But the third circumstance above noticed—the subjection of the allied
cities to the Athenian dikasteries—has been more dwelt upon as a
grievance than the second, and seems to have been unduly exaggerated.
We can hardly doubt that the beginning of this jurisdiction
exercised by the Athenian dikasteries dates with the synod of Delos,
at the time of the first formation of the confederacy. It was an
indispensable element of that confederacy, that the members should
forego their right of private war among each other, and submit their
differences to peaceable arbitration,—a covenant introduced even
into alliances much less intimate than this was, and absolutely
essential to the efficient maintenance of any common action against
Persia.[76] Of course, many causes of dispute, public as well as
private, must have arisen among these wide-spread islands and
seaports of the Ægean, connected with each other by relations of
fellow-feeling, of trade, and of common apprehensions. The synod
of Delos, composed of the deputies of all, was the natural board
of arbitration for such disputes, and a habit must thus have been
formed, of recognizing a sort of federal tribunal,—to decide
peaceably how far each ally had faithfully discharged its duties,
both towards the confederacy collectively, and towards other
allies with their individual citizens separately,—as well as to
enforce its decisions and punish refractory members, pursuant to
the right which Sparta and her confederacy claimed and exercised
also.[77] Now from the beginning, the Athenians were the guiding
and enforcing presidents of this synod, and when it gradually died
away, they were found occupying its place as well as clothed with its
functions. It was in this manner that their judicial authority over
the allies appears first to have begun, as the confederacy became
changed into an Athenian empire,—the judicial functions of the synod
being transferred along with the common treasure to Athens, and
doubtless much extended. And on the whole, these functions must have
been productive of more good than evil to the allies themselves,
especially to the weakest and most defenceless among them.
[76] See the expression in Thucydidês (v, 27) describing the
conditions required when Argos was about to extend her alliances
in Peloponnesus. The conditions were two. 1. That the city should
be autonomous. 2. Next, that it should be willing to submit its
quarrels to equitable arbitration,—ἥτις αὐτόνομός τέ ἐστι, καὶ
δίκας ἴσας καὶ ὁμοίας δίδωσι.
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