Part 51

Lastly, comes Maia Volcani. Here for once we get a fact of cult, which is a relief, after the loose and reckless statements of non-Roman and Christian writers. The flamen Volcanalis sacrificed to Maia on May 1st, which proves that there was a real and not a fancied connection between Volcanus and Maia, but certainly not that they were husband and wife. Dr. Frazer, however, quotes Cincius "on the Fasti" as (ap. Macrob. i. 12. 18) stating this, and refers us to Schanz's Gesch. der roem. Lit. for information about him. In the second edition of that work he will find a discussion of the very doubtful question as to whether the Cincius he quotes is the person whom he asserts him to be, viz., the annalist of the second Punic War. The writer of the article "Cincius" in Pauly-Wissowa Real-Encycl. is very confident that the one who wrote on the Fasti lived as late as the age of Augustus. But putting that aside, what are we to make of the fact that another annalist, L. Calpurnius Piso (famous as the author of the first lex de repetundis, 149 B.C.), said that the wife of Volcanus was not Maia, but Maiestas? Piso was not a good authority (see above, p. 51), but he seems here to bring the "consort" of the fire-god into line with such expressions of activity as Moles, Virites, and so on; and it seems that as early as the second century B.C., sport and speculation with these names were beginning. I have quoted the whole pedantic passage from Macrobius in my Roman Festivals, p. 98, where the reader may enjoy it at leisure. I shall not be surprised if he comes to the conclusion that neither Macrobius nor his learned informers knew anything about Maia. When he reads that she was the mother of Mercurius, he will recollect that Mercurius was not a Roman deity of the earliest period, and did not belong to the di indigetes; and when he finds that she is identified with Bona Dea, he must not forget that that deity, as scholars are now pretty well agreed, was introduced at Rome from Tarentum in the age of the Punic Wars. The one fact we know is the sacrifice by the flamen Volcanalis on May 1. Someone went to work to explain this and another, viz. that the Ides of the month was the dedication day of the first temple of Mercurius (B.C. 495), and also the fact that the temple of the Bona Dea on the Aventine was dedicated on the Kalends. The result was an extraordinary jumble of fancy and myth, which has been recognised as such by those who have studied closely the methods of Graeco-Roman scholarship. The unwary, of course, are taken in. A student of these methods might do well to take as an exercise in criticism the three "specimens of Roman mythology" which Dr. Frazer says (p. 413) have "survived the wreck of antiquity"—the loves of Vertumnus and Pomona, of Jupiter and Juturna, of Janus and Cardea. In the last of these especially he will find one of the most audacious pieces of charming and wilful invention that a Latin poet could perpetrate, in imitation of Hellenistic love tales, and to suit the taste of a public whose education was mainly Greek.

The above lengthy note was written before I had seen von Domaszewski's paper on this subject ("Festschrift fuer O. Hirschfeld") reprinted in Abhandlungen zur roem. Religion, p. 104 foll. cp. p. 162.) His explanations are different in detail from mine, but rest on the same general principle that the names Salacia, etc., indicate functions or attributes of the male deity to whom they are attached.

For the taboo on such spoils, and their destruction, see M. S. Reinach's interesting paper "Tarpeia," in Cultes, mythes, et religions, iii. 221 foll.

APPENDIX IV

(LECTURE VIII., PAGE 169 FOLL.) IUS AND FAS

In historical times the two kinds of ius, divinum and humanum, were strongly distinguished (see Wissowa, R.K. p. 318, who quotes Gaius ii. 2: "summa itaque rerum divisio in duos articulos diducitur, nam aliae sunt divini iuris, aliae humani"). But it is almost certain that there was originally no such clear distinction. The general opinion of historians of Roman law is thus expressed by Cuq (Institutions juridiques des Romains, p. 54): "Le droit civil n'a eu d'abord qu'une portee fort restreinte. Peu a peu il a gagne du terrain, il a entrepris de reglementer des rapports qui autrefois etaient du domaine de la religion. Pendant longtemps a Rome le droit theocratique a coexiste avec le droit civil." (See also Muirhead, Introduction to Roman Law, ed. Goudy, p. 15.) Possibly the formation of an organised calendar, marking off the days belonging to the deities from those which were not so made over to them, first gave the opportunity for the gradual realisation of the thought that the set of rules under which the citizen was responsible to the divine beings was not exactly the same as that under which he was responsible to the civil authorities. The distinction took many ages to realise in all its aspects, and is not complete even under the XII. Tables or later, because the sanction for civil offences remained in great part a divine one; on this point Jhering is certainly wrong (Geist des roem. Rechts, i. 267 foll.). As Cuq remarks (p. 54, note 1), one institution of the ius divinum kept its force after the complete secularisation of law, and retains it to this day, viz. the oath.

