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).