Note 298 — Chapter LXIV · FROM THE ARRIVAL OF CYRUS THE YOUNGER IN ASIA MINOR, DOWN TO THE BATTLE OF ARGINUSÆ. (continued 2)

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.