If there was originally no distinction between religious and civil rules of law, it follows that there were originally no two distinguishing terms for them. The earliest passage in which they are distinguished as ius divinum and humanum (so far as I know) is Cicero's speech for Sestius (B.C. 56), sec. 91, quoted by Wissowa, p. 319: "domicilia coniuncta quas urbes dicimus, invento et divino iure et humano, moenibus cinxerunt." But by all British writers on Roman law, and by many foreign ones, the word fas is used as equivalent to the ius divinum, and sharply distinguished from ius. Thus the late Dr. Greenidge, in his useful work on Roman public life (p. 52 and elsewhere), makes this distinction; he writes of the rex as the chief expounder of the divine law (fas), and of the control exercised by fas over the citizen's life. Cp. Muirhead, ed. Goudy, p. 15 foll., where Mommsen is quoted thus: "Mommsen is probably near the mark when he describes the leges regiae as mostly rules of the fas." But Mommsen, like Wissowa in his Religion und Kultus, does not use the word fas, but speaks of "Sakralrecht." Sohm, on the other hand (Roman Law, trans. Ledlie, p. 15, note), compares fas with Sanscrit dharma and Greek themis, as meaning unwritten rules of divine origin, which eventually gave way before ius, as in Greece before [Greek: dikaion]. (Cp. Binder, Die Plebs, p. 501.) But it is safer in this case to leave etymology alone, and to try to discover what the Romans themselves understood by fas, which is indeed a peculiar and puzzling word. (For its possible connection with fari, effari (ager effatus), fanum, and profanum, etc., see H. Nettleship's Contributions to Latin Lexicography, s.v. "Fas.")

Fas was at all times indeclinable, and is rarely found even as an accusative, as in Virg. Aen. ix. 96:

mortaline manu factae immortale carinae fas habeant?

In the oldest examples of its use, i.e. in the ancient calendar QRCF, on March 24 and May 24, i.e. "quando rex comitiavit fas" (Varro, L.L. vi. 31), and QStDF on June 15, i.e. "Quando stercus delatum fas" (Varro, L.L. vi. 32), it is hard to say whether it is a substantive at all, and not rather an adverb like satis. So, too, in the antique language of the lex templi of Furfo (58 B.C.) we read, "Utii tangere sarcire tegere devehere defigere mandare ferro oeti promovere referre fasque esto" (liceat should probably be inserted before fasque esto). See CIL. i. 603, line 7; Dessau, Inscript. Lat. selectae, ii. 1. 4906, p. 246. In these examples fas simply means that you may do certain acts without breaking religious law; it does not stand for the religious law itself. To me it looks like a technical word of the ius divinum, meaning that which it is lawful to do under it; thus a dies fastus is one on which it is lawful under that ius to perform certain acts of civil government, "sine piaculo" (Varro, L.L. vi. 29). Nefas is, therefore, in the same way a word which conveys a prohibition under the divine law. By constant juxtaposition with ius, fas came in course of time to take on the character of a substantive, and so too did its opposite nefas. The dictionaries supply many examples of its use as a substantive and as paralleled with ius, but the only one I can find that is earlier than Cicero is Terence, Hecyra, iii. 3. 27, i.e. in the work of a non-Roman.

I cannot find that it is so used by Varro, where we might naturally have expected it. Cicero does not call his imaginary ius divinum a fas, but iura religionum, constitutio religionum (de Legibus ii. 10-23, 17-32). Ius is the word always used technically of particular departments of the religious law, e.g. ius pontificium, ius augurale, and ius fetiale (CIL. i. p. 202, is preimus ius fetiale paravit). The notion that fas could mean a kind of code of religious law is probably due to Virgil's use of the word in "Quippe etiam festis quaeddam exercere diebus Fas et iura sinunt," Georg. i. 269, and to the comment of Servius, "id est, divina humanaque iura permittunt: nam ad religionem fas, ad homines iura pertinent."

