[266] Boeckh, in his instructive volume, Urkunden über das Attische See-Wesen (vii, p. 84, seq.), gives, from inscriptions, a long list of the names of Athenian triremes, between B.C. 356 and 322. All the names are feminine: some curious. We have a long list also of the Athenian ship-builders; since the name of the builder is commonly stated in the inscription along with that of the ship: Ἐυχáρις, Ἀλεξιμάου ἔργον; Σειρὴν, Ἀριστοκράτους ἔργον; Ἐλευθερία, Ἀρχενέω ἔργον; Ἐπίδειξις, Λυσιστράτου ἔργον; Δημοκρατία, Χαιρεστράτου ἔργον, etc.

[267] Xenoph. Hellen. i, 7, 4. Ὅτι μὲν γὰρ οὐδενὸς ἄλλου καθήπτοντο (οἱ στρατηγοὶ) ἐπιστολὴν ἐπεδείκνυε (Theramenês) μαρτύριον· ἣν ἔπεμψαν οἱ στρατηγοὶ εἰς τὴν βουλὴν καὶ εἰς τὸν δῆμον, ἄλλο οὐδὲν αἰτιώμενοι ἢ τὸν χειμῶνα.

[268] Xenoph. Hellen. i, 7, 1; Diodor. xiii, 101: ἐπὶ μὲν τῇ νίκῃ τοὺς στρατηγοὺς ἐπῄνουν, ἐπὶ δὲ τῷ περιϊδεῖν ἀτάφους τοὺς ὑπὲρ τῆς ἡγεμονίας τετελευτηκότας χαλεπῶς διετέθησαν.

I have before remarked that Diodorus makes the mistake of talking about nothing but dead bodies, in place of the living ναυαγοὶ spoken of by Xenophon.

[269] Lysias, Orat. xxi (Ἀπολογία Δωροδοκίας), sect. vii.

[270] Xenoph. Hellen. i, 7, 2. Archedêmus is described as τῆς Δεκελείας ἐπιμελούμενος. What is meant by these words, none of the commentators can explain in a satisfactory manner. The text must be corrupt. Some conjecture like that of Dobree seems plausible; some word like τῆς δεκάτης or τῆς δεκατεύσεως, having reference to the levying of the tithe in the Hellespont; which would furnish reasonable ground for the proceeding of Archedêmus against Erasinidês.

The office held by Archedêmus, whatever it was, must have been sufficiently exalted to confer upon him the power of imposing the fine of limited amount called ἐπιβολή.

I hesitate to identify this Archedêmus with the person of that name mentioned in the Memorabilia of Xenophon, ii, 9. There seems no similarity at all in the points of character noticed.

The popular orator Archedêmus was derided by Eupolis and Aristophanês as having sore eyes, and as having got his citizenship without a proper title to it (see Aristophan. Ran. 419-588, with the Scholia). He is also charged, in a line of an oration of Lysias, with having embezzled the public money (Lysias cont. Alkibiad. sect. 25, Orat. xiv).

[271] Xenoph. Hellen. i, 7, 3. Τιμοκράτους δ᾽ εἰπόντος, ὅτι καὶ τοὺς ἄλλους χρὴ δεθέντας ἐς τὸν δῆμον παραδοθῆναι, ἡ βουλὴ ἔδησε.

[272] Xenoph. Hellen. i, 7, 4.

[273] Xenoph. Hellen. i, 7, 4. Μετὰ δὲ ταῦτα, ἐκκλησία ἐγένετο, ἐν ᾗ τῶν στρατηγῶν κατηγόρουν ἄλλοι τε καὶ Θηραμένης μάλιστα, δικαίους εἶναι λέγων λόγον ὑποσχεῖν, διότι οὐκ ἀνείλοντο τοὺς ναυαγούς. Ὅτι μὲν γὰρ οὐδενὸς ἄλλου καθήπτοντο, ἐπιστολὴν ἐπεδείκνυε μαρτύριον· καὶ ἔπεμψαν οἱ στρατηγοὶ ἐς τὴν βουλὴν καὶ ἐς τὸν δῆμον, ἄλλο οὐδὲν αἰτιώμενοι ἢ τὸν χειμῶνα.

