THE SQUARE PERISTYLE AND ITS PR FEDECESSORS
See 4 above, where functions of the court at Delphinion are described, but the court is not named
29. Bekker, Anecdota Graeca 1.255.19-21
int AeXpLV[6)L 8X(a=t)pLoV v tv Tv (povLx&v, 8 (paaLv Alyia t8puaacOaL aXr6 &i76 AEXqCv 5xovcra 'A7t6XXovi ACeXV(pkl xat 'Ap-ritL AeXpLv?tat.
At Delphinion: one of the homicide courts, which they say Aigeus founded when he arrived from Delphi and dedicated to Apollo Delphinios and Artemis Delphinia.
Compare Pollux 8.119 (2).
(5) Bekker, Anecdota Graeca 1.311.13 (6) Demosthenes 23.74
30. [Demosthenes] 40 (Boiotos II) 11 347/6 B.C.E.?
X y&ap tpo6 TOy 8La LTYF)Tv aXr)VT7Coe, t(pa(pafaa 3 avra -a oXoY&evoa x o IIXayYv ieVrUal Te T/]v 7p6xXv)aiv xal 61ivuaLv v iTGL AeXytvloi &XXov 6pxov vaxvrtov TLt 7tpoCp()L.
As he met her before the arbitrator, Plangon, contravening everything that she had agreed to, accepted the challenge and swore another oath in the Delphinion opposite to the former one.
With this oath in the Delphinion, Plangon declared that the father of Boiotos and Pamphilos, her sons, was Mantias.
31. Etymologicum Magnum, s.v. Ent. AeXwpLv?cl 12th century C.E.
&tL AEeXcpLVo' ALxaOcTnpLOV 'AOT)VTiOL, intl xTv 6okXoyouvxTov cp6vou; 8eBpaxvaC. ot h8 opaolv, 6TL Kp7viT)v XeLp0to~vVov, eXaa0Oetl 8eXplVL 6 AK6XXov lacoaev aotrou etig TxiV 'A'TTLxxv xoVloactq &v0' &v 'A76XXovL AeCXpLVLx tl8pu6aaOa6Lt tep6v. 8txaornptov yevc>0ata TG)V pOVX oV v 6Xl xa XoEta xexplOato 6itp TOv (p6vov Txv t:epl Exe?pova xal EivLv.
At Delphinion: a dikasterion at Athens for those who admit that they have committed a homicide.
The story goes that when some Cretans were struck by a storm, Apollo in the form of a dolphin saved
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them by bringing them to Attica. In return for this, they founded a sanctuary of Apollo Delphinios.
It became a lawcourt for homicide trials, and in this court even Theseus was tried for killing Skiron and Sinis.
The scholion on Demosthenes 23.74 (34) includes a story of Apollo appearing as a dolphin as the explanation of the epithet Delphinios but does not associate that transformation with Attica, as is done here.
32. Harpokration, s.v. i ALeXypLvLit 2nd century C.E.
i1. AeX,Lvtot' 8xaor7ptL6v ocrrtv o6TrG xcaoutevov 'A0l)VT)a. 8&xaOovatL 8F &vTraOcx ot 6[oXoYovxTeg iv &aiexxOovval, Bixalxg 8i nTc7ouLxvaLt TOUTOo X,yovceg, &l A7)aoo0av7;g tv tA)L xaO' ApLcroxpaTouc 5y)Xol xal 'ApLa-roT-Xvq &v TI 'AO9va)Vcv TOXtreLaXL.
At Delphinion: there is a court called this in Athens. There those who admit that they have killed but say that they have done it justly are tried, as Demosthenes makes clear in the speech against Aristokrates and as Aristotle says in the Constitution ofAthens.
(7) Harpokration, s.v. iqe'rat
33. Isaios 12 (Euphiletos) 9 344/3 B.C.E.?
I ToO E6cpLX'5Tou p)TT)p, fv o6otL 6o,oXoyoOatv &orr/v teval, 6pxov 6tp66a int T1oO &uat7rTou i3ouXero int AeXypLviLi L (Jyv rouTovl EUcpX)tqov etvat i aoTinC, xal ToU gewr^pou narpo6.
The mother of Euphiletos, who they admit is a citizen, was willing to swear an oath in the presence of the arbitrator at Delphinion that Euphiletos, then present, was the issue of herself and our father.