It is strange to find it personified as a kind of deity in the formula of the fetiales, used when they announced the Roman demands at an enemy's frontier (Livy i. 32): "Audi Iuppiter, inquit, audite Fines (cuiuscunque gentis sunt nominat), audiat Fas." Whence did Livy get this formula? We have no record of a book of the fetiales; if this came from those of the pontifices, as is probable, the formula need not be of ancient date, and the personification of Fines also suggests a doubt as to the genuineness of the whole formula.

APPENDIX V

THE WORSHIP OF SACRED UTENSILS (page 436)

There can be no doubt that some kind of worship was paid by the Arval Brethren to certain ollae, or primitive vessels of sun-baked clay used in their most ancient rites. This is attested by two inscriptions of different ages which are printed on pp. 26 and 27 of Henzen's Acta Fratrum Arvalium. After leaving their grove and entering the temple "in mensa sacrum fecerunt ollis"; and shortly afterwards, "in aedem intraverunt et ollas precati sunt." Then, to our astonishment, we read that the door of the temple was opened, and the ollae thrown down the slope in front of it. This last act seems inexplicable; but the worship finds a singular parallel in the dairy ritual of the Todas of the Nilghiri hills.

Dr. Rivers, in his work on the Todas (Macmillan, 1906, p. 453), in summing up his impressions of their worship, observes that "the attitude of worship which is undoubtedly present in the Toda mind is becoming transferred from the gods themselves to the material objects used in the service of the gods." "The religious attitude of worship is being transferred from the gods themselves to the objects round which centres the ritual of the dairy." These objects are mainly the bells of the buffaloes and the dairy vessels; and an explicit account of them, the reverence in which they are held, and the prayers in which they are mentioned, will be found in the fifth, sixth, and eighth chapters of Dr. Rivers' work, which, as an account of what seems to be a religion atrophied by over-development of ritual, is in many ways of great interest to the student of Roman religious experience. The following sentence will appeal to the readers of these Lectures:—

"The Todas seem to show us how the over-development of the ritual aspect of religion may lead to atrophy of those ideas and beliefs through which the religion has been built up; and then how, in its turn, the ritual may suffer, and acts which are performed mechanically, with no living ideas behind them, may come to be performed carelessly and incompletely, while religious observances which involve trouble and discomfort may be evaded or completely neglected."

Whether the worship of the ollae was a part of the original ritual of the Brethren, or grew up after its revival by Augustus, it is impossible to determine. But if we can allow the dairy ritual of the Todas to help us in the matter, we may conclude that in any case it was not really primitive, and that it was a result of that process of over-ritualisation to which must also be ascribed the piacula caused by the growth of a fig-tree on the roof of the temple, and the three Sondergoetter Adolenda Commolenda Deferunda. (See above p. 161 foll., and Henzen, Acta Fratr. Arv. p. 147.)

INDEX

Acca Larentia, 67

Acolytes, 177

Adolenda, 162

Addenda Commolenda Deferunda, 162, 490

Aedes Vestae: see Vesta

Aediles, plebeian, 255

Aemilius Paulus, 340, 362, 433

Aeneid, the, 119, 206, 230, 250, 251; as a means of understanding the spirit of the Roman religion, 254; a poem of religion and morals, 409-425

Aesculapius, 260

Ager paganus: lustration, 80, 213 Romanus: lustration, 78, 100

Agriculture, the economic basis of Roman life, 99; festivals, see Festivals

Agrippa, 442, 443

Alba Longa, 109, 128

Alban Mount: Latin festival, 172; temple of Jupiter Latiaris, 237, 238, 245

Alexander, Archibald, on faith, 472

Ambarvalia, procession of the, 214, 218, 442

Amburbium, 214, 218, 332

Amulets, 42, 59, 60, 74, 84

Ancilia, 97; lustration, 96, 217; moving, 36

Angerona, 117

Animism, 65, 122, 148, 164, 287

Anna Perenna: festival, 65, 105, 346; Ovid's account of, 473

Antoninus Pius, 429

Apollo, 257, 449; cult of, 268; associated with Diana, 443, 446; with Latona, 262; the Pythian, 323; temple, 443-445; institution of Apolline games, 326