[274] That Thrasybulus concurred with Theramenês in accusing the generals, is intimated in the reply which Xenophon represents the generals to have made (i, 7, 6): Καὶ οὐχ, ὅτι γε κατηγοροῦσιν ἡμῶν, ἔφασαν, ψευσόμεθα φάσκοντες αὐτοὺς αἰτίους εἶναι, ἀλλὰ τὸ μέγεθος τοῦ χειμῶνος εἶναι τὸ κωλῦσαν τὴν ἀναίρεσιν.

The plural κατηγοροῦσιν shows that Thrasybulus as well as Theramenês stood forward to accuse the generals, though the latter was the most prominent and violent.

[275] Xenoph. Hellen. i, 7, 17. Euryptolemus says: Κατηγορῶ μὲν οὖν αὐτῶν ὅτι ἔπεισαν τοὺς ξυνάρχοντας, βουλομένους πέμπειν γράμματα τῇ τε βουλῇ καὶ ὑμῖν ὅτι ἐπέταξαν τῷ Θηραμένει καὶ Θρασυβούλῳ τετταράκοντα καὶ ἑπτὰ τριήρεσιν ἀνελέσθαι τοὺς ναυαγοὺς, οἱ δὲ οὐκ ἀνείλοντο. Εἶτα νῦν τὴν αἰτίαν κοινὴν ἔχουσιν, ἐκείνων ἰδίᾳ ἁμαρτόντων· καὶ ἀντὶ τῆς τότε φιλανθρωπίας, νῦν ὑπ᾽ ἐκείνων τε καὶ τινων ἄλλων ἐπιβουλευόμενοι κινδυνεύουσιν ἀπολέσθαι.

We must here construe ἔπεισαν as equivalent to ἀνέπεισαν or μετέπεισαν placing a comma after ξυνάρχοντας. This is unusual, but not inadmissible. To persuade a man to alter his opinion or his conduct, might be expressed by πείθειν, though it would more properly be expressed by ἀναπείθειν; see ἐπείσθη, Thucyd. iii, 32.

[276] Diodor. xiii, 100, 101.

[277] Xenoph. Hellen. ii, 3, 35. If Theramenês really did say, in the actual discussions at Athens on the conduct of the generals, that which he here asserts himself to have said, namely, that the violence of the storm rendered it impossible for any one to put to sea, his accusation against the generals must have been grounded upon alleging that they might have performed the duty at an earlier moment; before they came back from the battle; before the storm arose; before they gave the order to him. But I think it most probable that he misrepresented at the later period what he had said at the earlier, and that he did not, during the actual discussions, admit the sufficiency of the storm as fact and justification.

[278] The total number of ships lost with all their crews was twenty-five, of which the aggregate crews, speaking in round numbers, would be five thousand men. Now we may fairly calculate that each one of the disabled ships would have on board half her crew, or one hundred men, after the action; not more than half would have been slain or drowned in the combat. Even ten disabled ships would thus contain one thousand living men, wounded and unwounded. It will be seen, therefore, that I have understated the number of lives in danger.

[279] Xenoph. Hellen. i, 6, 33.

[280] We read in Thucydidês (vii, 73) how impossible it was to prevail on the Syracusans to make any military movement after their last maritime victory in the Great Harbor, when they were full of triumph, felicitation, and enjoyment.

They had visited the wrecks and picked up both the living men on board and the floating bodies before they went ashore. It is remarkable that the Athenians on that occasion were so completely overpowered by the immensity of their disaster, that they never even thought of asking permission, always granted by the victors when asked, to pick up their dead or visit their wrecks (viii, 72).

[281] Xenoph. Hellen. ii, 3, 32. The light in which I here place the conduct of Theramenês is not only coincident with Diodorus, but with the representations of Kritias, the violent enemy of Theramenês under the government of the Thirty, just before he was going to put Theramenês to death: Οὗτος δέ τοι ἐστὶν, ὃς ταχθεὶς ἀνελέσθαι ὑπὸ τῶν στρατηγῶν τοὺς καταδύντας Ἀθηναίων ἐν τῇ περὶ Λέσβον ναυμαχίᾳ, αὐτὸς οὐκ ἀνελόμενος ὅμως τῶν στρατηγῶν κατηγορῶν ἀπέκτεινεν αὐτοὺς, ἵνα αὐτὸς περισωθείη. (Xen. ut sup.)

