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Hostages.

Evacuation.

Hostages.

Sacrifice.

Independence.

Union against

common enemy.

proxenus1 of the Argives, arrived in Argos, and offered them peace or war. After some discussion the Argives accepted the conditions of peace, as proposed by Sparta.

"It seems good to the Lacedaemonian assembly to make an agreement with the Argives on the following terms:-

(1) "The Argives shall restore to the Orchomenians the youths, and to the Maenalians the men whom they hold as hostages, and to the Lacedaemonians the men who were deposited in Mantinea.

(2) "They shall also evacuate Epidauria," and demolish the fortifications which they have erected there. If the Athenians refuse to evacuate Epidauria, they shall be enemies. to the Argives and Lacedaemonians, and to the allies of the Lacedaemonians, and to the allies of the Argives.

(3) "If the Lacedaemonians have any youths belonging to any of the allies in their country, they shall restore them to their several cities.

(4) "Concerning the sacrifice to the god, the Epidaurians shall be permitted to take an oath which the Argives shall formally tender to them.

(5) "The cities in Peloponnesus, both small and great, shall be all independent, according to their ancestral laws.

(6) "If any one from without Peloponnesus comes against Peloponnesus with evil intent, the Peloponnesians shall take counsel together and shall repel the enemy; and the

2

1 On the functions of the proxenus in diplomatic negotiations, see vol. i. pp. 153, 324.

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This clause was, no doubt, specially aimed against the Athenians, cf. v. 52, 61, , 75.

several States shall bear such a share in the
war as may seem equitable to the Pelopon-

nesians.

(7) "The allies of the Lacedaemonians without Peloponnesus1 shall be in the same position as the other allies of the Lacedaemonians and the allies of the Argives, and they shall retain their present territory.

(8) "Both parties may, if they think fit, show this agreement to their allies and make terms with them, but if the allies raise any objection, they shall dismiss them to their homes."

Allies.

between

The Argives having assented to these conditions, Second treaty the Lacedaemonian army was withdrawn, and negotia- Sparta and tions were commenced for the establishment of an Argos. alliance, offensive and defensive, with the former, who renounced their own former alliance with Athens, Elis, and Mantinea. The second treaty was of wider extent, providing for the independence of the Peloponnesian cities, and for the submission of disputes to an arbitral tribunal.

"It seems good to the Lacedaemonians and to the Argives to make peace and alliance for fifty years on the following conditions:

(1) "They shall submit to arbitration on fair and equal terms, according to their ancestral customs.

(2) "The other cities of Peloponnesus shall participate in the peace and alliance, and shall be independent and their own masters, retaining their own territory and submitting to arbitration on fair and equal terms, according to their ancestral customs.

(3) "All the allies of the Lacedaemonians outside Peloponnese shall share in the same.

1 These included Boeotia, Megara, and others.

Alliance for fifty years.

Arbitration.

Independence.

Allies of the parties.

War.

Arbitration.

Ius originis.

Perpetual alliance between Athens and Thessaly, 361 B.C.

Perpetual
alliance
between the
Opuntian

Locrians and
Naupactus,

460 B.C.

terms as the Lacedaemonians, and the allies
of the Argives shall be in the same position
as the Argives, and shall retain their present
territory.

(4) If it shall be necessary to make an
expedition in common against any place,
the Lacedaemonians and the Argives shall
consult together and fix the share in the
war which may be equitably borne by the
allies.

(5) "If any of the States, either within or without Peloponnesus, have a dispute about a frontier, or any other matter, the difference shall be duly settled. But should a quarrel break out between two of the allied cities, they shall appeal to some State which both the cities deem to be impartial.

(6) "Justice shall be administered to the individual citizens of each State according to their ancestral customs."

The treaty between Athens and Thessaly, about 361 B.C., endeavoured to establish a perpetual alliance, eis Tòv deì Xpóvov, against Alexandros of Pherae. The aggressions of this tyrant directed against the autonomous Thessalian towns had before been checked by Thebes (364 B.C.) whose dependent ally he was forced to become. On the death of Epaminondas (362 B.C.), he began to harass the maritime allies of Athens and the Thessalians. The latter therefore sought an alliance with Athens against their common enemy.1

Another example of a perpetual alliance is that of a century earlier, when by a charter given to Naupactus by the Opuntian Locrians (460 B.C.), each State was empowered to call on the other for a renewal of the oath after a period of thirty years.2

1 Hicks, 123; Dittenberger, Sylloge, no. 85; Michel, 11; Von Scala, 176.

2 Hicks, no. 25, p. 32, §A; Michel, 285.

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alliance

and Priansos,

citizenship.

contractus.