Appius Claudius, 300

Aquaelicium, ceremony of the, 50, 52

Ara, meaning of, 146

Ara Maxima in the Forum Boarium 29, 230

Ara Pacis of Augustus, 177, 437, 448

Argei: festival, 36, 65; puppets thrown into the Tiber, 54, 105, 321, 322; chapels called, 321, 322

Armilustrium, 97

Army: lustration of, 96, 100, 215, 217

Arnobius, 51, 52, 459, 461, 465

Artemis, 235, 443

Arval Brethren: see Fratres Arvales

Asclepios, 260

Astrology, 396-398, 401

Ateius Capito, 441

Athene Polias, 234

Attalus, king of Pergamus, 330

Atticus, Cicero's letters to, 385

Attus Navius, soothsayer, 297

Augurium canarium, 310

Augurs, 174-176, 193, 271, 276; and the art of divination, 292-309; in relation to the Rex, 301; art strictly secret, 301; compared with pontifices, 303 lore preserved in books, 303; political importance, 305

Augustus, 35, 133, 213, 344; revival of religion, 428-447; his connection with Virgil, 428; pontifex maximus, 433; restoration of temples, 433-434; revival of ancient ritual, 434-436; restorer of the pax deorum, 438

Aurelius, Marcus, 456

Auspicia, 175, 214; in life of family, 299; in State operations, 300; indissolubly connected with imperuim, 301

Aust, on religion of the family, 68; on Roman deities, 157; on prayer, 198; on reaction against the ius divinum, 349

Aventine: plebeian quarter, 255; temples, 95, 147, 233, 234, 237, 244, 484

Axtell, Harold L., on Fortuna, 245

Bacchic rites, introduction of, 344-348

Bailey, Cyril, cited, 400

Beans, used to get rid of ghosts, 85, 107; taboo on eating, 91, 98

Bellona, connection with Mars, 166

Bibulus, 305

Binder, Dr., on the plebs, 23, 86, 242, 289, 393

Birds, used in augury, 293, 296, 299, 302

Birth, spirits invoked at, 83, 84, 164

Blood: taboo on, 33; mystic use of, 33, 34, 82; not prominent in Roman ritual, 180-181; consecration through, 194; wine as substitute for, 196

Boissier, G., 391; on the Aeneid, 414, 427

Bona Dea, 484

Bouche-Leclercq, M., on divination, 310

Boundary festivals: see Terminalia

Boundary stones, 81-82, 212; sprinkled with blood of victims, 34, 82, 196

Bulla worn by children, 60, 74

Burial places loca religiosa, 37, 385

Bussell, F. W., cited, 366, 367

Caesar, Julius: belief in spells, 59; calendar, 95; pontifex maximus, 305; and the priesthood, 343

Caesar-worship, 437, 438, 456

Caird, Professor, 357; on Reason in man, 368, 373

Cakes: honey, 82; sacred, 83, 130, 141, 180, 183, 184, 274, 449; see also Salt-cake

Calendar, the ancient religious, 12, 14, 34, 38, 55, 65, 217, 225; described, 94-109; in relation to agricultural life, 100-102, 282, 295; festivals necessarily fixed, 102; a matter of routine, 103; its psychological result, 104-105; a document of religious law, 106; exclusion of the barbarous and grotesque, 107; attributed to Numa Pompilius, 108 Julian, 95

Calpurnius Piso, L.: see Piso

Camilli and camillae, 177, 195

Campus Martius, 34, 447; lustrum of censors, 203, 210, 215, 219

Cannae, religious panic after the battle of, 319

Cantorelli, on the annales maximi, 290

Capitolium, 238, 239, 246, 339; Carmen saeculare sung, 444-445; temples, 95, 115, 146, 203, 239, 242, 245, 254, 266, 433, 443, 447

Caprotinae, Nonae, 143

Cardea, 76; connection with Janus, 485

Caristia, 418, 457

Carmen, meaning of, 186; used at siege of Carthage, 206, 219 Arvale, 78, 132, 186, 187, 436 used by Attiedii, 187 saeculare, 431, 432, 439, 443-447, 450, 451 Saliare, 186

Carmenta, 36, 122, 297

Carmentalia, 98

Carna, 117

Carter, J. B., on cult-titles, 153; on the Latins, 229-230; on Castor-cult, 232, 244; on Diana, 236; on Fortuna, 245; on Hercules, 231; on Janus, 141; on Juno, 144; on the Manes, 386; on Mars, 133; on Poseidon-Neptune, 260