Here it stands admitted that the first impression at Athens was, as Diodorus states expressly, that Theramenês was ordered to pick up the men on the wrecks, might have done it if he had taken proper pains, and was to blame for not doing it. Now how did this impression arise? Of course, through communications received from the armament itself. And when Theramenês, in his reply, says that the generals themselves made communications in the same tenor, there is no reason why we should not believe him, in spite of their joint official despatch, wherein they made no mention of him, and in spite of their speech in the public assembly afterwards, where the previous official letter fettered them, and prevented them from accusing him, forcing them to adhere to the statement first made, of the all-sufficiency of the storm.

The main facts which we here find established, even by the enemies of Theramenês, are: 1. That Theramenês accused the generals because he found himself in danger of being punished for the neglect. 2. That his enemies, who charged him with the breach of duty, did not admit the storm as an excuse for him.

[282] Strabo, xiii, p. 617.

[283] Xenoph. Hellen. i, 6, 37. Ἐτεόνικος δὲ, ἐπειδὴ ἐκεῖνοι (the signal-boat, with news of the pretended victory) κατέπλεον, ἔθυε τὰ εὐαγγέλια, καὶ τοῖς στρατιώταις παρήγγειλε δειπνοποιεῖσθαι, καὶ τοῖς ἐμπόροις, τὰ χρήματα σιωπῇ ἐνθεμένους ἐς τὰ πλοῖα ἀποπλεῖν ἐς Χίον, ἦν δὲ τὸ πνεῦμα οὔριον, καὶ τὰς τριήρεις τὴν ταχίστην. Αὐτὸς δὲ τὸ πεζὸν ἀπῆγεν ἐς τὴν Μήθυμνην, τὸ στρατόπεδον ἐμπρήσας. Κόνων δὲ καθελκύσας τὰς ναῦς, ἐπεὶ οἵ τε πολέμιοι ἀπεδεδράκεσαν, καὶ ὁ ἄνεμος εὐδιαίτερος ἦν, ἀπαντήσας τοῖς Ἀθηναίοις ἤδη ἀνηγμένοις ἐκ τῶν Ἀργινουσῶν, ἔφρασε τὰ περὶ τοῦ Ἐτεονίκου.

One sees, by the expression used by Xenophon respecting the proceedings of Konon, that he went out of the harbor “as soon as the wind became calmer;” that it blew a strong wind, though in a direction favorable to carry the fleet of Eteonikus to Chios. Konon was under no particular motive to go out immediately: he could afford to wait until the wind became quite calm. The important fact is, that wind and weather were perfectly compatible with, indeed even favorable to, the escape of the Peloponnesian fleet from Mitylênê to Chios.

[284] Xenoph. Hellen. i, 7, 5-7. Μετὰ δὲ ταῦτα οἱ στρατηγοὶ βραχέα ἕκαστος ἀπελογήσατο, οὐ γὰρ προὐτέθη σφίσι λόγος κατὰ τὸν νόμον....

Τοιαῦτα λέγοντες ἔπειθον τὸν δῆμον. The imperfect tense ἔπειθον must be noticed: “they were persuading,” or, seemed in the way to persuade, the people; not ἔπεισαν the aorist, which would mean that they actually did satisfy the people.

The first words here cited from Xenophon, do not imply that the generals were checked or abridged in their liberty of speaking before the public assembly, but merely that no judicial trial and defence were granted to them. In judicial defence, the person accused had a measured time for defence—by the clepsydra, or water-clock—allotted to him, during which no one could interrupt him; a time doubtless much longer than any single speaker would be permitted to occupy in the public assembly.

[285] Lysias puts into one of his orations a similar expression respecting the feeling at Athens towards these generals; ἡγούμενοι χρῆναι τῇ τῶν τεθνεώτων ἀρετῇ παρ᾽ ἐκείνων δίκην λαβεῖν; Lysias cont. Eratosth. s. 37.

[286] Xenoph. Hellen. i. 7, 8. Οἱ οὖν περὶ τὸν Θηραμένην παρεσκεύασαν ἀνθρώπους μέλανα ἱμάτια ἔχοντας, καὶ ἐν χρῷ κεκαρμένους πολλοὺς ἐν ταύτῃ τῇ ἑορτῇ, ἵνα πρὸς τὴν ἐκκλησίαν ἥκοιεν, ὡς δὴ ξυγγενεῖς ὄντες τῶν ἀπολωλότων.

Here I adopt substantially the statement of Diodorus, who gives a juster and more natural description of the proceeding; representing it as a spontaneous action of mournful and vindictive feeling on the part of the kinsmen of the deceased (xiii, 101).

