[102] See R.F. p. 320, notes 6 and 7.
[103] Within the last thirty years or so the Lupercalia has been discussed (apart from writers on classical subjects exclusively) by Mannhardt in his Mythologische Studien, p. 72 foll.; Robertson Smith, Semites, p. 459; Deubner in Archiv, 1910, p. 481 foll.; and at the moment of writing by E. S. Hartland, Primitive Paternity, i. ch. ii. R.F. p. 310 foll. See Appendix D.
[104] This view was originally stated in Pauly-Wissowa, s.v. "Argei." I endeavoured to confute it in the Classical Review, 1902, p. 115 foll., and Wissowa replied in Gesammelte Abhandlungen, p. 211 foll. Since then my conviction has become stronger that this great scholar is for once wrong. Ennius alluded to the Argei as an institution of Numa, i.e. as primitive (frag. 121, Vahlen, from Festus p. 355, and Varro, L.L. vii. 44), yet Ennius was a youth at the very time when Wissowa insists that the rite originated. Wissowa makes no attempt to explain this. See below, p. [321] foll.
[105] R.F. p. 111 foll.
[106] e.g. the October horse, which also occurred on the Ides; see R.F. p. 241 foll.; and the festival of Anna Perenna, also on Ides (March 15), R.F. p. 50 foll. It is just possible that all the three festivals were originally in the old calendar, and dropped out because the mark of the Ides had to be affixed to the day in the first place. See Wissowa, Gesammelte Abhandlungen, p. 164 foll.; R.F. p. 241.
[107] Thus Messrs. Hubert et Mauss (Mélanges d'histoire des religions, Preface, p. xxiv.) maintain that there is no real antinomy between "les faits du système magique et les faits du système religieux." There is in every rite, they insist, a magical as well as a religious element. Yet on the same page we find that they exclude magic from all organised cult, because it is not obligatory, and cannot (if I understand them rightly) be laid down in a code, like religious practice. I think it would have been simpler to consider the magical element in religious rites as surviving, with its original meaning lost, from an earlier stage of thought. M. van Gennep, in his interesting work Les Rites de passage, p. 17, goes so far as to call all religious ceremonies magical, as distinguished from the theories (e.g. animism) which constitute religion. This seems to me apt to bring confusion into the discussion; for all rites are the outward expression of thought, and it is by the thought (or, as he calls it, theories) that we must trace the sociological development of mankind, the rites being used as indexes only. I cannot but think that (as indeed in these days is quite natural) this French school lays too much stress upon the outward acts, and that this tendency has led them to find real living magic where it is present only in a fossil state.
[108] e.g. Tylor, article "Magic" in Encycl. Brit., and Primitive Culture, 1. ch. iv.; Marett, Threshold of Religion, 83. See below, p. [180].
[109] Pliny, N.H. xxviii. 17 and 18. For the singing or murmuring of spells in many countries, see Jevons, Anthropology and the Classics, p. 93 foll.
[110] Bruns, Fontes Iuris Romani, note on this passage.
[111] Civ. Dei, viii. 19.