amores, iii. 13), of which, however, we do not know the history. Falerii was one of those cities, like Praeneste, where Etruscan, Greek, and Latin influences met. The "Orci nuptiae" on which Frazer lays stress was simply the Greek marriage of Pluto and Proserpine: "Orci coniux Proserpina," Aug. C.D. vii. 23 and 28, Agahd, p. 152. Wissowa shows this conclusively, R.K. p. 246. Orcus was Graecised as Plutus, but was himself totally without personality.

13. Dr. Frazer wrongly translates this as "ancient prayers (p. 411), adding "the highest possible authority on the subject." Oratio is never used in this sense until Christian times: the word is always precatio. All scholars are agreed that what is meant is invocations to deities in old speeches, such as occur once or twice in Cicero (e.g. at the end of the Verrines); cp. Livy xxix. 15. As the recording of speeches cannot be assumed to have begun before the third century B.C., this does not carry us very far back. That century is also the age in which the pontifices were probably most active in drawing up comprecationes; see below, p. 285 foll.

14. See Appendix B at end of volume.

15. Cp. Ovid, Fasti, iii. 850, "forti sacrificare deae." In R.F. p. 60 foll., I have criticised the attempts, ancient and modern, to make this Nerio the subject of myths.

16. Macrob. i. 12. 18. This word Maiestas shows the doubtful nature of these feminine names, and probably betrays the real meaning of Maia. I may mention here that Bellona instead of Nerio is ascribed as wife to Mars by Seneca ap. Aug. C.D. vi. 10; also Venus to Volcanus instead of Maia. Neither have any connection, so far as we know, with the gods to whom Seneca ascribes them as wives: Venus-Vulcan is, of course, Greek. Both Augustine and Dr. Frazer might with advantage have abstained from citing Seneca on such a point: as a Spaniard by birth he was not likely to know much about technical questions of Roman ritual.

17. See Schanz, Gesch. der röm. Literatur, i. 274.

18. In the Graeco-Roman age Mars seems to have been rather a favourite subject of myth-making; see Usener's article on Italian myths in Rhein. Mus. vol. xxx.; Roscher in Myth. Lex. for works

of Graeco-Etruscan art in which he appears in certain mythical


19. H. Jordan, quoted in R.F. p. 61 note. I relegate to an appendix what needs to be said about the other pairs of deities mentioned by Gellius.

20. Leipzig, 1898, p. 7 foll.

21. Wissowa, R.K. p. 168. Carter, op. cit. p. 21.

22. See Buecheler, Umbrica, pp. 22 and 98.

23. So Fides is usually explained, as originally belonging to Jupiter (Wissowa, R.K. p. 103 foll.); but a different view is taken by Harold L. Axtell in his work on the Deification of Abstract Ideas at Rome (Chicago, 1907), p. 20.

24. In the Festschrift f. O. Hirschfeld, p. 243 foll.

25. Religion of the Babylonians, introductory chapter.
26. Op. cit. p. 412.

27. L.L. v. 64.

28. This fragment is No. 503 in Baehrens, Fragm. Poet. Rom. 29. Lactantius, Div. inst. iv. 3.

30. Crawley, The Tree of Life, p. 256; Farnell, Evolution of Religion, p. 180; von Domaszewski, Abhandlungen, p. 166, "Man ruft sie an im Gebete als pater und mater zum Zeichen der Unterwerfung unter ihren Willen, wie der Sohn dem Gebote des paterfamilias sich fügt. Der sittlich strenge Gehorsam, der das Familienleben der Römer beherrscht, die pietas, ist der Sinn der römischen religio." Cp. also Appel, de Rom. precationibus, pp. 102-3, who thinks that they regarded the gods "velut patriarchas sive patres familias." He quotes Preller-Jordan i. 55 and Dieterich, Eine Mithrasliturgie, p. 142 sq. So too with mater-" velut mater familias."

