[394] Wissowa, _R.K._, 333, inclines to the belief that prayer had a legal binding force upon the deity; but he does not cite any text which confirms this view, and is arguing on general grounds. I gather from the language of Aust (_Religion der Roemer_, p. 30) that he thinks there was a germ which might have developed into a more truly religious attitude towards the gods, if it had not been killed by priestly routine and quasi-legal formulae. With this opinion I am strongly inclined to agree. Cp. the story of Scipio Aemilianus audaciously altering and elevating the formula dictated by the priest in the censor's lustratio (Val. Max. iv. 1. 10), to which I shall return in the proper place. [395] Westphal, quoted by De Marchi, _La Religione, etc._, i. p. 133, note. [396] See, _e.g._, ch. 141 _ad fin._ The prayer in the Acta of the Ludi Saeculares to the Moirae is an imitation of old prayers. See below, p. 442. [397] _ib._ ch. 139. [398] _ib._ ch. 141. [399] Hubert et Mauss, _Melanges d'histoire des religions_, p. 74. [400] So Cato, _R.R._ 141, "si minus in omnes litabit, sic verba concipito; Mars pater, quod tibi illuc porco neque satisfactum est, te hoc porco piaculo." (The word for the slaughter is here euphemistically omitted; De Marchi, p. 134.) [401] Hubert et Mauss, _op. cit._ p. 55 foll.; Leviticus vi. I doubt whether the theory of the learned authors will hold good generally on this point. [402] Marquardt, p. 185, asserted the contrary, but cited no evidence except Serv. _Aen._ vi. 253, which does not prove the practice of the holocaust to be really Roman. Wissowa's exactness is well illustrated in his detection of this error; see _R. K._ p. 352, note 6. Henzen, _Acta Fratr. Arv._ p. 135, leaves no doubt on the question possible. [403] Henzen, _Acta Fratr. Arv._ p. 131. See above, p. 35. Festus, p. 218. [404] Gellius iv. 6. 7. [405] _i.e._ lustratio. That this was a form of piaculum is clear from the use of the word _pihaklu_ of the victim in the lustratio of the arx of Iguvium, _e.g._ Buecheler, _Umbrica_, index, 5, v. LECTURE IX RITUAL--_continued_