Other historians of Greece, Dr. Thirlwall not excepted (Hist. of Greece, ch. xxx, vol. iv, pp. 117-125), follow Xenophon on this point. They treat the intense sentiment against the generals at Athens as “popular prejudices;” “excitement produced by the artifices of Theramenês,” (Dr. Thirlwall, pp. 117-124.) “Theramenês (he says) hired a great number of persons to attend the festival, dressed in black, and with their heads shaven, as mourning for kinsmen whom they had lost in the sea-fight.”

Yet Dr. Thirlwall speaks of the narrative of Xenophon in the most unfavorable terms; and certainly in terms no worse than it deserves (see p. 116, the note): “It looks as if Xenophon had purposely involved the whole affair in obscurity.” Compare also p. 123, where his criticism is equally severe.

I have little scruple in deserting the narrative of Xenophon, of which I think as meanly as Dr. Thirlwall, so far as to supply, without contradicting any of his main allegations, an omission which I consider capital and preponderant. I accept his account of what actually passed at the festival of the Apaturia, but I deny his statement of the manœuvres of Theramenês as the producing cause.

Most of the obscurity which surrounds these proceedings at Athens arises from the fact, that no notice has been taken of the intense and spontaneous emotion which the desertion of the men on the wrecks was naturally calculated to produce on the public mind. It would, in my judgment, have been unaccountable if such an effect had not been produced, quite apart from all instigations of Theramenês. The moment that we recognize this capital fact, the series of transactions becomes comparatively perspicuous and explicable.

Dr. Thirlwall, as well as Sievers (Commentat. de Xenophontis Hellen. pp. 25-30), suppose Theramenês to have acted in concert with the oligarchical party, in making use of this incident to bring about the ruin of generals odious to them, several of whom were connected with Alkibiadês. I confess, that I see nothing to countenance this idea: but at all events, the cause here named is only secondary, not the grand and dominant fact of the period.

[287] Xenoph. Hellen. i, 7, 8, 9.

[288] Xenoph. Hellen. i. 7, 34.

[289] I cannot concur with the opinion expressed by Dr. Thirlwall in Appendix iii. vol. iv, p. 501, of his History, on the subject of the psephism of Kannônus. The view which I give in the text coincides with that of the expositors generally, from whom Dr. Thirlwall dissents.

The psephism of Kannônus was the only enactment at Athens which made it illegal to vote upon the case of two accused persons at once. This had now grown into a practice in the judicial proceedings at Athens; so that two or more prisoners, who were ostensibly tried under some other law, and not under the psephism of Kannônus, with its various provisions, would yet have the benefit of this its particular provision, namely, severance of trial.

In the particular case before us, Euryptolemus was thrown back to appeal to the psephism itself; which the senate, by a proposition unheard of at Athens, proposed to contravene. The proposition of the senate offended against the law in several different ways. It deprived the generals of trial before a sworn dikastery; it also deprived them of the liberty of full defence during a measured time: but farther, it prescribed that they should all be condemned or absolved by one and the same vote; and, in this last respect, it sinned against the psephism of Kannônus. Euryptolemus in his speech, endeavoring to persuade an exasperated assembly to reject the proposition of the senate and adopt the psephism of Kannônus as the basis of the trial, very prudently dwells upon the severe provisions of the psephism, and artfully slurs over what he principally aims at, the severance of the trials, by offering his relative Periklês to be tried first. The words δίχα ἕκαστον (sect. 37) appear to me to be naturally construed with κατὰ τὸ Καννώνου ψήφισμα, as they are by most commentators, though Dr. Thirlwall dissents from it. It is certain that this was the capital feature of illegality, among many, which the proposition of the senate presented, I mean the judging and condemning all the generals by one vote. It was upon this point that the amendment of Euryptolemus was taken, and that the obstinate resistance of Sokratês turned (Plato, Apol. 20; Xenoph. Memor. i, 1, 18).

Farther, Dr. Thirlwall, in assigning what he believes to have been the real tenor of the psephism of Kannônus, appears to me to have been misled by the Scholiast in his interpretation of the much-discussed passage of Aristophanês, Ekklezias. 1089:—

Τουτὶ τὸ πρᾶγμα κατὰ τὸ Καννώνου σαφῶς

Ψήφισμα, βινεῖν δεῖ με διαλελημμένον,

Πῶς οὖν δικωπεῖν ἀμφοτέρας δυνήσομαι;

Upon which Dr. Thirlwall observes, “that the young man is comparing his plight to that of a culprit, who, under the decree of Cannônus, was placed at the bar held by a person on each side. In this sense the Greek Scholiast, though his words are corrupted, clearly understood the passage.”

