[133] 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 or 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, 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. 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.