decision-making had become by the Flavian era highly restricted (Humbert 1978).
What of religion in this scheme?
Unfortunately, the composite text of the Flavian charter commences with the nine-
teenth chapter, and it is overwhelmingly likely that public rites and priesthoods were
treated in the missing chapters (Galsterer 1988: 79). But the actions of magistrates
in the Roman world almost always had a religious component, and much can be
reconstructed from extant clauses on public finances, games, and judicial business
about the nature and form of public religion under the charter. I single out three
conclusions of particular importance.
First, allowance is made for the continuance of cult from the community’s life
before it became a colony. This is revealed by a chapter on the arrangement of spec-
tators at public spectacles:
<LXXXI> Rubric. Concerning seating at games.
People should watch the games given in this municipality in the same seats in which
their class sat at spectacles before this charter, so long as it is in accordance with a decree
of the decurions or conscripti, and so long as it is in accordance with past and future
plebiscites, senatus consulta, edicts and decrees of the divine Augustus, Tiberius Julius
Caesar Augustus, Tiberius Claudius Caesar Augustus, Imperator Galba Caesar
Augustus, Imperator Vespasian Caesar Augustus, Imperator Titus Cesar Augustus, and
Imperator Domitian Caesar Augustus. (Lex Flavia municipalisch. 81)The chapter clearly envisions a continuity of practice before and after the change
in status. Admittedly, no specific provisions are here made regarding the identity of
the gods honored at the spectacles, nor has any constraint regarding the mainten-
ance of pre-Roman cults been preserved. But in light of the power granted even to
colonies to control their pantheon and calendar through majority decision of their
council, and in light of Festus’ claims regarding so-called “municipal rites,” it seems
prudent to grant that power to the Flavian municipalities.
Second, the councils of Flavian municipalities appear to have had control of their
calendar and, as a consequence, of their pantheon, analogous to that granted to colonies,
as illustrated in the Caesarean charter of Urso. For in the clauses regulating the con-
duct of legal affairs, judicial business is explicitly prohibited
on those days which it is or will be appropriate to have and regard as festal and holy
for the sake of honoring the imperial house, or on those days on which games are given
in the municipality in accordance with a decree of the decurions or conscripti, or on
those days on which a meal or distribution of meat is given to the townsmen or dinner
is given at municipal expense to the decurions or conscripti, or on those days in
which assemblies are held in the municipium, or on those days on which in accordance
with this law, public business is postponed for the sake of the harvest or vintage....
(Lex Flavia municipalis92)Again, the clause regarding the establishment of games by the council of the muni-
cipality seems to rely upon an earlier clause that, on the analogy of the charter of
Exporting Roman Religion 439