have paid court only to those individual Athenians —generals, trierarchs, or envoys— who visited the islands on service; but under the existing system, the subjects were compelled to visit Athens either as plaintiffs or defendants, and were thus under the necessity of paying court to the bulk of the people also, —that is, to those humbler citizens out of whom the dikasteries were formed; they supplicated the dikasts in court for favor or lenient dealing.[1] However true this may be, we must remark that it was a lighter lot to be brought for trial before the dikastery, than to be condemned without redress by the general on service, or to be forced to buy off his condemnation by a bribe; and, moreover, that the dikastery was open not merely to receive accusations against citizens of the allied cities, but also to entertain the complaints which they preferred against others.
Assuming the dikasteries at Athens to be ever so defective as tribunals for administering justice, we must recollect that they were the same tribunals under which every Athenian citizen held his own fortune or reputation, and that the native of any subject city was admitted to the same chance of justice as the native of Athens. Accordingly, we find the Athenian envoy at Sparta, immediately before the Peloponnesian war, taking peculiar credit to the imperial city on this ground for equal dealing with her subject-allies. " If our power (he says) were to pass into other hands, the comparison would presently show how moderate we are in the use of it: but as regards us, our very moderation is unfairly turned to our disparagement rather than to our praise. For even though we put ourselves at disadvantage in matters litigated with our allies, and though we have appointed such matters to be judged among ourselves and under laws equal
- ↑ Xenophon, Rep. Athen. i, 18. Πρὸς δὲ τούτοις, εἰ μὲν μὴ ἐπὶ δίκας ᾔεσαν οἱ σύμμαχοι, τοὺς ἐκπλέοντας Ἀθηναίων ἐτίμων ἂν μόνους, τούς τε στρατηγοὺς καὶ τοὺς τριηράρχους καὶ πρέσβεις· νῦν δ' ἠνάγκασται τὸν δῆμον κολακεύειν τῶν Ἀθηναίων εἷς ἕκαστος τῶν συμμάχων, γιγνώσκων ὅτι δεῖ μὲν ἀφικόμενον Ἀθήναζε δίκην δοῦναι καὶ λαβεῖν, οὐκ ἐν ἄλλοις τισὶν, ἀλλ' ἐν τῷ δήμῳ, ὅς ἐστι δὴ νόμος Ἀθήνῃσι. Καὶ ἀντιβολῆσαι ἀναγκάζεται ἐν τοῖς δικαστηρίοις, καὶ εἰσιόντος του, ἐπιλαμβάνεσθαι τῆς χειρός. Διὰ τοῦτο οὖν οἱ σύμμαχοι δοῦλοι τοῦ δήμου τῶν Ἀθηναίων καθεστᾶσι μᾶλλον.
