Abstract

‘Lapidem silicem tenebant iuraturi per Iouem, haec uerba dicentes: Si sciens fallo, tum me Dispiter salua urbe arceque bonis eiciat ut ego hunc lapidem.’ I do not propose to add to the mass of commentary and controversy which loads this passage of Paulus Diaconus , except to remind readers that it is a comparatively modern version of a very old formula. Under Dispiter lurks some early shape of the name of Iuppiter, certainly not of the Greek importation Dis, first worshipped in Rome, apparently, in 505/249. I believe it to be older than the end of the regal period, probably much older, for it names the Arx as the important spot in Rome, not the Etruscanizing Capitol. However, this detail and my opinions concerning the oath and its takers matter little for my present purpose. It is enough if it be granted, as I think everyone will grant, that it is ‘eine alte Fetialformel’ as Fraenkel has it, at all events eine alte Formel, more ancient than the surviving literature