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to send hoplites to aid the Spartans in capturing Mount Ithome.49 When the Athenians were pointedly dismissed from the expedition, they felt grossly insulted. This feeling was utilized by Ephialtes and Perikles who led the democratic faction. They secured the ostracism of Kimon and attacked the Areiopagos.50 Many members of the court were impeached and convicted. Most of its judicial duties were taken over by dikasteria.51 Henceforth, the Areiopagos possessed only the right to try cases of homicide, arson, and certain forms of assault, and the supervision of sacred olive trees.52 If Ephialtes and Perikles effected the change, it was made possible by the gradual deterioration in the court's membership caused by the application of lot to the creation of archons. Twenty-five years had passed since 487-6 B.C. Two hundred and twenty-five inconsequential individuals had entered the Areiopagos in that interval. These nonentities were thus completely dominant in that body and could offer no effective opposition to Ephialtes.53
49 Thuc. I, 102; Plut. Kimon, 16, 6 ff.; Diod. x1, 64; Beloch, II, 1, p. 152–3; Grote, v, p. 221.
50 Cf. above, n. 47; Beloch, 11, 1, p. 153. That the democratic party was making rapid strides, is shown by Aristotle, Pol. 1303, b, 10; 1304, a, 22 ff.; 1321, a, 13.
51 Ath. Pol. 25, 2; Beloch, 11, 1, p. 153 ff.; Lipsius, p. 34 ff.
Gertrude Smith (Class. Phil. XIX (1924), 353 ff.) arrives at the conclusion that the subsequent change which tradition ascribes to Perikles (Ath. Pol. 27, 1; Plut. Per. 9, 1) was the substitution of the dikastai in the "ephetic" colleges for the earlier commissions of fifty-one ephetai drawn from the Areiopagos. The conventional view is that the change (which certainly occurred before the date of Isocrates, xvIII, 52, 54, ascribed to about the year 399 B.C, by Blass, Die Attische Beredsamkeit, 11 (1892), p. 214, and to 402 B.c. by Jebb, The Attic Orators, 11, p. 235) took place at the revision of the Draconian nomoi in 409-8 B.C. or later. Busolt, Gr. Alt. (1892) 1, p. 273, assigns the change to the fourth century; Schoemann, 1, p. 512, notes that it had taken place by the time of Demosthenes.
52 Dem. 23, 22, 24 (homicide, deliberate wounding, arson, and poisoning); 23, 66 (homicide); Ath. Pol. 57, 3 (homicide, wounding, poisoning, and arson); Lys. 7, 1-2 (sacred olive trees); Dem. 18, 134 (supervision of shrine at Delos); cf. Ferguson, Hellenistic Athens, p. 419 ff., for the late revival of the power of the Areiopagos.
53 Cf. above, n. 39.
At this point in Athenian history the factors converge which made for a reform of the courts: economic need, favorable political tendencies, and the requisite occasion. Moreover, it is attested that Ephialtes, in order to diffuse a popular knowledge of the law, had the statutes of Solon brought down from the Akropolis, and set up in the vicinity of the market-place.54 The action is easily comprehensible if we regard the publication of the law as an essential preliminary to the working of the new democratic courts. We are equally bound to consider the implication of the tradition that Perikles introduced pay for jury service.55 He was urged, it was alleged, by Damon of Oa to counteract the personal largesses of Kimon by giving the people as a bribe money that was in reality their own. That the political expediency of such a course was present to Perikles's mind, is highly probable. Nevertheless, we should be unwise if we did not attempt a further analysis of his motive. For the real issue was the essential justice and the flat necessity of reimbursing citizens for the time and labor they regularly devoted to their country's welfare. While we cannot determine exactly the moment when Perikles carried the measure, it is certain that he took the step early in his political career.56 Government, in general, is an empirical affair. It would not take much experience to show the futility and impossibility of an unpaid judicature. We may therefore conclude that the courts were established at or near the time when pay was first given for jury service. It is to be noted, moreover, that there is nothing in the extant lapidary tradition which shows the existence of dikasteria prior to the reform of 462–1 B.C.57
54 Harp. ò κάTweev vóμos; Poll. VIII, 128.
55 Plato, Gorg. 515 E; Ath. Pol. 27, 4; Pol. 1274, a, 8; Beloch, 11, 1, p. 155; Grote, Iv, p. 69; v, p. 213.
56 An inference from the fact that his opponent was Kimon: Beloch, II, 1, pp. 153 ff.
57 There is an allusion to some judicial process in I. G. 1 (1924), no. 11, lines 12, 14, 16 (dated before 446-5 B.C.), but there is no reference to a dikasterion. The decree affecting legal relations between Phaselis and Athens (I. G. 1, no. 16,
Accordingly, the suggestion offered in conclusion is that at this time Ephialtes and Perikles, taking the occasional judicial gatherings of the ekklesia as the prototype, created the permanent dikasteria; and that they conferred upon these bodies the functions wrested from the Areiopagos. It is a conclusion approximating that which Grote reached.58 The evidence of Aristotle's Constitution of the Athenians has more clearly revealed the intuitive judgment of the English historian. dated "c.a. 465" B.C.) mentions dikai but the terms dikasteria or dikasterion are not found. The first example of these words occurs in I. G. 1, no. 22, lines 39, 45 (450-449 B.C.).
