[84] _Lectures on the Early History of the Kingship_, p. 89 foll. For an example not mentioned in the text (_devotio_) see below, p. 206 foll. This may have been originally practised by the Latin kings. I may here draw attention to the almost dogmatic conclusions of the modern French sociological school of research; _e.g._ M. Huvelin, in _L'Annee sociologique_ for 1907, begins by asserting as a fundamental law, proved by MM. Hubert et Mauss, that magic is just as much a social fact as religion: "Les uns et les autres sont des produits de l'activite collective" (_Magie et droit individuel_, p. 1). But M. Huvelin's paper is to some extent a modification of this dogma. He seeks to explain the fact that magic is both secret and private, not public and social, in historical times; and in the domain of law, with which he is specially concerned, he concludes that "a magical rite is only a religious rite twisted from its proper social end, and employed to realise the will or belief of an individual" (p. 46). This is the only form in which we shall find magic at Rome, except in so far as a few of its forms survive in the ritual of religion with their meaning changed. In early Roman law, as a quasi-religious body of rules and practices, there are a few magical survivals which will be found mentioned by M. Huvelin in this article; but they are of no importance for our present subject. [85] _Primitive Culture_, vol. i. ch. iv. See also Jevons, _Introduction_, p. 36 foll. [86] See Schuerer, _Jewish People in the Time of Christ_ (Eng. trans.), Division II. vol. iii. p. 151 foll. [87] Fowler, _R.F._ p. 232; Wissowa, _R.K._ p. 106. The most careful examination of the rite and the evidence for it is that of Aust in _Mythological Lexicon_, _s.v._ "Iuppiter," p. 656 foll. See also M.H. Morgan in vol. xxxii. of _Transactions of the American Philological Association_, p. 104. [88] Tertullian, _de Jejun_. 16. Petronius, _Sat._ 44, adds that the matrons went in the procession with bare feet and streaming hair (cp. Pliny xvii. 266); but this seems rather Greek than Roman in character, and Petronius is plainly thinking of the town (_colonia_ he calls it) in southern Italy where the scene of Trimalchio's supper is laid; probably a Greek city by origin, Croton or Cumae. A translation of this passage will be found in Dill's _Roman Society from Nero to Marcus Aurelius_, p. 133. The most useful words in it for our purpose are "Jovem aquam exorabant." [89] This suggestion was originally made by O. Gilbert, _Roem. Topographie_, ii. 184. [90] p. 204 foll. [91] p. 657. The story is mixed up with Greek fables, _e.g._ that of Proteus, as Wissowa has pointed out, _R.K._ p. 106, note 10.