which Boeckh puts upon this passage, in opposition to Platner
and Schömann (Boeckh, Public Econ. of Athens, book iii, ch. xvi,
p. 403, Eng. transl.; Schömann, Der Attisch. Prozess, p. 778;
Platner, Prozess und Klagen bei den Attikern, ch. iv, 2, pp.
110-112, where the latter discusses both the passages of Antipho
and Thucydidês).
The passages in Demosthenês Orat. de Halones. c. 3, pp. 98, 99;
and Andokidês cont. Alkibiad. c. 7, p. 121 (I quote this latter
oration, though it is undoubtedly spurious, because we may well
suppose the author of it to be conversant with the nature and
contents of ξύμβολα), give us a sufficient idea of these judicial
conventions, or ξύμβολα,—special and liable to differ in each
particular case. They seem to me essentially distinct from that
systematic scheme of proceeding whereby the dikasteries of Athens
were made cognizant of all, or most, important controversies
among or between the allied cities, as well as of political
accusations.
M. Boeckh draws a distinction between the _autonomous_
allies (Chios and Lesbos, at the time immediately before the
Peloponnesian war) and the _subject_-allies: “the former class
(he says) retained possession of unlimited jurisdiction, whereas
the latter were compelled to try all their disputes in the
courts of Athens.” Doubtless this distinction would prevail
to a certain degree, but how far it was pushed we can hardly
say. Suppose that a dispute took place between Chios and one
of the subject islands, or between an individual Chian and an
individual Thasian; would not the Chian plaintiff sue, or the
Chian defendant be sued, before the Athenian dikastery? Suppose
that an Athenian citizen or officer became involved in dispute
with a Chian, would not the Athenian dikastery be the competent
court, whichever of the two were plaintiff or defendant? Suppose
a Chian citizen or magistrate to be suspected of fomenting
revolt, would it not be competent to any accuser, either Chian or
Athenian, to indict him before the dikastery at Athens? Abuse of
power, or peculation, committed by Athenian officers at Chios,
must of course be brought before the Athenian dikasteries, just
as much as if the crime had been committed at Thasos or Naxos.
We have no evidence to help us in regard to these questions; but
I incline to believe that the difference in respect to judicial
arrangement, between the autonomous and the subject-allies, was
less in degree than M. Boeckh believes. We must recollect that
the arrangement was not all pure hardship to the allies,—the
liability to be prosecuted was accompanied with the privilege of
prosecuting for injuries received.
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