Euphiletos had been crossed off the list of deme members of Erchia and was suing his fellow demesmen to recover his citizenship.
See Bonner and Smith 1938, p. 113 for the suggestion that this speech may be some ten years earlier than 344/3, a date that is usually given.
34. Lexicon Patmense, s.v. iLt AeXYiLVlL Commentary on Demosthenes 23.74.
&nt AeXpLVl<Co T ouo T6 8cxacTT)ptLov iyiveTo e&Ta o6 'ApeotaytrLxov int Atylcof 8; xal tSpuaoro tepov 'ApTipLBoL xal 'A7t6XXovog AeXpwtvou. oukTo 8e 6 O9e6 &x\),i, 6&Lt WxcpOq) Totg a&76 Kp'rT)c; KvtLStotL int elavTeLtav tX,ouLv et; AeXyouC; terapc3a v ~X T Iopq: v etc; v BeXyva.
xpLtO) bM e7)ceu? ~vtra0Oa o67:p 'Wv a&texTevev ix TpotLivoq etl 'AAOivacq opeu6ievoq, xat
&ix Tokq IIaXXavt[8atL;' &axe Xoy?:o 8e 6oioXoyiiv viv rTOv 96vov, &8xaztxa 8 ya&axov Be- 8paxivaL. 60ev xat ot vta06ai xpwLv6ievoL tl (6voLq 6oioXoyou,i4voLi VLv, mxalcaq 5i yyov6aL
itxa&ovaCt.
At Delphinion: this court was established after that of the Areopagos at the time of Aigeus who also founded the sanctuary of Artemis and Apollo Delphinios. The god was called thus because he was seen in the form of a dolphin by the Knidians as they sailed from Crete to Delphi to seek an oracle. Theseus was tried here for those whom he had killed on his way from Troizen to Athens, and for the Pallantidai. His defense was to admit that he had done the murder, but to claim that he had done it justly. Wherefore those tried here are judged for homicides they admit but that were done justly.
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35. Pausanias 1.19.1 ca. 150 C.E.
rsa b8f TOv vaov :TOO Ai6(; TOO 'OXundtou ntX)aiov ycyakd tmLV 'A7t6XXavo; HuOlou' (orL 8i xat &XXo tep6v 'At6XX6)voqg &xtxXY)cv AeX,pLvtou. X,yOUaL Bi ( ;letpYa(alVOu To0 vao'u TcXv TT)< 6poQp)< &yv?, tS t TOg nta0v &icpxotro tOreC ^g - v i6)XLv' ota 8? xtf(i)Va lXovTo acuro TcoU5pv xal nenXeyjivv(; i& e6npeni ot Tri) x6py)v, Cx; ylve-To xazra r6v ToO AeXyvLtou va6v, otl
Tnv
acrytv otxo8o.TonvTe; apovTo aCuv XXeuasolao i , t Bis s7apOivo; Iv oxpati y1ou TcXavacaCOL ^v6vn7 8aeucu 8? &XXo Viv aoTrolt &8T5X<?v oU8UV, &ioXUacx; 8i 65 X&yeCaL T.)&Vt&E,v)<; rou; pO;, f 9pL1 tcapiv, &VippL(eV i 67nX6Tepov f TL5C vaoCL -Tv a?iyrnv inOLOOvYo.
After the temple of Olympian Zeus there is nearby a statue of Pythian Apollo. There is also another sanctuary of Apollo with the epithet Delphinios. The story has it that when the temple was finished except for the roof, Theseus arrived in the city and was not yet recognized by anyone. Wearing a tunic that reached to his feet and with his hair neaty plaited, he came to the temple of the Delphinian;
hose who were building the roof mockingly asked what a maiden of marriageable age was doing wandering about alone. The only answer Theseus made was to loose, it is said, the oxen from their cart and to throw them (or the cart?) higher than the roof of the temple the men were building.
(1) Pausanias 1.28.10
At Delphinion there are held the trials of persons who plead that the homicide which they committed was justifiable. On such a plea Theseus was acquitted when he had slain the rebel Pallas and his sons. But in former days, before the acquittal of Theseus, the custom for all was for a homicide to go into exile or to stay and be killed the same way as he killed.
