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Treaty of peace between

Sparta and Argos.

the men-hostages from the Mænalii. They shall restore to the Lacedæmonians the men now in Mantineia, whom the Lacedæmonians had placed as hostages for safe custody in Orchomenus, and whom the Argeians and Mantineians have carried away from that place. They shall evacuate Epidaurus, and raze the fort recently erected near it. The Athenians, unless they also forthwith evacuate Epidaurus, shall be proclaimed as enemies to Lacedæmon as well as to Argos, and to the allies of both. The Lacedæmonians shall restore all the hostages whom they now have in keeping, from whatever place they may have been taken. Respecting the sacrifice alleged to be due to Apollo by the Epidaurians, the Argeians will consent to tender to them an oath, which if they swear, they shall clear themselves'. Every city in Peloponnesus, small or great, shall be autonomous and at liberty to maintain its own ancient constitution. If any extra-Peloponnesian city shall come against Peloponnesus with mis

1 Thucyd. v. 77. The text of Thucydidês is incurably corrupt, in regard to several words of this clause; though the general sense appears sufficiently certain, that the Epidaurians are to be allowed to clear themselves in respect to this demand by an oath. In regard to this purifying oath, it seems to have been essential that the oath should be tendered by one litigant party and taken by the other: perhaps therefore σέμεν οι θέμεν λῇν (Valckenaer's conjecture) might be preferable to εἶμεν λῇν.

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, sect. 309–313. vol. vii. p. 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 favour 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.

chievous projects, Lacedæmon and Argos will take joint counsel against it, in the manner most equitable for the interest of the Peloponnesians generally. The extra-Peloponnesian allies of Sparta shall be in the same position with reference to this treaty as the allies of Lacedæmon and Argos in Peloponnesus-and shall hold their own in the same manner. The Argeians shall show this treaty to their allies, who shall be admitted to subscribe to it, if they think fit. But if the allies desire anything different, the Argcians shall send them home about their business'."

Such was the agreement sent ready prepared by the Lacedæmonians to Argos, and there literally accepted. It presented a reciprocity little more than nominal, imposing one obligation of no importance upon Sparta; though it answered the purpose of the latter by substantially dissolving the alliance of Argos with its three confederates.

But this treaty was meant by the oligarchical party in Argos only as preface to a series of ulterior

1 Thucyd. v. 77. Επιδείξαντας 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 (émideíĝavras) 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.

Treaty of

alliance between

Sparta and Argosdissolution of the alli

gos with

Athens, Mantineia, and Elis.

measures. As soon as it was concluded, the menacing army of Sparta was withdrawn from Tegea, and was exchanged for free and peaceful intercommunication between the Lacedæmonians and Argeians. Probable Alkibiadês at the same time retired, while the renewed visits and hospitalities of Lacedæmonians at Argos strengthened the interest of their party more than ever. They were soon powerful enough to persuade the Argeian assembly formally to renounce the alliance with Athens, Elis, and Mantineia-and to conclude a special alliance with Sparta, on the following terms:

"There shall be peace and alliance for fifty years between the Lacedæmonians and the Argeiansupon equal terms-each giving amicable satisfaction, according to its established constitution, to all ance of Ar- complaints preferred by the other. On the same condition, also, the other Peloponnesian cities shall partake in this peace and alliance-holding their own territory, laws, and separate constitution. All extra-Peloponnesian allies of Sparta shall be put upon the same footing as the Lacedæmonians themselves. The allies of Argos shall also be put upon the same footing as Argos herself, holding their own territory undisturbed. Should occasion arise for common military operations on any point, the Lacedæmonians and Argeians shall take counsel together, determining in the most equitable manner they can for the interest of their allies. If any one of the cities hereunto belonging, either in or out of Peloponnesus, shall have disputes either about boundaries or other topics, she shall be held

bound to enter upon amicable adjustment'. If any allied city shall quarrel with another allied city, the matter shall be referred to some third city satisfactory to both. Each city shall render justice to her own citizens according to her own ancient constitution."

of Manti

Sparta.

It will be observed that in this treaty of alliance, Submission the disputed question of headship is compromised neia to or evaded. Lacedæmon and Argos are both put upon an equal footing, in respect to taking joint counsel for the general body of allies: they two alone are to decide, without consulting the other allies, though binding themselves to have regard to the interests of the latter. The policy of Lacedæmon also pervades the treaty-that of ensuring autonomy to all the lesser states of Peloponnesus, and thus breaking up the empire of Elis, Mantineia, or any other larger state which might have dependencies. And accordingly the Mantineians, finding

I Thucyd. v. 79. Αἰ δέ τινι τῶν πολίων ᾖ ἀμφίλογα, ἢ τῶν ἐντὸς ἢ τῶν ἐκτὸς Πελοποννάσου, αἴτε περὶ ὅρων αἴτε περὶ ἄλλου τινος, 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 Boeotia 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 Boeotia 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.

2 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) αὐτόνομους, αὐτοτελεῖς, αὐτοδίKOUS, Thucyd. v. 19. The last clause of this treaty guarantees avrodiκίαν to allthough in language somewhat different-τοῖς δὲ ἔταις κατὰ VOL. VII.

K

Oligarchical revolu

tion effect

ed at Argos by the Thousand, in concert with the

Lacedæmonians.

themselves abandoned by Argos, were constrained to make their submission to Sparta, enrolling themselves again as her allies, renouncing all command over their Arcadian subjects, and delivering up the hostages of these latter-according to the stipulation in the treaty between Lacedæmon and Argos'. The Lacedæmonians do not seem to have meddled farther with Elis. Being already possessed of Lepreum, (through the Brasideian settlers planted there,) they perhaps did not wish again to provoke the Eleians, from fear of being excluded a second time from the Olympic festival.

Meanwhile the conclusion of the alliance with Lacedæmon (about November or December 418 B.C.) had still farther depressed the popular leaders at Argos. The oligarchical faction, and the chosen regiment of the Thousand, all men of wealth and family as well as bound together by their common military training, now saw their way clearly to the dissolution of the democracy by force, and to the accomplishment of a revolution. Instigated by such ambitious views, and flattered by the idea of admitted headship jointly with Sparta, they espoused the new policy of the city with extreme vehemence, and began immediately to multiply occasions of collision with Athens. Joint Lacedæmonian and Argeian envoys were despatched to Thrace and

πάτρια δικάζεσθαι. The expression in this treaty αὐτοπόλιες is substantially equivalent to auroreλeîs in the former.

It is remarkable that we never find in Thucydides the very convenient Herodotean word dwoidikoi (Herodot. vi. 42), though there are occasions in these fourth and fifth books on which it would be useful to his meaning.

1 Thucyd. v. 81; Diodor. xii. 81.

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