Page:History of Greece Vol VI.djvu/60

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38
HISTORY OF GREECE.

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.

Among the thousand towns which paid tribute to Athens,— taking this numerical statement of Aristophanes, not in its exact meaning, but simply as a great number,— if a small town, or one of its citizens, had cause of complaint against a larger, there was no channel except the synod of Delos, or the Athenian tribunal, through which it could have any reasonable assurance of fair trial or justice. It is not to be supposed that all the private complaints and suits between citizen and citizen, in each respective subject town, were carried up for trial to Athens: yet we do not know distinctly how the line was drawn between matters carried up thither and matters tried at home. The subject cities appear to have been interdicted from the power of capital punishment, which could only be inflicted after previous trial and condemnation at Athens:[1] so that the latter reserved to herself the cognizance of most of the grave crimes, or what may be called " the higher justice " generally. And the political accusations preferred by citizen against citizen, in any subject city, for alleged treason, corruption, non-fulfilment of public duty, etc., were doubtless carried to Athens for trial,— perhaps the most important part of her jurisdiction.

But the maintenance of this judicial supremacy was not intended by Athens for the substantive object of amending the administration of justice in each separate allied city: it went rather to regulate the relations between city and city,— between citizens of different cities,— between Athenian citizens or officers, and any of these allied cities with which they had relations,— between each city itself, as a dependent government with contending political parties, and the imperial head, Athens. All these were problems which imperial Athens was called on to solve, and the best way of solving them would have been through some common synod emanating from all the allies: putting this aside, we shall find that the solution provided by Athens was


  1. Antipho, De Cæde Herodis, c. 7, p. 135. ὃ οὐδὲ πόλει ἔξεστιν, ἄνευ Αθηναίων οὐδένα θανάτω ζημιῶσαι.