William Watson Goodwin, Commentary on Demosthenes: On the Crown

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1. τὸν ὅρκον: the Heliastic oath, which each judge had sworn. The document in XXIV. 149—151 purporting to be this famous oath (hardly authentic) has this clause: καὶ ἀκροάσομαι τοῦ κατηγόρου καὶ τοῦ ἀπολογουμένου ὁμοίως ἀμφοῖν. For the connection of the laws with the oath, see note on § 6.5.

2. δικαίοις, just provisions.

3. ἀκροάσασθαι: this (Σ) or ἀκρο- ᾶσθαι (L) is far preferable to the emendation ἀκροάσεσθαι, the fut. infin. being exceptional with τό. The infin. with τό here denotes simply the provision for hearing both sides impartially and is not in oratio obliqua (M.T. 96, 111).

4. τὸ μὴ προκατεγνωκέναι: not having decided against (κατά) either party in advance, the perf. expressing completion (M.T. 109): τὸ μὴ προκαταγνῶναι would be timeless, like τὸ ἀκροάσασθαι (above) and τὸ ἀποδοῦναι and τὸ ἐᾶσαι (below).—οὐδὲ (sc. μόνον), nor only (cf. § 93.1, 2).

5. ἴσην (pred.), in equal measure. —καὶ τῇ τάξει...χρήσασθαι, i.e. to allow everyone to adopt not only (καὶ) that order of argument but also (καὶ) that general plan of defence which etc.

6. ἀπολογίᾳ refers strictly to the defence, which alone remained.—ὡς... ἕκαστος: ἕκαστος is made subject of the relative clause, as this precedes; we reverse the order, and translate it with χρήσασθαι.—τῶν ἀγωνιζομένων ἕκαστος (not ἑκάτερος), acc. to Weil, is “tout homme qui plaide sa cause,” a general expression. He remarks that ἀγωνίζομαι applies especially to the defendant.

This is a dignified appeal against the offensive demand of Aeschines (III. 202), that the court should either refuse to hear Demosthenes or (at least) compel him to follow his adversary's order of argument. Both parties could not be heard impartially if one were compelled by the court itself to present his case in the most damaging order at his opponent's dictation.