The prayers of evocatio and devotio: Between religious ritual and Roman law

Abstract

Abstract This paper, which is a work in progress and a continuation of previous articles that were published on the Roman concepts of evocatio and devotio, will explore a new approach: the juridical context and implications of these religious and magical rituals. After reminding briefly the traditional interpretation (religious prayers pronounced only in a context of war) and the results of our previous articles 1 (evocatio was not limited to military context, and evocatio and devotio included magical elements very similar to formulas of execration (defixiones), we will ask questions that seem to be innovative: on the one hand, “can we compare these prayers with juridical contracts?”, and on the other hand, “had these rituals juridical and political consequences?”, such as the loss of status of a person (in this case, the devotio of enemies) and the loss of status of a place/city (in the case of evocatio). Were these religious rituals a way of making possible the symbolical destruction of a territory and the transfer of a divinity's statue to Rome, and consequently a way of making possible the real destruction of this territory and justifying its conquest? To carry out this study, we will analyze different texts that mention evocatio and devotio, and we will contrast them with texts that refer to juridical concepts (such as consecratio capitis et bonorum, exsecratio, bellum iustum, and damnatio memoriae). We will also analyze the case of cities (Veii, Praeneste, Falerii Veteres, and Carthago) that probably lost their juridical and political status after a war and after religious rituals such as evocatio and devotio. It would not be the first time that religion was used for political reasons, to justify Roman imperialism.