The dissemination of divination in roman republican times

Technique If, after having taken the auspices, a magistrate came to a stream, he had to lean
out over the water and take some up with his hands, and then, while reciting prayers, let the
water pour out through his hands (Serv.A.9.24, Fest.p.245). It is maybe from the number of
drops that the sign was taken (Valeton 1890: 211). The technique seems focused on water as
the medium conveying the sign.
Ritualization This kind of auspices is known because it is central in a case from 163 BCE
where the newly elected consuls had to abdicate, because the auspicia peremne were not
taken. The consul Tiberius Gracchus, who was presiding over the elections, had taken the
auspices in Scipio's gardens, which were located in the Campus Martius outside the
pomerium of Rome (Platner & Ashby 1929: 273). He then returned to Rome to be at the
electoral assembly (Cic.Div.1.33). After the crier had announced the result he died. Tiberius
suspected that there might be some religious fault in the proceedings and made an
investigation. Tiberius was also an augur. He therefore consulted the ancient books of the
augurs himself and remembered that after he had taken the auspices, he had crossed the small
stream Petronia which flowed across the Campus Martius into the Tiber (Fest.296 L) (cf.
Platner & Ashby 1929: 389). He had forgotten to take the auspicium peremne, which should
be taken when crossing a river. 136 The matter was referred to the senate and the consuls were
asked to abdicate (Cic.N.D.2.10-11). This was however because of vitium, that is a ritual
fault, not because of a pronunciation of the divination technique.
In principle, everybody who crossed a river after having taken the auspices had to take the
auspicium peremne. Since it was used both in private and public (Valeton 1890: 210), the
social status varied. It is not possible to say anything about the associated counterintuitive
agent. And the evidence for assessing the credibility value is inconclusive since we don’t
have anything about the decisions made on the basis of it. Probably it worked like extispicy,
where the purpose was to achieve litatio. In that case a bad result would merely necessitate
an extra try. This could point to the credibility value being very low.
136 Cicero writes that it is because he crossed the pomerium (Cic.N.D.2.10-11). This is not accurate. The
pomerium was, however, situated at the same place as the Petronia stream at the side of the Campus Martius
(cf. Valeton 1890: 209).
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