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MARCUS N. TOD, M.A., ON INTERNATIONAL 



to arbitration was itself chosen to give the award. Trust- 

 worthiness, prestige, and power were also required ; it is only 

 very seldom, if ever, that the arbitrator, whether state or 

 individual, is insignificant. Emperors, kings, despots or high 

 officials were often appealed to : two famous athletes and the 

 poet Simonides are credited with undertaking the office at 

 different times, but these may be cases of mediation rather than 

 of arbitration proper. Of two arbitrators — Stratonax of 

 Apollonia and Lanthes of Assus — we know only the names, and 

 cannot say what was their civic or social position, and of one — 

 Maco of Larisa — we learn that he was a private citizen, though 

 an eminent one, of his state, who was chosen, no doubt, because 

 of his skill and the confidence inspired by his high character. 



But the appeal to a council or a state is even more common 

 than that to an individual. The Amphictiony of Delphi plays 

 a disappointingly small part, and even more surprising is the 

 almost entire absence of the Delphian oracle from the arbitral 

 records. Ordinarily a state is chosen, a Hellenic state down to 

 the time when the Komans become regarded as possible, or 

 perhaps as the natural, arbitrators in Hellenic quarrels ; it 

 must be a state enjoying prestige and a certain position in the 

 Greek world, far enough away to be wholly unprejudiced and 

 yet near enough, in the majority of cases, to be able to send a 

 body of arbitrators, if necessary, without too great trouble and 

 expense. For in all such cases the state appealed to had to 

 delegate its functions to a tribunal of its citizens. In the 

 majority of instances known to us, this tribunal consisted of 

 three or of five members — I know of seven examples of the 

 former and six of the latter number — an odd number being 

 chosen to obviate the danger of an equality of votes in a court 

 where no unanimity was requisite but the verdict of the 

 majority was regarded as that of the whole body. The 

 members who composed these courts were elected obviously for 

 some special qualifications they possessed. But the arbitral 

 tribunal does not always take the form of a small body of 

 experts : the whole democratic constitution of the majority of 

 the Greek states was based upon the assumption that, although 

 for executive purposes a small committee is best and perhaps 

 necessary, deliberative and judicial functions are best undertaken 

 by the whole, or by large sections, of the citizen body, and this 

 doctrine results in the appointment, by the thoroughly 

 democratic method of the lot, of large arbitral courts, intended 

 to represent the " common sense " of the state which appoints 

 them. We have seen that 600 Milesians decided the dispute 