31. The expression seems to mean "a father made for the purpose of the embassy." Wissowa, R.K. p. 477, note 3.

32. p. 19. This was written, it may be noted, several years after Aust had thoroughly investigated the cult of Jupiter for his article in the Mythological Lexicon; in which cult, if anywhere, one may be tempted to see evidence of a personal conception of deities. As Dr. Frazer has referred to the cult of Jupiter at Praeneste, to which I referred him as evidence of a possibly personal conception of the god in that Latin city, I may say here that I adhere to what I said about this in R.F. p. 226 foll.; no piece of antique cult has occupied my attention more than this, and I have tried to lay open every source of confirmation or criticism. Wissowa has expressed

himself in almost exactly the same terms in R.K. p. 209: arrived at our conclusions independently.


33. Tertullian, ad Nationes 11, and de Anima, 37 foll.; Aug. de Civ. Dei, iv. passim, and especially ch. xi.; R. Peter compiled a complete list (Myth. Lex., s.v. “Indigitamenta," p. 143) from these and other sources.

34. Aug. C.D. vii. 17. That this was what Varro meant by di certi was first affirmed by Wissowa in a note to his edition of Marquardt, p. 9; it has been generally accepted as the true account. A full discussion will be found in Agahd's edition of the fragments of Varro's work, p. 126 foll. ; cf. Peter's article quoted above, and Wissowa, R.K. pp. 61 and 65. A somewhat different view is given in Domaszewski's article in Archiv for 1907, p. 1 foll., suggested by Usener's Götternamen.


35. The evidence for this will be found in Marquardt's note 4 on p. 9. I have no doubt that Wissowa is right in explaining Indigitamenta as "Gebetsformeln," formulae of invocation; in which the most important matter, we may add, would be the name of the deity. See his Gesammelte Abhandlungen, p. 177 foll. Indigitamenta contained, as one section, the invocations of di certi. 36. Chiefly by Ambrosch in his Religionsbücher der Römer. Peter's article contains a useful account of the whole progress of research on this subject.

37. Lex. p. 137; it was that of his master Reifferscheid. Wissowa, op. cit. (Ges. Abhandl. p. 306 foll.).

38. R.F. pp. 191, 341.


39. "The place of the Sondergötter in Greek Polytheism," printed in Anthropological Essays addressed to E. B. Tylor, p. 81. Usener's discussion of the Roman and Lithuanian Sondergötter is in his Götternamen, p. 73 foll.

40. Wissowa writes (Ges. Abhandl. p. 320 note) that he has reason to believe that a great number of the Lithuanian Sondergötter only became such through the treatment of the subject by the mediaeval writers on whom Usener relied!

41. Ges. Abhandl. p. 304 foll.

42. Servius (Interpol.) ad Georg. i. 21.

43. Henzen, Acta Fratr. Arv. p. 147; C.I.L. vi. 2099 and 2107. 44. Op. cit. p. 323 foll.; for famuli and anculi divi, Henzen, op. cit. p. 145.

45. See above, p. 121.

46. p. 312; cp. 320, where he further asserts his belief that Varro is responsible himself for the creation of a great number of these Sondergötter, owing to his extreme desire to fix and define the function of every deity in relation to human life; just as the mediaeval writers Laskowski and Pretorius may have created many Lithuanian Sondergötter. As I am not quite clear on this point, I have not mentioned it in the text.

47. Op. cit. p. 314, note I. See above, note 33.

48. e.g. Vaticanus, " 'qui infantum vagitibus praesidet"; Rusina from rus; Consus from consilium, etc.

49. See above, p. 84.




I HAVE already frequently mentioned the ius divinum, the law governing the relations between the divine and human inhabitants of the city, as the ius civile governed the relations between citizen and citizen.1 When we examined the calendar of Numa, we were in fact examining a part of this law; we began with this our studies of the religion of the Roman city-state, because it is the earliest document we possess which illuminates the dark ages of city life, so far as religion is concerned. study of the calendar naturally led us on to consider the evidence it yields, taken together with other sources of information, as to the nature of the deities for whose worship it fixes times and seasons, or, more accurately, the amount of knowledge to which the Romans had attained about their divine beings. But we must now return to the ius divinum, and study it in another aspect, for which the calendar itself does not suffice as evidence.

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," " 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; 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.' How can we maintain our right relations with the gods, if plebeians have the care of them?

» 4

Thus it is not going too far to describe the whole Roman religion of the city-state as a Rechtsverkehr, 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. 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. 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,

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