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1 The clause excluding the Phocians from the benefit of the peace had been rescinded by the Assembly （See Dem. 19.159）. Aeschines and his friends were therefore acting ultra vires in restoring the clause, when they administered the oath. Had they been really convinced that Philip intended to spare the Phocians, they would have retained the more general phrase,“the Athenians and their allies.” It is more probable that Philip himself insisted on excluding the Phocians, and the ambassadors were as powerless as the Roman senators before Alaric.
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