In the last lecture we found that the magical element in the Roman ritual is exaggerated by recent writers. But it has also long been the practice to describe that ritual as a system of bargaining with the gods: as partaking of the nature of a legal contract. "The old Roman worship was businesslike and utilitarian. The gods were partners in a contract with their worshippers, and the ritual was characterised by the hard formalism of the legal system of Rome. The worshipper performed his part to the letter with the scrupulous exactness required in pleadings before the praetor."[406] This is an excellent statement of a view very generally held, especially since Mommsen, whose training in Roman law made him apt to dwell on the legal aspects of Roman life, wrote the famous chapter in the first volume of his history. I now wish to examine this view briefly. No doubt it was suggested by the necessary familiarity of the Roman historian with _vota publica_, the vows so frequently made on behalf of the State by its magistrates, in terms supplied by the pontifices, and dictated by them to the magistrate undertaking the duty. Some few of these formulae have survived, and it may certainly be said of them that they are analogous to legal formulae, and express the quasi-contractual nature of the process. Such legalised religious contracts seem to be peculiar to Rome; they are curiously characteristic of the Roman genius for formularisation, which in course of time had most important effects in the domain of civil law. But the vow as such is, of course, by no means peculiar to Rome; it is familiar in Greek history, and is found in an elementary form among savages at the present day.[407] But at Rome both in public and private life it is far more frequent and striking than elsewhere. This is a phenomenon that calls for careful study; and we must beware that we are not misled by quasi-legal developments into missing the real significance of it from the point of view of morality and religion.