real feature in the Athenian character, which I shall take another
opportunity of examining, much less in those petty collateral
interests indicated by Xenophon,[86] such as the increased customs
duty, rent of houses, and hire of slaves at Peiræus, and the larger
profits of the heralds, arising from the influx of suitors. It was
nothing but the power, originally inherent in the confederacy of
Delos, of arbitration between members and enforcement of duties
towards the whole,—a power inherited by Athens from that synod, and
enlarged to meet the political wants of her empire; to which end
it was essential, even in the view of Xenophon himself.[87] It may
be that the dikastery was not always impartial between Athenian
citizens privately, or the Athenian commonwealth collectively, and
the subject-allies,—and in so far the latter had good reason to
complain; but on the other hand, we have no ground for suspecting it
of deliberate or standing unfairness, or of any other defects than
such as were inseparable from its constitution and procedure, whoever
might be the parties under trial.
[83] Thucyd. i, 76, 77. Ἄλλους γ᾽ ἂν οὖν οἰόμεθα τὰ ἡμέτερα
λαβόντας δεῖξαι ἂν μάλιστα εἴ τι μετριάζομεν· ἡμῖν δὲ καὶ ἐκ τοῦ
ἐπιεικοῦς ἀδοξία τὸ πλέον ἢ ἔπαινος οὐκ εἰκότως περιέστη. Καὶ
ἐλασσούμενοι γὰρ ἐν ταῖς ξυμβολαίαις πρὸς τοὺς ξυμμάχους δίκαις,
καὶ παρ᾽ ἡμῖν αὐτοῖς ἐν τοῖς ὁμοίοις νόμοις ποιήσαντες τὰς
κρίσεις, φιλοδικεῖν δοκοῦμεν, etc.
I construe ξυμβολαίαις δίκαις as connected in meaning with
ξυμβόλαια and not with ξύμβολα—following Duker and Bloomfield in
preference to Poppo and Göller: see the elaborate notes of the
two latter editors. Δίκαι ἀπὸ ξυμβόλων indicated the arrangements
concluded by special convention between two different cities, by
consent of both, for the purpose of determining controversies
between their respective citizens: they were something
essentially apart from the ordinary judicial arrangements of
either state. Now what the Athenian orator here insists upon
is exactly the contrary of this idea: he says, that the allies
were admitted to the benefit of Athenian trial and Athenian
laws, in like manner with the citizens themselves. The judicial
arrangements by which the Athenian allies were brought before
the Athenian dikasteries cannot, with propriety, be said to be
δίκαι ἀπὸ ξυμβόλων; unless the act of original incorporation into
the confederacy of Delos is to be regarded as a ξύμβολον, or
agreement,—which in a large sense it might be, though not in the
proper sense in which δίκαι ἀπὸ ξυμβόλων are commonly mentioned.
Moreover. I think that the passage of Antipho (De Cæde Herôdis,
p. 745) proves that it was the citizens of places _not in
alliance with Athens_, who litigated with Athenians according to
δίκαι ἀπὸ ξυμβόλων,—not the allies of Athens while they resided
in their own native cities; for I agree with the interpretation
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