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[p. 97] he said with a laugh: “I am ready to swear by Jupiter and the stone, 1 which is considered the most sacred of oaths, that Virgil never wrote that, but I believe that Hyginus is right. For Virgil was not the first to coin that word arbitrarily, but he found it in the poems of Lucretius and made use of it, not disdaining to follow the authority of a poet who excelled in talent and power of expression.” The passage, from the fourth book of Lucretius, reads as follows: 2
dilutaque contra
Cum tuimur misceri absinthia, tangit amaror. 3
And in fact we see that Virgil imitated, not only single words of Lucretius, but often almost whole lines and passages.


XXII

[22arg] Whether it is correct Latin for counsel for the defence to say superesse se, “that he is appearing for” those whom he is defending; and the proper meaning of superesse.


AN incorrect and improper meaning of a word has been established by long usage, in that we use the expression hic illi superest when we wish to say that anyone appears as another's advocate and pleads his cause. And this is not merely the language of the streets and of the common people, but is used in the forum, the comitium and the courts. Those, however, who have spoken language undefiled have

1 This much discussed oath is best taken as equivalent to per lovem et lapidem; see Fowler, Roman Festivals, p. 231; Nettleship, Essays, p. 35, and others. The locus classicus on the process is Polybius, iii. 25; of. Plutarch, Sulla, 10.

2 iv. 221 f.

3 When we look on at the mixing of a decoction of wormwood in our presence, its bitterness affects us.

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