To Herodot. vi, 86, and Aristotel. Rhetoric. i, 16, 6, which Dr. Arnold and other commentators notice in illustration of this practice, we may add the instructive exposition of the analogous practice in the procedure of Roman law, as given by Von Savigny, in his System des heutigen Römischen Rechts, sects. 309-313, vol. vii, pp. 53-83. It was an oath tendered by one litigant party to the opposite, in hopes that the latter would refuse to take it; if taken, it had the effect of a judgment in favor of the swearer. But the Roman lawyers laid down many limits and formalities, with respect to this jusjurandum delatum, which Von Savigny sets forth with his usual perspicuity.
[134] Thucyd. v, 77. Ἐπιδείξαντας δὲ τοῖς ξυμμάχοις ξυμβαλέσθαι, αἴ κα αὐτοῖς δοκῇ· αἰ δέ τι καὶ ἄλλο δοκῇ τοῖς ξυμμάχοις, οἴκαδ’ ἀπιάλλειν. See Dr. Arnold’s note, and Dr. Thirlwall, Hist. Gr. ch. xxiv. vol. iii, p. 342.
One cannot be certain about the meaning of these two last words, but I incline to believe that they express a peremptory and almost a hostile sentiment, such as I have given in the text. The allies here alluded to are Athens, Elis, and Mantineia; all hostile in feeling to Sparta. The Lacedæmonians could not well decline admitting these cities to share in this treaty as it stood; but would probably think it suitable to repel them even with rudeness, if they desired any change.
I rather imagine, too, that this last clause (ἐπιδείξαντας) has reference exclusively to the Argeians, and not to the Lacedæmonians also. The form of the treaty is, that of a resolution already taken at Sparta, and sent for approval to Argos.
[135] Thucyd. v, 79. Αἰ δέ τινι τᾶν πολίων ᾖ ἀμφίλογα, ἢ τᾶν ἐντὸς ἢ τᾶν ἐκτὸς Πελοποννάσου, αἴτε περὶ ὅρων αἴτε περὶ ἄλλου τινὸς, διακριθῆμεν.
The object of this clause I presume to be, to provide that the joint forces of Lacedæmon and Argos should not be bound to interfere for every separate dispute of each single ally with a foreign state, not included in the alliance. Thus, there were at this time standing disputes between Bœotia and Athens, and between Megara and Athens: the Argeians probably would not choose to pledge themselves to interfere for the maintenance of the alleged rights of Bœotia and Megara in these disputes. They guard themselves against such necessity in this clause.
M. H. Meier, in his recent Dissertation (Die Privat. Schiedsrichter und die öffentlichen Diäteten Athens (Halle, 1846), sect. 19, p. 41), has given an analysis and explanation of this treaty which seems to me on many points unsatisfactory.
[136] All the smaller states in Peloponnesus are pronounced by this treaty to be (if we employ the language employed with reference to the Delphians peculiarly in the Peace of Nikias) αὐτονόμους, αὐτοτελεῖς, αὐτοδίκους, Thucyd. v, 19. The last clause of this treaty guarantees αὐτοδικíαν to all, though in language somewhat different, τοῖς δὲ ἔταις κατὰ πάτρια δικάζεσθαι. The expression in this treaty αὐτοπόλιες is substantially equivalent to αὐτοτελεῖς in the former.
It is remarkable that we never find in Thucydidês the very convenient Herodotean word δωσίδικοι (Herodot. vi, 42), though there are occasions in these fourth and fifth books on which it would be useful to his meaning.
[137] Thucyd. v. 81; Diodor. xii, 81.