Cassius Hemina, 349, 356

Castor and Pollux, 231, 244; temple, 231, 244

Cato, the Censor, 121, 132, 182-184, 251, 296, 298, 340

Catullus, on death, 387

Censors, lustrum of the, 203, 210, 215, 219

Census, 215, 218

Cerealia, 100, 121, 269

Ceres, 100, 121, 139, 161, 162, 260, 435, 446; temple, 255, 269

Cerfius, or Cerus, 158

Chaldeans, 296; expelled from Rome, 397, 402

Charms, 59-62; see also Amulets

Chickens, sacred, as omens, 314, 315

Children: purificatory rites, 28; naming of, 28-29, 42; amulets and bulla worn by, 42, 60, 74, 84; dedication of, 204-205

Christianity, early: contributions from the Roman religion, 452-467; the Greek and Latin fathers compared, 458-459; its relation to morality, 471

Cicero, 58, 178, 296, 309; on religiousness of the Romans, 249-250; on Titus Coruncanius, 281-282; on divination, 299, 312; on interest of the gods in human affairs, 360; on Stoicism, 365-368, 377; on relation of man to God, 370; affected by revival of Pythagoreanism, 381, 383, 389; turns to mysticism, 384, 388; his letters to Atticus, 385; his Somnium Scipionis, 383, 386, 412; belief in a future life, 389; definition of religio, 460

Claudius, Emperor, 309, 438

Claudius Pulcher, P., 315 Quadrigarius, 39

Cleanthes, hymn of, 368, 377

Clusius (or Clusivius), cult-title of Janus, 126

Coinquenda, 162

Colonia, religious rites at founding of, 170

Compitalia, 61, 78, 81, 88, 102

Concordia, 285

Conditor, 161

Confarreatio, marriage by, 83, 130, 274

Coniuratio, 347, 348, 356

Consolatio, 388

Constantius, 430

Consualia, 101, 139

Consuls, annual ceremony at the Capitoline temple, 203, 219, 239-240

Consus, 285; connection with Ops, 482

Convector, 161

Conway, Professor, on Quirinus and Quirites, 143

Cook, A. B., on Jupiter, 128, 141; on Janus, 140; on Quirinus and Quirites, 143

Corn deities, Greek, 255, 259

Corpus Inscriptionum, 13, 201

Coruncanius, Titus, 271, 279, 281, 290

Coulanges, Fustel de, on the Lar, 77

Crawley, Mr., on the fatherhood of gods, 157; on religion and morality, 227, 242

Cremation, 382, 395, 398, 401

Crooke, Mr., on luck in odd numbers, 98

Cult-titles, invention of, 153

Cumont, Professor, on the religion of the Romans, 2; on Jupiter, 246

Cunina, 159

Cuq, on civil and religious law, 486

Cura et caerimonia, Cicero's expression, 81, 104, 106, 108, 145, 162, 170, 270, 282, 343, 434, 460

Curia, 138

Curiatius, 126

Cynics, the, 372

Days, lucky and unlucky, 38-41; see also Dies

De Marchi, on votive offerings, 201, 202

Dea Dia, 146; description of rites, 435-436; veneration for utensils used, 436; temple, 161, 436

Dead: disposal of the, 45, 84, 121, 395, 401; cult, 91, 102, 457, 470; festivals, 40, 112, 418; contrast between Lemuria and Parentalia, 107, 393-395

Decemviri, 259, 317, 318, 326

Decius Mus, self-sacrifice of, 206-207, 220, 286, 320

Deities, Roman: see also Numen and Spirits; sources of our knowledge of, 114-115; mental conception of the Romans regarding, 115-117, 122-123, 139-140, 145, 147, 157, 224-225; di indigetes, 117, 139, 149, 180, 214; functional spirits with will-power, 119; the four great gods, 124-134; epithets of Pater and Mater applied to, 137, 155-157; the question of marriage, 148-152, 166, 350, 481-485; fluctuation between male and female, 148-149; nomenclature, 118, 149-156, 163; compared with Greek gods, 158; presence of, at meals, 172-173, 193; introduction of new, 96, 229-242, 255-262; women's, see Women