The Grandeur That Was Rome: a survey of Roman culture and civilisationStobart, J. C. (John Clarke)
History
The Grandeur That Was Rome: a survey of Roman culture and civilisation
Stobart, J. C. (John Clarke)
Rome -- Civilization; Rome -- History
The deity was very dimly visualised: the cult was everything, the god
nothing. The true Latin god does not marry or beget children--did not,
at least, till the Greek theologians came over and married them all
suitably and provided them with families. Before history began the
Romans had forgotten the little they had ever known about their most
ancient deities. The rite, perhaps the altar, was preserved, but no
one remembered the object of it. This is a typical Roman prayer as we
have it in old Cato: “This is the proper Roman way to cut down a grove.
Sacrifice with a pig for a peace-offering. This is the verbal formula:
Whether thou art a god or a goddess to whom that grove is sacred, may
it be justice in thine eyes to sacrifice a pig for a peace-offering in
order that the sanctity may be restrained. For this cause, whether I
perform the sacrifice or any one else at my orders, may it be rightly
done. For that cause in sacrificing this pig for a peace-offering I
pray thee honest prayers that thou mayest be kind and propitious to
me and my house and my slaves and my children. For these causes be
thou blessed with the sacrifice of this pig for a peace-offering.” To
misplace a word in this formula would have been fatal. The vagueness of
the address is typical: the wood is sacred, no doubt, to some invisible
_numen_; the woodman must guard himself against addressing the wrong
power. Much of the Roman worship is thus offered “to the Unknown God.”
LAW
It was this quality of precision and formalism which made Rome the
lawgiver of Europe. In the battle between law and sentiment the Roman
sword has been thrown with decisive effect into the scale of law. All
Roman law was originally a series of formulæ, and like all ancient law
a part of religion. First the king and then the priests were the only
people who knew these formulæ. Thus the king was the sole judge both in
private and public right; he might summon a council of advisers or he
might delegate his powers to an inferior officer, such as the prætor
or the prefect of the city, or the trackers of murder. Both these
rights, that of choosing a consilium and of delegating authority, with,
however, a right of appeal from the lower to the higher functionary,
remained inherent in the Roman magistracy. In all cases, private or
public, the king or the magistrate who replaced him had to pronounce
the _jus_ first: that is, to state the proper formula for the case in
question; then he would send the case for trial of fact, or _judicium_,
before judge or jury. The formula would run “if it appears that A.
B. has been guilty of---- condemn him to----; if not, acquit him.”
_Jus_, human right, was inseparably connected with _fas_, divine right:
no layman could properly interpret either. For a long time it was
necessary for one of the priests to be present in court to see that the
proper formularies of action were observed with strict verbal accuracy.
Public-domain text, read in full here on John Shaqi.
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