Note 84 — ROMAN PEOPLE (continued 2)

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'Année 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'activité 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.