(8) Photios, Bibliotheca 535a25-26
36. Plutarch, Theseus 12.6 1 st-2nd century C.E.
xaye;rt 8 TT); xuXLxoo ie7oouYT)<; &xXu6AvaO TO (pap,t aoxov 6TcoU vOv iv AeX(pLV.WL O6 TO epo - (ppaxTov rOTLV, EvxraOca yap 6 Ayeu (0XLet, n xal r6v 'EpiiMv r6v oip6s St TroO ltpoi' xaXoOaLv
&To Aly ooq nu[Xa o.
And it is said that as the cup fell, the poison was spilled where now is the enclosure in Delphinion, for that is where the house of Aigeus stood, and the Hermes to the east of the sanctuary they call the Hermes at Aigeus' gate.
At Medea's suggestion Aigeus had been persuaded to entertain Theseus as a stranger guest and to poison him. Aigeus, however, recognized Theseus by his sword and knocked the cup of poison to the ground.
37. Plutarch, Theseus 14.1 lst-2nd century C.E.
xal XeLPs(a,&evoS i7e8e[^aTo C&v ra 8&& ToO &creoo iXaac;, e(tra To 'A76XXovL <OL AeXcpLviL xaTeOuaev.
After [Theseus] had mastered [the Marathonian bull], he made a display, driving it alive through the city, and then sacrificed it to the Delphinian Apollo.
38. Plutarch, Theseus 18.1 1 st-2nd century C.E.
yeVOLVOu 8a) TOO XX)pOU 7apaXap3)v ToOU< XaX6vTaq 6 er)oeuq ix Toi Ipuvavelou, xat 7apeXowv et AeXcpLVov, 67XeV ntX?ip aXTCr5v ToL A7t6XXwvL TTv txeT7)plav.... e&OS?vo0 8U
xaTfpavetv EXT)L 7)6; i7tl 6OaXaacv laTactvou MouVUXL&voq, fL xat viv 9TI Tag x6paq
7tepoumov lXaatVaoieV( ?et; Ae?X(pVLOV.
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When the lot was cast [for the youths to be sent to Crete], Theseus took those upon whom it fell from the Prytaneion and went to the Delphinion, where he dedicated his suppliant's branch to Apollo in their behalf... After he had finished his prayers, he went down to the sea on the sixth day of Mounychion, on which day even now [the Athenians] still send their maidens to the Delphinion to propitiate the god.
(2) Pollux 8.119
The [court] at Delphinion is said to have been founded by Aigeus for Apollo Delphinios and Artemis Delphinia. The first to be tried there was Theseus, who was averting the curse of the robbers and the Pallantidai he killed. He admitted that he had killed them but said that he had done it justly.
39. Suda, s.v. iL AeXYLvWiL 10th century C.E.
i\t AEXYpLVL6O &xaoTrpLov 'AV5vvCw i&t TOv 6bVoXoyo6vr(v tw v B e8paxvati cp6vou<, xaTa v6Vtouq; b.
At Delphinion: a dikasterion in Athens for those who admit that they have committed a homicide but claim that it is lawful.
THE COURT AT PALLADION
According to legend, the first trial at Palladion was that of Demophon, or whichever Athenians had stolen the Palladion from Argives returning from Troy and in so doing had killed some of the Argives. The trial was held at the place where the Palladion was in due course established, presumably within a sanctuary of Athena. In later times, at least, this sanctuary was shared by Zeus.
A location of this first trial (and so of the original sanctuary of the Palladion) at or near Phaleron is implied, and sometimes stated, in the story of the origin of the court, told in slightly varying forms by Pausanias, Pollux, Phanodemos, Kleitodemos, and in a scholion to Aischines. Plutarch, however, in a description of the battle between the Athenians and the Amazons, quotes "Kleidemos"
(= Kleitodemos), the Atthidographer of the 4th century B.C.E., as saying that the Athenians, attacking from the Palladion and Ardettos and the Lykeion, drove back the wing of the Amazons based on the Pnyx. This combination of localities suggests a location for the Palladion somewhere along the southeast edge of the city and to the west of Ardettos, that is, in the general region of the early sanctuaries near the Olympieion. John Travlos in 1962 and 1966 discovered foundations of a stoa and part of a peristyle about one hundred meters west of the southwest corner of the terrace wall of the Olympieion. He believes these remains belong to the Palladion: 1971, pp. 412-413 and 1974, pp. 500-511; compare, however, "Sites," pp. 97-98 above. For a suggestion that there were two sanctuaries called Palladion, see pp. 47-48 above.
