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sed the question in the senate of the revival of the haruspices and their art--such part of it, at least, as might seem worth preserving--"ne vetustissima Italiae disciplina per desidium exolesceret."[651] And strange to say, though in fact no part of this ancient Italian discipline was in the least worth preserving, it survived in outward form into the fourth century of the empire.[652] We read with astonishment in the code of the Christian emperor Theodosius, that if the imperial palace or other public buildings are struck by lightning the haruspices are to be consulted, according to ancient custom, as to the meaning of the portent.[653] Thirteen years after the death of Theodosius, in 408, Etruscan experts offered their services to Pompeianus, prefect of Rome, to save the city from the Goths. Pompeianus was tempted, but consulted Innocent, the Bishop of Rome, who "did not see fit to oppose his own opinion to the wishes of the people at such a crisis, but stipulated that the magic rites should be performed secretly." What followed is uncertain. "The Christian historian says that the rites were performed, but were unavailing; the pagan Zosimus affirms that the aid of the Tuscans was declined."[654] So hard died the futile arts of the most unfruitful of all Italian races. NOTES TO LECTURE XIII [594] Stanley's _Jewish Church_ (ed. 1906), vol. i. p. 398 foll. [595] _Hist. de divination dans l'antiquite_, vol. i. p. 7 foll.; divination is "contemplative," magic "active." But this learned author did not deal with divination except as it existed in Greece and Italy; and in view of our present extended knowledge this differentia is not instructive. [596] See Tylor's article in the last edition of the _Encyclopaedia Britannica_, and his _Gifford Lectures_, Pt. ii. ch. iv.; Haddon, _Magic and Fetishism_, p. 40. Bouche-Leclercq, _Hist. de divination dans l'antiquite_, vol. i. p. 7, distinguishes divination from magic; but his knowledge of the subject was limited to civilised races. [597] Mr. Marett seems doubtful about it: see his _Threshold of Religion_, pp. 42 and 83. In the latter passage he says that it may or may not be treated as a branch of magic, and may be "originally due to some dim sort of theorising about causes, the theory engendering the practice rather than the practice the theory." I should doubt whether, w
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