Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

~DIAETETAE. -DIAETETAE. 397
orators, were of two kinds; the one public and It is doubtful whether the public Diaetetae
appointed by lot (icX7psTo'i), the other private and took any general oath before entering upon their
chosen (alpeToL) by the parties who referred to duties. Such a guarantee would seem to be unnethem the decision of a disputed point, instead of cessary; for we read of their taking oaths previous
trying it before a court of justice; the judgments to giving judgment in the particular cases which
of both, according to Aristotle, being founded on came, before them. (Isaeus, De Dicaeog. Hered.
equity rather than law (6d yp iaiMriis ob p. 54; Dem. c. C allip. p. 1244.) From this cire7rtLEKEs OpE, o If 8I &KaOsrs w'bs rieoi, Ritetor. i. cumrstance we should infer that no oath was ex13). We shall, in the first place, treat of the acted from them before they entered upon office:
public diaetetae, following as closely as possible Hudtwalcker is of a contrary opinion, and sugthe order and statements of Hudtwalcker in his gests that the purport of their oath of office was
treatise " Ueber die iiffentlichen nnd Privat- the same as that of the Heliastic oath given by
Schiedsrichter Dibiteten in Athen, und den Process Demosthenes (c. Timocr. p. 747).
vor denselben." The Diaetetae of the different tribes appear to
According to Suidas (s. v.), the public Diactetae have sat in different places; as temples, halls, and
were required to be not less than 50 years of age; courts of justice, if not wanted for other purposes.
according to Pollux (viii. 126) and Hesychius, not Those of the Oeneid and Erectheid tribes met in
less than 60. With respect to their number there the heliaea (Dem. e. Everg. p. 1142. 25.); we
is some difficulty, in consequence of a statement of read of others holding a court in the delphinium
Ulpian (Demosth. c. Alcid. p. 542. 15), according (c. Boeot. ii. p. 1011), and also in the aT'aot
to which it was 440, i. ae. 44 for each tribe, sroicMAXi (c. Steph. i. p. 1106). Again, we are told
({raV 68i rEo'crapes cal, TEceooapatco'vra, lcaO' EKdcieT7v of slaves being examined by the Diaetetae sitting
spvxAv). This number, however, appears so un- for that purpose, under the appellation of Pao'avnecessarily large, more especially when it is con- oral [ToRMEaNTUMs], in the hephaisteium, or
sidered that the Attic orators frequently speak of temple of Poseidon. (Isocr. Tpa7reg. p. 361. 21, ed.
only one arbitrator in each case, that some writers Bekker.) Moreover, we are told of private arbihave, with good reason, supposed the reading trators meeting in the temple of Athena on the
should be - seoas Nt reoseapda'o V'a, cE'oeaapEss Acropolis; and, if the amended reading of Pollux
K. E. e. At any rate, litigious as the Athenians (viii. 126) is correct, we are informed by him, in
were, it seems that 40 must have been enough for general terms, that the arbitrators formerly held
all purposes. their courts in the temples (afvr7a,'V e& ~epo's
The words KaO' Eecde'rov (pvXY', imply that each IrdaXa). Harpocration also (s. v.) contrasts the
tribe had its own arbitrator; an inference which is dicasts with the arbitrators, observing that the
supported by Demosthenes (c. Eeroy. p. 1142. 25), former had regularly appointed courts of justice
where lie speaks of the arbitrators of the Oeneid (&ro6deEt7e1Eiva).
and Erectheid tribes: as well as by Lysins (c. Another point of difference was the mode of
Parncl. p. 731), who, in the words rpooscAsidPEVros playmllent, inasmuch as the dicasts received an
evJvby erpbs'robs'r'I7r'ofowYrdri s isr(ov'rTa, is allowance from the state, whereas the only remuthought to allude to the Diaetetae of the Hippo- aeration of the Diaetetae was a drachma deposited
thoontid tribe. 5With regard to the election of as a 7rapdo'cYao-is by the complainant, on the conlthese officers, it is doubtful whether they were mencement of the suit, the same sum being also
chosen by the members of the tribe for which they paid for the avhCcwooqa, and every 67rcsoo-la sworn
adjudicated, or in a general assembly of the people. during the proceedings. (Pollux, viii. 39, 127;
Hudtwalcker inclines to the latter supposition, as Harpocr. s. v.) This?rapdo'ca- ls is the same as
being more probable: we do not think so; for it the 6paXli roo AXet1roaprvptLo v mentioned by
seems just as likely, if not more so, that the four Demosthenes (c. Tinoth.. p. 1190). The defendant
arbitrators of each tribe were chosen in an asseli- in this case had failed to give evidence as he ought
bly of the tribe itself. Again, whether they were to have done, and therefore the plaintiff comappointed for life, or only for a definite period, is menced proceedings against him for this neglect,
not expressly mentioned by the orators; but as before the arbitrators in the principal suit, the
none of the Athenian magistrates, with the excep- first step of which was the payment of the 7rapdtion of the Areiopagites, remained permalnently in oTra rs.
office, and Demosthenes (c. Aleid. p. 542. 15) speaks Thle public arbitrators were Vsresvvoo, i. e. every
of the last day of the 1lth month of the year as one who hlad, or fancied he had, a cause of com.
being the last day of the Diaetetae (7.reAeuvrasa plaint against them for their decisions, might pros71~p'a r' v t 1a1sT vrfV), it seems almlost certain that ceed. against them by elirayyTeXa, or information
they were elected for a year only. The only oh- laid before the senate. For this purpose, says
jection to this conclusion arises fiom a statement Ulpian, whose statement is confirumed by Demoin a fragment of Isaeus (p. 361, ed. Reiske), where stheaes (c. M1]eid.) in the case of Straton, the public
an arbitrator is spoken of as beiou enuaged on a Dia tetae were towards the close of their year
suit for two years (8Io e'sl -ro i aIealTrTO' Tr'y of office, and during the latter days of the amonth
6l CK' EXoeros): if, however, we admnit the con- Thargelion, required to present themselves in some
jectural readingc'trV Ilss7Tcu1rT b, the meaning would fixed place, probably near the senate-house, that
be in accordanlce with what we infer from other they might be ready to ansiwer any charge brouglht
authorities, and would only imply that the same against them, of which they received a previous
cause came before the arbitrators of two different notice. The punishment, in case of condemnation,
years, a case which might not unfrequently happen; was actiian, or the loss of civic rights. I-Iarpoif, on the contrary, the reading, of the text is cor- cration (s. v.), however, informs us that the eso'ayrect, we must suppose that it was sometimes neces- y|eAa against the arbitrators was brought before
sary or convenienIt to re-elect an arbitrator for the the dicasts or judges of the regular courts, but this
decision of a particular.case. probably happened only on aplpeal, or in cases of