I cannot but think that the Scholiast understood the words completely wrong. The young man in Aristophanês does not compare his situation with that of the culprit, but with that of the dikastery which tried culprits. The psephism of Kannônus directed that each defendant should be tried separately: accordingly, if it happened that two defendants were presented for trial, and were both to be tried without a moment’s delay, the dikastery could only effect this object by dividing itself into two halves, or portions; which was perfectly practicable, whether often practised or not, as it was a numerous body. By doing this, κρίνειν διαλελημμένον, it could try both the defendants at once: but in no other way.

Now the young man in Aristophanês compares himself to the dikastery thus circumstanced; which comparison is signified by the pun of βινεῖν διαλελημμένον in place of κρίνειν διαλελημμένον. He is assailed by two obtrusive and importunate customers, neither of whom will wait until the other has been served. Accordingly he says: “Clearly, I ought to be divided into two parts, like a dikastery acting under the psephism of Kannônus, to deal with this matter: yet how shall I be able to serve both at once?”

This I conceive to be the proper explanation of the passage in Aristophanês; and it affords a striking confirmation of the truth of that which is generally received as purport of the psephism of Kannônus. The Scholiast appears to me to have puzzled himself, and to have misled every one else.

[290] Xenoph. Hellen. i, 7. Τὸν δὲ Καλλίξενον προσεκαλέσαντο παράνομα φάσκοντες ξυγγεγραφέναι Εὐρυπτόλεμός τε καὶ ἄλλοι τινες· τοῦ δὲ δήμου ἔνιοι ταῦτα ἐπῄνουν· τὸ δὲ πλῆθος ἐβόα δεινὸν εἶναι, εἰ μή τις ἐάσει τὸν δῆμον πράττειν, ὃ ἂν βούληται. Καὶ ἐπὶ τούτοις εἰπόντος Λυκίσκου, καὶ τούτους τῇ αὐτῇ ψήφῳ κρίνεσθαι, ᾗπερ καὶ τοὺς στρατηγοὺς, ἐὰν μὴ ἀφῶσι τὴν ἐκκλησίαν, ἐπεθορύβησε πάλιν ὁ δῆμος, καὶ ἠναγκάσθησαν ἀφιέναι τὰς κλήσεις.

All this violence is directed to the special object of getting the proposition discussed and decided on by the assembly, in spite of constitutional obstacles.

[291] Xenoph. Hellen. i, 7, 11. Παρῆλθε δέ τις ἐς τὴν ἐκκλησίαν φάσκων, ἐπὶ τεύχους ἀλφίτων σωθῆναι· ἐπιστέλλειν δ᾽ αὐτῷ τοὺς ἀπολλυμένους, ἐὰν σωθῇ, ἀπαγγεῖλαι τῷ δήμῳ, ὅτι οἱ στρατηγοὶ οὐκ ἀνείλοντο τοὺς ἀρίστους ὑπὲρ τῆς πατρίδος γενομένους.

I venture to say that there is nothing in the whole compass of ancient oratory, more full of genuine pathos and more profoundly impressive, than this simple incident and speech; though recounted in the most bald manner, by an unfriendly and contemptuous advocate.

Yet the whole effect of it is lost, because the habit is to dismiss everything which goes to inculpate the generals, and to justify the vehement emotion of the Athenian public, as if it was mere stage-trick and falsehood. Dr. Thirlwall goes even beyond Xenophon, when he says (p. 119, vol. iv): “A man was brought forward, who pretended he had been preserved by clinging to a meal-barrel, and that his comrades,” etc. So Mr. Mitford: “A man was produced,” etc. (p. 347).

Now παρῆλθε does not mean, “he was brought forward:” it is a common word employed to signify one who comes forward to speak in the public assembly (see Thucyd. iii, 44, and the participle παρελθὼν, in numerous places).

Next, φάσκων while it sometimes means pretending, sometimes also means simply affirming: Xenophon does not guarantee the matter affirmed, but neither does he pronounce it to be false. He uses φάσκων in various cases where he himself agrees with the fact affirmed (see Hellen. i, 7, 12; Memorab. i, 2, 29; Cyropæd. viii, 3, 41; Plato, Ap. Socr. c. 6, p. 21).

