[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.