58 Grote, Iv, p. 70; v, p. 208 ff., especially p. 211, where we read: "But it was certainly to Perikles and Ephialtes that Athens owed the elaborate constitution of her popular Dikasteries or Jury-courts regularly paid;" cf. also p. 213.
VIII. A New Fragment on the Life of Homer
BY PROFESSOR J. G. WINTER
UNIVERSITY OF MICHIGAN
In the course of excavations at Karanis in 1924-1925 conducted by the University of Michigan and directed by Professor Boak there came to light the final column of a papyrus roll which is of more than ordinary interest because it concerns a literary problem which has long engaged the attention of scholars. That problem is the relation of the Contest between Homer and Hesiod, usually designated the Certamen, to the work of Alkidamas.
The papyrus, numbered 2754 in the University of Michigan Collection, is about 23.5 cm. long and about 19 cm. wide. There is an upper margin of about 1 cm. and a lower one of about 7 cm.; the right margin is about 6 cm. and the space between the final column and the preceding one, represented by a few traces of end letters, is about 1.3 cm. About 1.3 cm. separate the last line of the text from the first line of the title. In the lower left margin, extending from the end of the text to the second line of the title is an elaborate koronis somewhat resembling that of Plate II in Classical Texts from Papyri in the British Museum (London, 1891).1 The column here preserved contains 23 lines of text; the one preceding it seems to have held about 32. The writing is on the verso,2 in a small, well-formed book-hand of the second or early third century A.D.; the title is in the same hand as the text but the letters are larger and more widely spaced. Below the title and extending to the right edge of the fragment are the remains of writing which was apparently washed out; the vestiges are
1 Cf. also Pap. Oxyr. x, Pl. 1, no. 1232; Pl. 11, no. 1231, frag. 56; v, Pl. vi, no. 843. Examples can also be found in W. Schubart, Griechische Palaeographie, München, 1925, Abb. 72, 75, 84.
2 The recto is covered with accounts.
so faint that it has proved impossible to decipher more than a few of them even with the aid of a highly magnifying binocular microscope.
The story of the Contest has come down to us in a single fourteenth century manuscript in Florence, known as Laurentianus, LVI, 1, from which Stephanus made the copy which is now in Leyden. An interesting description of it can be found in the Rheinisches Museum, XXVIII (1873), 237-249, by F. Nietzsche, who published it in Acta Societatis Philologae Lipsiensis, 1871 (1 ff.). More recently it has been published by A. Rzach (Hesiodi Carmina, ed. maior, 1902; ed. minor alt. 1908) and by Mr. T. W. Allen in the concluding volume of his Oxford Homer.3 From the reference which it contains to the emperor Hadrian it is, of course, apparent that the Certamen in its present form must be the work of some writer of the second century; but scholars are generally agreed that the content of his narrative is of far greater antiquity.
The first to discuss the relation of the Certamen to its source was F. Nietzsche, who advanced the theory that the Certamen was compiled in the age of Hadrian by a writer 5 whose source was the Movσetov of the rhetorician Alkidamas, the pupil of Gorgias and rival of Isocrates. His argument rested chiefly on the fact that the compiler of the Certamen cites Alkidamas and the Movσeîov as authority for the story of the vengeance which Zeus visited on Hesiod's murderers (ws onσiv 'Aλkidáμas ev Movσeiw, Allen, p. 234, 240) and that two lines which
3 Homeri Opera, Oxonii, v (1912), pp. 225-238. This work contains in a form readily accessible all the source material, and in discussing this phase of my subject I shall refer to it by indicating only pages and lines.
4 ὅπερ δὲ ἀκηκόαμεν ἐπὶ τοῦ θειοτάτου αὐτοκράτορος ̓Αδριανοῦ εἰρημένον ὑπὸ τῆς Πυθίας περὶ Ομήρου, ἐκθησόμεθα, Allen, p. 227, 32-34.
5 Allen suggests Porphyrius, p. 186; cf. Homer, The Origins and the Transmission, Oxford, 1924, p. 21.
6"Der Florentinische Tractat über Homer und Hesiod," Rh. Mus. xxv (1870), 528–540; xxviii (1873), 211-249. For Alkidamas see J. Vahlen, "Der Rhetor Alkidamas," Sitzb. d. Wien. Akad. XLIII (1863), 491–528 = Gesammelte Philologische Schriften (Leipzig, 1911), pp. 117-161; F. Blass, Die Attische Beredsamkeit, II, zweite Aufl. Leipzig, 1892, pp. 345-363; F. Brzoska, P.-W. Real-Enc. 1, 1533-1539.