[74] Xenophon. Repub. Athen. iii, 5. πλὴν αἱ τάξεις τοῦ φόρου· τοῦτο δὲ γίγνεται ὡς τὰ πολλὰ δι᾽ ἔτους πέμπτου.
[75] Xenophon. Repub. Athen. i, 14. Περὶ δὲ τῶν συμμάχων, οἱ ἐκπλέοντες συκοφαντοῦσιν, ὡς δοκοῦσι, καὶ μισοῦσι τοὺς χρηστοὺς, etc.
Who are the persons designated by the expression οἱ ἐκπλέοντες, appears to be specified more particularly a little farther on (i, 18); it means the generals, the officers, the envoys, etc. sent forth by Athens.
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.