A further difference between the constitution of Solon and that of Clisthenes is to be found in the position of the senate of Areopagus. Under the former, that senate had been the principal body in the state, and he had even enlarged its powers; under the latter, it must have been treated at first as an enemy, and kept down. For as it was composed only of all the past archons, and as, during the preceding thirty years, every archon had been a creature of the Pisistratidæ, the Areopagites collectively must have been both hostile and odious to Clisthenes and his partisans, perhaps a fraction of its members might even retire into exile with Hippias. Its influence must have been sensibly lessened by the change of party, until it came to be gradually filled by fresh archons springing from the bosom of the Clisthenean constitution. But during this important interval, the new-modelled senate of Five Hundred, and the popular assembly, stepped into that ascendency which they never afterwards lost. From the time of Clisthenes forward, the Areopagites cease to be the chief and prominent power in the state: yet they are still considerable; and when the second fill of the democratical tide took place, after the battle of Platæa, they became the focus of that which was then considered as the party of oligarchical resistance. We have already remarked that the archons, during the intermediate time (about 509-477 B.C.), were all elected by the ecclesia, not chosen by lot, and that the fourth (or poorest and most numerous) class on the census were by law then ineligible; while election at Athens, even when every citizen without exception was an elector and eligible, had a natural tendency to fall upon men of wealth and station. We thus see how it happened that the past archons, when united in the Senate of Areopagus, infused into that body the sympathies, prejudices, and interests of the richer classes. It was this which brought them into conflict with the more democratical party headed by Pericles and Ephialtes, in times when portions of the Clisthenean constitution had come to be discredited as too much imbued with oligarchy.
One other remarkable institution, distinctly ascribed to Clisthenes, yet remains to be noticed—the Ostracism. It is hardly too much to say that, without this protective process, none of the other institutions would have reached maturity.
OSTRACISM
By the ostracism, a citizen was banished without special accusation, trial, or defence, for a term of ten years—subsequently diminished to five. His property was not taken away, nor his reputation tainted; so that the penalty consisted solely in the banishment from his native city to some other Greek city. As to reputation, the ostracism was a compliment rather than otherwise; and so it was vividly felt to be, when, about ninety years after Clisthenes, the conspiracy between Nicias and Alcibiades fixed it upon Hyperbolus. The two former had both recommended the taking of an ostracising vote, each hoping to cause the banishment of the other; but before the day arrived, they accommodated the difference. To fire off the safety-gun of the republic against a person so little dangerous as Hyperbolus, was denounced as the prostitution of a great political ceremony: “It was not against such men as him,” said the comic writer, Plato, “that the oyster-shell (or potsherd) was intended to be used.” The process of ostracism was carried into effect by writing upon a shell, or potsherd, the name of the person whom a citizen thought it prudent for a time to banish; which shell, when deposited in the proper vessel, counted for a vote towards the sentence.