Closely allied to this new state-philosophy - or, strictly speaking, its other side - was the new state-religion; the essential characteristic of which was the conscious retention, for reasons of outward convenience, of the principles of the popular faith, which were recognized as irrational. One of the most prominent men of the Scipionic circle, the Greek Polybius, candidly declares that the strange and ponderous ceremonial of Roman religion was invented solely on account of the multitude, which, as reason had no power over it, required to be ruled by signs and wonders, while people of intelligence had certainly no need of religion. Beyond doubt the Roman friends of Polybius substantially shared these sentiments, although they did not oppose science and religion to each other in so gross and downright a fashion. Neither Laelius nor Scipio Aemilianus can have looked on the augural discipline, which Polybius has primarily in view, as anything else than a political institution; yet the national spirit in them was too strong and their sense of decorum too delicate to have permitted their coming forward in public with such hazardous explanations. But even in the following generation the pontifex maximus Quintus Scaevola (consul in 659[10]) set forth at least in his oral instructions in law without hesitation the propositions, that there were two sorts of religion - one philosophic, adapted to the intellect, and one traditional, not so adapted; that the former was not fitted for the religion of the state, as it contained various things which it was useless or even injurious for the people to know; and that accordingly the traditional religion of the state ought to remain as it stood. The theology of Varro, in which the Roman religion is treated throughout as a state institution, is merely a further development of the same principle. The state, according to his teaching, was older than the gods of the state as the painter is older than the picture; if the question related to making the gods anew, it would certainly be well to make and to name them after a manner more befitting and more in theoretic accordance with the parts of the world-soul, and to lay aside the images of the gods which only excited erroneous ideas[11], and the mistaken system of sacrifice; but, since these institutions had been once established, every good citizen ought to own and follow them and do his part, that the "common man" might learn rather to set a higher value on, than to contemn, the gods. That the common man, for whose benefit the grandees thus surrendered their judgment, now despised this faith and sought his remedy elsewhere, was a matter of course and will be seen in the sequel. Thus then the Roman "high church" was ready, a sanctimonious body of priests and Levites, and an unbelieving people. The more openly the religion of the land was declared a political institution, the more decidedly the political parties regarded the field of the state-church as an arena for attack and defence; which was especially, in a daily-increasing measure, the case with augural science and with the elections to the priestly colleges. The old and natural practice of dismissing the burgess-assembly, when a thunderstorm came on, had in the hands of the Roman augurs grown into a prolix system of various celestial omens and rules of conduct associated therewith; in the earlier portion of this period it was even directly enacted by the Aelian and Fufian law, that every popular assembly should be compelled to disperse if it should occur to any of the higher magistrates to look for signs of a thunderstorm in the sky; and the Roman oligarchy was proud of the cunning device which enabled them thenceforth by a single pious fraud to impress the stamp of invalidity on any decree of the people.

Conversely, the Roman opposition rebelled against the ancient practice under which the four principal colleges of priests filled up their own ranks when vacancies arose, and demanded the extension of popular election to the stalls themselves, as it had been previously introduced with reference to the presidents, of these colleges[12]. This was certainly inconsistent with the spirit of these corporations; but they had no right to complain of it, after they had become themselves untrue to their spirit, and had played into the hands of the government at its request by furnishing religious pretexts for the annulling of political proceedings. This affair became an apple of contention between the parties: the senate beat off the first attack in 609, on which occasion the Scipionic circle especially turned the scale for the rejection of the proposal; on the other hand the project passed in 650 with the proviso already made in reference to the election of the presidents for the benefit of scrupulous consciences, that not the whole burgesses but only the lesser half of the tribes should make the election[13]; finally Sulla restored the right of co-optation in its full extent[14].

With this care on the part of the conservatives for the pure national religion, it was of course quite compatible that the circles of the highest rank should openly make a jest of it. The practical side of the Roman priesthood was the priestly cuisine; the augural and pontifical banquets were as it were the official gala-days in the life of a Roman epicure, and several of them formed epochs in the history of gastronomy: the banquet on the accession of the augur Quintus Hortensius for instance brought roast peacocks into vogue. Religion was also found very useful in giving greater zest to scandal. It was a favourite recreation of the youth of quality to disfigure or mutilate the images of the gods in the streets by night[15]. Ordinary love affairs had for long been common, and intrigues with married women began to become so; but an amour with a Vestal virgin was as piquant as the intrigues with nuns and the cloister-adventures in the world of the Decamerone. The scandalous affair of 640 seq. is well known, in which three Vestals, daughters of the noblest families, and their paramours, young men likewise of the best houses, were brought to trial for unchastity first before the pontifical college, and then, when it sought to hush up the matter, before an extraordinary court instituted by special decree of the people, and were all condemned to death. Such scandals, it is true, sedate people could not approve; but there was no objection to men finding positive religion to be a folly in their familiar circle; the augurs might, when one saw another performing his functions, smile in each other's face without detriment to their religious duties. We learn to look favourably on the modest hypocrisy of kindred tendencies, when we compare with it the coarse shamelessness of the Roman priests and Levites. The official religion was quite candidly treated as a hollow framework, now serviceable only for political machinists; in this respect with its numerous recesses and trapdoors it might and did serve either party, as it happened. Most of all certainly the oligarchy recognized its palladium in the state-religion, and particularly in the augural discipline; but the opposite party also made no resistance in point of principle to an institute, which had now merely a semblance of life; they rather regarded it, on the whole, as a bulwark which might pass from the possession of the enemy into their own.