The people of Athens heard and fully believed this deposition; nor do I see any reason why an historian of Greece should disbelieve it. There is nothing in the assertion of this man which is at all improbable; nay, more, it is plain that several such incidents must have happened. If we take the smallest pains to expand in our imaginations the details connected with this painfully interesting crisis at Athens, we shall see that numerous stories of the same affecting character must have been in circulation; doubtless many false, but many also perfectly true.

[292] Xenoph. Hellen. i, 7, 14, 15; Plato, Apol. Socr. c. 20; Xenoph. Memor. i, 1, 18; iv, 4, 2.

In the passage of the Memorabilia, Xenophon says that Sokratês was epistatês, or presiding prytanis, for that actual day. In the Hellenica, he only reckons him as one among the prytanes. It can hardly be accounted certain that he was epistatês, the rather as this same passage of the Memorabilia is inaccurate on another point: it names nine generals as having been condemned, instead of eight.

[293] Xenoph. Hellen. i, 7, 16. Μετὰ δὲ ταῦτα, that is, after the cries and threats above recounted, ἀναβὰς Εὐρυπτόλεμος ἔλεξεν ὑπὲρ τῶν στρατηγῶν τάδε, etc.

[294] It is this accusation of “reckless hurry,” προπέτεια, which Pausanias brings against the Athenians in reference to their behavior toward the six generals (vi, 7, 2).

[295] Xenoph. Hellen. i, 7, 30. Μὴ ὑμεῖς γε, ὦ Ἀθηναῖοι, ἀλλ᾽ ἑαυτῶν ὄντας τοὺς νόμους, δι᾽ οὓς μάλιστα μέγιστοί ἐστε, φυλάττοντες, ἄνευ τούτων μηδὲν πράττειν πειρᾶσθε.

[296] Xenoph. Hellen. i, 7, 35. τούτων δὲ μάρτυρες οἱ σωθέντες ἀπὸ τοῦ αὐτομάτου, ὧν εἷς τῶν ὑμετέρων στρατηγῶν ἐπὶ καταδύσης νεὼς σωθεὶς, etc.

[297] The speech is contained in Xenoph. Hellen. i, 7, 16-36.

[298] Xenoph. Hellen. i, 7, 38. Τούτων δὲ διαχειροτονουμένων, τὸ μὲν πρῶτον ἔκριναν τὴν Εὐρυπτολέμου· ὑπομοσαμένου δὲ Μενεκλέους, καὶ πάλιν διαχειροτονίας γενομένης, ἔκριναν τὴν τῆς βουλῆς.

I cannot think that the explanations of this passage given either by Schömann (De Comitiis Athen. part ii, 1, p. 160, seq.) or by Meier and Schömann (Der Attische Prozess, b. iii, p. 295; b. iv, p. 696) are satisfactory. The idea of Schömann, that, in consequence of the unconquerable resistance of Sokratês, the voting upon this question was postponed until the next day, appears to me completely inconsistent with the account of Xenophon; and, though countenanced by a passage in the Pseudo-Platonic dialogue called Axiochus (c. 12), altogether loose and untrustworthy. It is plain to me that the question was put without Sokratês, and could be legally put by the remaining prytanes, in spite of his resistance. The word ὑπομοσία must doubtless bear a meaning somewhat different here to its technical sense before the dikastery; and different also, I think, to the other sense which Meier and Schömann ascribe to it, of a formal engagement to prefer at some future time an indictment, or γραφὴ παρανόμων. It seems to me here to denote, an objection taken on formal grounds, and sustained by oath either tendered or actually taken, to the decision of the prytanes, or presidents. These latter had to declare on which side the show of hands in the assembly preponderated: but there surely must have been some power of calling in question their decision, if they declared falsely, or if they put the question in a treacherous, perplexing, or obscure manner. The Athenian assembly did not admit of an appeal to a division, like the Spartan assembly or like the English House of Commons; though there were many cases in which the votes at Athens were taken by pebbles in an urn, and not by show of hands.

Now it seems to me that Meneklês here exercised the privilege of calling in question the decision of the prytanes, and constraining them to take the vote over again. He may have alleged that they did not make it clearly understood which of the two propositions was to be put to the vote first; that they put the proposition of Kallixenus first, without giving due notice; or perhaps that they misreported the numbers. By what followed, we see that he had good grounds for his objection.

