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The dissemination of divination in roman republican times

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some<strong>times</strong> performed by an assistant, noth<strong>in</strong>g <strong>in</strong>dicates that he was thought <strong>of</strong> as the one<br />

responsible for it.<br />

Indirect prestige It is rarely mentioned exactly who is understood as responsible for the<br />

signs. Some<strong>times</strong> it is conceptualized as the gods <strong>in</strong> general (Liv.5.52.2), but when more<br />

precisely specified, it is Jupiter. <strong>The</strong> birds were seen as messengers <strong>of</strong> Jupiter (Cic.Div.2.72).<br />

Jupiter is seen as giv<strong>in</strong>g his advice on state matters through the auspices (Cic.Leg.3.43).<br />

Jupiter is the highest god <strong>in</strong> the Roman pantheon, which can be seen by his epithets: optimus<br />

maximus (highest greatest). We can therefore conclude that the <strong>in</strong>direct prestige was very<br />

high.<br />

Utility and Credibility value <strong>The</strong> auspicium always expressed either approval or rejection<br />

<strong>of</strong> an <strong>in</strong>tended action 128 (Cic.Div.2.78). It was never someth<strong>in</strong>g <strong>in</strong> between or a suggestion to<br />

do otherwise or anyth<strong>in</strong>g at all.<br />

<strong>The</strong> auspicium ex caelo was used:<br />

1) when magistrates were to assume their magistracies. Technically this is after they were<br />

creati (Valeton 1890: 219-221).<br />

2) when a magistrate is leav<strong>in</strong>g Rome for a war or a prov<strong>in</strong>ce (Liv.22.1.7, Fest.276 L)<br />

<strong>The</strong> auspicium ex avibus is used:<br />

1) when a dictator is appo<strong>in</strong>ted (Liv.9.38.14) and his magister equitus (Cic.Leg.3.39)<br />

2) when an assembly (comitium) was held <strong>in</strong> which laws or elections were to take place<br />

(Liv.5.52.15, V.Max.1.1.3, Gel.13.15.4) (cf. Valeton 1890: 234f)<br />

3) when hold<strong>in</strong>g non-plebeian comitia (Wissowa 1896: 2585)<br />

What is known about the auspices <strong>of</strong> the censor is that they were taken to approve <strong>of</strong> an<br />

<strong>in</strong>dictment <strong>of</strong> a capital <strong>of</strong>fence (Var.L.6.9) and also when a census should be conducted<br />

(Var.L.6.86). 129 <strong>The</strong>y didn't overlap with the auspices <strong>of</strong> the consul and praetor (Gel.13.15.4).<br />

<strong>The</strong> auspices <strong>of</strong> the m<strong>in</strong>or magistrates applied only to the hold<strong>in</strong>g <strong>of</strong> a contio, which was a<br />

gather<strong>in</strong>g like the comitia, but without vot<strong>in</strong>g on any measures. <strong>The</strong>y were simply addresses<br />

to the people (Gel.13.16.3) (cf. Michels 1978: 47).<br />

128 A precise formulation by Servius has it that "auspicium autem est volatus avium, qui <strong>in</strong>dicat agendum vel<br />

omittendum esse quod quis coeperit" (Serv.A.3.375): “auspicium is the flight <strong>of</strong> birds, which <strong>in</strong>dicates<br />

whether what someone is start<strong>in</strong>g should be done or not” (my translation)<br />

129 See further (Valeton 1890: 220).<br />

152

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