A noteworthy instance of a perpetual alliance, for Perpetual offensive and defensive purposes, is the convention between between Hierapytna and Priansos, two Cretan towns, Hierapytna established at about the end of the third century B.C.1 end of third It is a confirmation and extension of the provisions of a century B.C. previous alliance, and stipulates an interchange of various rights and privileges. Thus the rights of Exchange of citizenship in general, including the reciprocal participation in the cities' religious worship and sacred feasts, the right of intermarriage, of the acquisition of property, of buying and selling, borrowing and lending at interest, and of entering into all other kinds of private contracts, in accordance with the lex loci contractus, are all inter- Lex loci changed,—in a word, the parties are to share in common in all things divine and human, καὶ θείων καὶ ἀνθρωπίνων πάντων (which is the customary formula inserted in treaties establishing complete alliances in Greece). Further, taxes for exports or imports are Free trade. abolished, except in the case of certain articles imported by sea. Right of search is mutually accorded. The Right of envoys of each town are to be courteously received by the kóσuo, the magistrates, of the other, who are, moreover, to furnish them with all necessaries during their stay; otherwise, they are to pay the envoys a sum of ten staters. The magistrates of each town are to have the right of access to the senate, and seats in the public assembly, of the other town. The terms of the alliance Public recital are to be publicly recited at a certain festival every year, and ten days' notice of this proceeding is to be given to the other party,-in default of which a fine of a hundred staters is to be paid... A common tribunal, Common κοινὸν δικαστήριον, composed of an equal number of tribunal. judges from each town, is established, which is to hear

1 Corp. inscrip. Graec. 2556; Michel, 16.-Cf. Egger, pp. 79 seq.; and Szanto, Das griechische Bürgerrecht, pp. 87 seq.-This is one of the most interesting epigraphic documents of this category. The marble slab was discovered in Crete, and is now at Oxford. The whole original text of the convention well deserves careful examination; but it is too long to be reproduced here.

search.

Envoys.

of terms.

disputes.

Division of booty.

all offences against the provisions of the present convention; and if an action is brought at the instance of an informer and the offence proved, the said informer is to receive a third part of the amount of the fine Settlement of inflicted on the guilty individual,—the remainder of the sum going to the public treasury. All existing disputes are to be decided within one month after the ratification of the treaty, and in the case of future controversies, advocates are to be employed according to the prescribed orders in the public edict. As to all plunder captured from the enemy, whether or not on a joint expedition, the soldiers concerned are to draw shares by lot, after a certain portion has been reserved for the towns themselves; should any difference arise with regard to this apportionment, it is to be referred to the above-mentioned court, or, if mutually agreed upon, to the arbitration of a third town, ekkλTOS TOXIS. The place for the sittings of the common tribunal is to be regulated by the annual magistrates; and mutual guarantees are to be given for the due settlement of pending causes within two months of the appointment of the judges. Finally, there are provisions regulating the subsequent modification of the treaty, if found necessary, and for the setting up in temples of tablets containing the record of the engagement; and fines are specified in case of neglect thereof.

Arbitration.

Where court is to sit.

Modification

of treaty.

Alliance between Hierapytna and Rhodes, end of third century B.C.

A somewhat similar alliance, in peace and war, is that between Hierapytna and Rhodes entered into towards the end of the third century B.C.1 It begins

1(From an inscription on a marble slab, which was formerly in Venice. Cauer, Delectus inscrip. Graec. no. 181; Michel, no. 21. Cf. Egger, pp. 297-301.)

. . Κυρωθείσας δὲ τᾶς συμμαχίας καὶ τῶν ὅρκων συντελεσθέντων κατὰ τὰ γεγραμμένα ὑπάρχειν συμμαχίαν ποτὶ τὸν δῆμον τὸν Ροδίων καὶ συνεργεῖν Ιεραπυτνίους] τῶι δάμωι τῶι Ροδίων καὶ πόλιν καὶ λιμένας καὶ ὁρματήρια | παρέχει(ν) καὶ εὔνους καὶ φίλους καὶ συμμάχους ὑπάρχειν εἰς τὸν ἅπαντα χρόνον· καὶ εἴ τίς κα ἐπὶ πόλιν ἢ χώραν στρατεύηται τὴν Ῥοδίων ἢ τοὺς νόμους ἢ τὰς ποθόδους ἢ τὰν καθεστα κυῖαν δημοκρατίαν καταλύης, βοηθεῖν Ιεραπυτνίους Ροδίοις || παντὶ σθένει κατὰ τὸ δυνατόν (11. 7-15, Michel, from the

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