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βουλεύσας: senator factus. So ii. 6. 25, where ἄρξας is equivalent to magistratus factus. The aor. denotes the election to the office, the pres. would indicate continuance in it. G. 1260; H. 841. The senate, or council (βουλή), of the Athenians was, under the constitution of Clisthenes, composed of five hundred citizens, fifty being chosen from each of the ten tribes (φυλαί). The whole collective body was divided into ten sections of fifty each, corresponding to the ten tribes. Each of these sections (called πρυτάνεις) in turn served as an executive committee of the βουλή for a period of thirty-five or thirty-six days in ordinary years (thirty-eight or thirtynine days in intercalary years). From the prytany of fifty members one man was chosen by lot each day to act as presiding officer (ἐπιστάτης) in conducting the debate and in putting questions to vote. This latter function, in the present instance, as we see, Socrates refused to exercise. Cf. Plato Apol. 32B, and for an account of the βουλή, its functions, divisions, etc., see Schömann, Antiq. of Greece, i. 371 ff., Gardner and Jevons, Manual of Greek Antiq., 484 ff. τὸν βουλευτικὸν ὅρκον ὀμόσας: having taken the senatorial oath of office. ὅρκον is cognate accusative. ἐν ᾧ ἦν: in which it was stipulated. We might expect ἐν ᾧ ἐστι, but the impf. indicates what obligations Socrates assumed when he took the oath.— παρὰ τοὺς νόμους κτλ.: after the naval victory of the Athenians over the Spartans off the Arginusae islands (406 B.C.), the Athenian generals omitted to take adequate measures to rescue the crews of the disabled vessels, or to gather the dead for burial. A violent storm, arising after the battle, hindered the detachment left behind for that purpose from performing this duty, so sacred in Hellenic eyes. The generals were publicly impeached; and, in spite of Socrates's protest, were condemned to death in one vote (μιᾷ ψήφῳ). This proceeding, and the refusal of a fair trial to the generals, were illegal (παρὰ τοὺς νόμους); for the law expressly provided that when several persons were accused together, a separate trial and vote should be held in the case of each (Hell. i.7.26). The full number of generals was ten: but Conon was blockaded at Mytilene, Archestratus had died, two had fled to avoid trial; and only six were actually executed. Cf. Hell. i. 7, Plato Apol. 32B, and see Grote, Hist. of Greece, c. lxiv. τοὺς ἀμφὶ Θράσυλλον καὶ Ἐρασινίδην: Thrasyllus and Erasinides with their colleagues. For the phrase οἱ ἀμφί τινα, see H. 791, 3. In the nine here spoken of should probably be included Leon, who was superseded in command by Lysias during or just before the battle (Hell. i.5.16, 6. 30, 7. 2); Xenophon must therefore omit his name when speaking (Hell. i.7.34) of sentence being passed on ‘eight.’ οὐκ ἠθέλησεν: refused. The illegal vote must have been taken, after Socrates's refusal, by the ‘prytanes’ directing some other more compliant member of their body to put the question. εὐορκεῖν: to keep his oath. φυλάξασθαι: for differences of meaning in the act. and mid. of certain verbs, see G. 1246; H. 816.
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