[299] Diodor. xiii, 101. In regard to these two component elements of the majority, I doubt not that the statement of Diodorus is correct. But he represents, quite erroneously, that the generals were condemned by the vote of the assembly, and led off from the assembly to execution. The assembly only decreed that the subsequent urn-voting should take place, the result of which was necessarily uncertain beforehand. Accordingly, the speech which Diodorus represents Diomedon to have made in the assembly, after the vote of the assembly had been declared, cannot be true history: “Athenians, I wish that the vote which you have just passed may prove beneficial to the city. Do you take care to fulfil those vows to Zeus Soter, Apollo, and the Venerable Goddesses, under which we gained our victory since fortune has prevented us from fulfilling them ourselves.” It is impossible that Diomedon can have made a speech of this nature, since he was not then a condemned man; and after the condemnatory vote, no assembly was held.

[300] I translate here literally the language of Sokratês in his Defence (Plato, Apol. c. 20), παρανόμως, ὡς ἐν τῷ ὑστέρῳ χρόνῳ πᾶσιν ὑμῖν ἔδοξε.

[301] Xenoph. Hellen. i, 7, 39. This vote of the public assembly was known at Athens by the name of Probolê. The assembled people discharged on this occasion an ante-judicial function, something like that of a Grand Jury.

[302] Xenophon. Hellen. i, 7, 40. μισούμενος ὑπὸ πάντων, λίμῳ ἀπέθανεν.

[303] This is the supposition of Sievers, Forchhammer, and some other learned men; but, in my opinion, it is neither proved nor probable.

[304] If Thucydidês had lived to continue his history so far down as to include this memorable event, he would have found occasion to notice τὸ ξυγγενὲς, kinship, as being not less capable of ἀπροφάσιστος τόλμα, unscrupulous daring, than τὸ ἑταιρικόν, faction. In his reflections on the Korkyræan disturbances (iii, 82), he is led to dwell chiefly on the latter, the antipathies of faction, of narrow political brotherhood or conspiracy for the attainment and maintenance of power, as most powerful in generating evil deeds: had he described the proceedings after the battle of Arginusæ, he would have seen that the sentiment of kinship, looked at on its antipathetic or vindictive side, is pregnant with the like tendencies.

[305] Xenoph. Hellen. i, 7, 31. Ἐπειδὴ γὰρ κρατήσαντες τῇ ναυμαχίᾳ πρὸς τὴν γῆν κατέπλευσαν, Διομέδων μὲν ἐκέλευεν, ἀναχθέντας ἐπὶ κέρως ἅπαντας ἀναιρεῖσθαι τὰ ναυάγια καὶ τοὺς ναυαγοὺς, Ἐρασινίδης δὲ, ἐπὶ τοὺς ἐς Μυτιλήνην πολεμίους τὴν ταχίστην πλεῖν ἅπαντας· Θράσυλλος δ᾽ ἀμφότερα ἔφη γενέσθαι, ἂν τὰς μὲν αὐτοῦ καταλίπωσι, ταῖς δὲ ἐπὶ τοὺς πολεμίους πλέωσι· καὶ δοξάντων τούτων, etc.

I remarked, a few pages before, that the case of Erasinidês stood in some measure apart from that of the other generals. He proposed, according to this speech of Euryptolemus, that all the fleet should at once go again to Mitylênê; which would of course have left the men on the wrecks to their fate.

[306] The statement rests on the authority of Aristotle, as referred to by the Scholiast on the last verse of the Ranæ of Aristophanês. And this, so far as I know, is the only authority: for when Mr. Fynes Clinton (Fast. Hellen. ad ann. 406) says that Æschinês (De Fals. Legat. p. 38, c. 24) mentions the overtures of peace, I think that no one who looks at that passage will be inclined to found any inference upon it.

Against it, we may observe:—

1. Xenophon does not mention it. This is something, though far from being conclusive when standing alone.

2. Diodorus does not mention it.

3. The terms alleged to have been proposed by the Lacedæmonians, are exactly the same as those said to have been proposed by them after the death of Mindarus at Kyzikus, namely:—

To evacuate Dekeleia, and each party to stand as they were. Not only the terms are the same, but also the person who stood prominent in opposition is in both cases the same, Kleophon. The overtures after Arginusæ are in fact a second edition of those after the battle of Kyzikus.

Now, the supposition that on two several occasions the Lacedæmonians made propositions of peace, and that both are left unnoticed by Xenophon, appears to me highly improbable. In reference to the propositions after the battle of Kyzikus, the testimony of Diodorus outweighed, in my judgment, the silence of Xenophon; but here Diodorus is silent also.