Cases of involuntary homicide, of plotting to kill (bouleusis), and of murders of a slave, metic, or foreigner were tried in the court at the Palladion, according to Aristotle, Athenaion Politeia and a scholion to Aischines. Harpokration mentions only cases of involuntary homicide and bouleusis.
Demosthenes, in his listing of the homicide courts, mentions only cases of involuntary homicide, as do Pausanias, Pollux, and later writers.
The court at the Palladion still served as a homicide court in the late 5th and 4th centuries, as shown by several contemporary references (Aristophanes as quoted by Eustathios [46], Aischines 2.87 [40], Demosthenes 47.70 [42] and 59.9 [43], and Isokrates 18.52 [49]).
Originally, fifty-one ephetai served as judges in this court. Some modern authorities believe that by the 4th century the ephetai had been replaced by ordinary heliastic juries of larger size (G. Smith, "Dicasts in the Ephetic Courts," CP 19, 1924, pp. 353-358; Bonner and Smith 1930,
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pp. 270-274; Lipsius 1905-1915, p. 413). Part of the evidence for the replacement is mention of a dikasterion of 700 in Isokrates 18.54 (49), usually interpreted as referring to the case at the Palladion just described, and a passage in [Demosthenes] 59.9 (43) about another case at the Palladion. In
Demosthenes, the manuscript reading is that Stephanos got few votes out of 500 drachmai, and many editors delete the "drachmai" and present the passage as "few votes out of 500." MacDowell (1963, pp. 52-57), however, argues that since ephetai are mentioned in other 4th-century texts, they did continue to serve as dikasts. He suggests that Isokrates' reference to a panel of 700 applies to a different trial, perhaps one for perjury, and not to the murder case tried at the Palladion, and that there is no real justification for deleting the word "drachmai" from the Demosthenes manuscript.
For detailed arguments and full references on this question, see MacDowell, op. cit., pp. 54-55. (Note that the number 700 is unparalleled as the sum of dikasts in a single panel. T [500] for t [700]
would be an easy emendation.)
In the 2nd century B.C.E., Kleitomachos, a pupil of Karneades, had his own school of philosophy at the Palladion for eleven years starting in the archonship of Hagnotheos, 140/39 B.C.E. (FGrHist 244 Apollodoros of Athens F55-F56 and Ferguson 1911, pp. 337-338). Plutarch, On Exile 14, includes the Palladion among the schools of the wise men along with the Academy, the Stoa, and the Odeion.
This may be a reference only to the school of Kleitomachos, or it may mean, as seems more probable, that the Palladion did continue to be a resort of philosophers for a longer period of time.
Information relating to the cult and so to the sanctuary proper is found in four inscriptions:
(1) IG I3 369, logistai accounts of money borrowed from the other gods; Athena at the Palladion is named in lines 73 and 90, in 423/2 B.C.E.
(2) IG II-III2 1096, a letter of the time of Augustus from an Attic genos to Delphi, is dated by the priest of Zeus at the Palladion (partly restored).
(3) IG II-III2 3177, of the Augustan period; the priest of Zeus at the Palladion, on orders of an oracle of Pythian Apollo, set up and dedicated another statue of Pallas.
(4) IG II-III2 5055; the priest of Zeus in the Palladion is named on one of the theater seats.
From these later citations, particularly that mentioning a dedication of a statue of Pallas, it seems clear that Zeus and Athena were closely associated at the Palladion, although whether in a single or in separate shrines is uncertain. Thus the Palladion, at least as a sanctuary, had a very long existence from the earliest days of Athenian civic life well down into Roman times.
40. Aischines 2 (The False Embassy) 87 343 B.C.E.
... ol aixregpeq t)'V &v vtral (povLxaol tlxac tra t 6tc IIaoXXaBxl ... xareLTsiav l tivovTrX ra TotiLa TOV VLX(,ova Txlt f)(pWtL &opx(IeO0a, xal TOUTO 'AVLv 7atrpL6v aTL Cti xal v...
Our fathers, in the trials for bloodshed at Palladion, prescribed that he who wins his case must cut in pieces the sacrificial flesh and take a solemn oath, and the custom of your fathers is in force to this day....
Compare Photios, Lexicon I, s.v. BL&ioola (p. 47, note 19 above).