In addition to this, the exact sameness of the two alleged events makes me think that the second is only a duplication of the first, and that the Scholiast, in citing from Aristotle, mistook the battle of Arginusæ for that of Kyzikus, which latter was by far the more decisive of the two.

[307] Xenoph. Hellen. ii, 1, 1-4.

[308] Xenoph. Hellen. ii, 1, 10-12.

[309] Diodor. xiii, 104; Plutarch, Lysand. c. 8.

[310] Xenoph. Hellen. ii, 1, 14; Plutarch, Lysand. c. 9.

[311] Lysias, Orat. xiii, cont. Agorat. sect. 13.

[312] Xenoph. Hellen. ii, 1, 15, 16.

[313] This flying visit of Lysander across the Ægean to the coasts of Attica and Ægina is not noticed by Xenophon, but it appears both in Diodorus and in Plutarch (Diodor. xiii, 104: Plutarch, Lysand. c. 9).

[314] Xenoph. Hellen. ii, 1, 18, 19; Diodor. xiii, 104; Plutarch, Lysand. c. 9.

[315] Xenoph. Hellen. ii, 1, 20, 21.

[316] Xenoph. Hellen. ii, 1, 22-24; Plutarch. Lysand. c. 10; Diodor. xiii, 105.

[317] Xenoph. Hellen. ii, 1, 25; Plutarch, Lysand. c. 10; Plutarch, Alkib. c. 36.

Diodorus (xiii, 105) and Cornelius Nepos (Alkib. c. 8) represent Alkibiadês as wishing to be readmitted to a share in the command of the fleet, and as promising, if that were granted, that he would assemble a body of Thracians, attack Lysander by land, and compel him to fight a battle or retire. Plutarch (Alkib. c. 37) alludes also to promises of this sort held out by Alkibiadês.

Yet it is not likely that Alkibiadês should have talked of anything so obviously impossible. How could he bring a Thracian land-force to attack Lysander, who was on the opposite side of the Hellespont? How could he carry a land-force across in the face of Lysander’s fleet?

The representation of Xenophon (followed in my text) is clear and intelligible.

[318] Xenoph. Hellen. ii, 1, 29; Lysias, Orat. xxi, (Ἀπολ. Δωροδ.) s. 12.

[319] Xenoph. Hellen. ii, 1, 28; Plutarch, Lysand. c. 11; Plutarch, Alkibiad. c. 36; Cornel. Nepos, Lysand. c. 8; Polyæn. i, 45, 2.

Diodorus (xiii, 106) gives a different representation of this important military operation; far less clear and trustworthy than that of Xenophon.

[320] Xenoph. Hellen. ii, 1, 28. τὰς δ᾽ ἄλλας πάσας (ναῦς) Λύσανδρος ἔλαβε πρὸς τῇ γῇ· τοὺς δὲ πλείστους ἄνδρας ἐν τῇ γῇ ξυνέλεξεν· οἱ δὲ καὶ ἔφυγον ἐς τὰ τειχύδρια.

[321] Xenoph. Hellen. ii, 1, 29; Diodor. xiii, 106: the latter is discordant, however, on many points.

[322] Xenoph. Hellen. ii, 1, 31. This story is given with variations in Plutarch, Lysand. c. 9. and by Cicero de Offic. iii, 11. It is there the right thumb which is to be cut off, and the determination is alleged to have been taken in reference to the Æginetans.

[323] Xenoph. Hellen. ii, 1, 32; Pausan. ix, 32, 6; Plutarch, Lysand. c. 13.

[324] Xenoph. Hellen. ii, 1. 32; Lysias cont. Alkib. A. s. 38; Pausan. iv, 17, 2; x, 9, 5; Isokratês ad Philipp. Or. v, sect. 70. Lysias, in his Λόγος Ἐπιτάφιος (s. 58), speaks of the treason, yet not as a matter of certainty.

Cornelius Nepos (Lysand. c. 1; Alcib. c. 8) notices only the disorder of the Athenian armament, not the corruption of the generals, as having caused the defeat. Nor does Diodorus notice the corruption (xiii, 105).

Both these authors seem to have copied from Theopompus, in describing the battle of Ægospotami. His description differs on many points from that of Xenophon (Theopomp. Fragm. 8, ed. Didot).

[325] Demosthen. de Fals. Legat. p. 401, c. 57.