The Historians' History of the World 03

At the epoch of Clisthenes, which by a remarkable coincidence is the same as that of the regifugium

at Rome, such constitutional morality, if it existed anywhere else, had certainly no place at Athens; and the first creation of it in any particular society must be esteemed an interesting historical fact. By the spirit of his reforms,—equal, popular, and comprehensive, far beyond the previous experience of Athenians,—he secured the hearty attachment of the body of citizens; but from the first generation of leading men, under the nascent democracy, and with such precedents as they had to look back upon, no self-imposed limits to ambition could be expected: and the problem required was to eliminate beforehand any one about to transgress these limits, so as to escape the necessity of putting him down afterwards, with all that bloodshed and reaction, in the midst of which the free working of the constitution would be suspended at least, if not irrevocably extinguished. To acquire such influence as would render him dangerous under democratical forms, a man must stand in evidence before the public, so as to afford some reasonable means of judging of his character and purposes; and the security which Clisthenes provided was, to call in the positive judgment of the citizens respecting his future promise purely and simply, so that they might not remain too long neutral between two formidable political rivals—pursuant in a certain way to the Solonian proclamation against neutrality in a sedition, as we have already remarked in a former chapter. He incorporated in the constitution itself the principle of

privilegium

(to employ the Roman phrase, which signifies, not a peculiar favour granted to any one, but a peculiar inconvenience imposed), yet only under circumstances solemn and well defined, with full notice and discussion beforehand, and by the positive secret vote of a large proportion of the citizens. “No law shall be made against any single citizen, without the same being made against all Athenian citizens; unless it shall so seem good to six thousand citizens voting secretly.” Such was that general principle of the constitution, under which the ostracism was a particular case. Before the vote of ostracism could be taken, a case was to be made out in the senate and the public assembly to justify it. In the sixth prytany of the year, these two bodies debated and determined whether the state of the republic was menacing enough to call for such an exceptional measure. If they decided in the affirmative, a day was named, the agora was railed round, with ten entrances left for the citizens of each tribe, and ten separate casks or vessels for depositing the suffrages, which consisted of a shell, or a potsherd, with the name of the person written on it whom each citizen designed to banish. At the end of the day, the number of votes was summed up, and if six thousand votes were found to have been given against any one person, that person was ostracised; if not, the ceremony ended in nothing. Ten days were allowed to him for settling his affairs, after which he was required to depart from Attica for ten years, but retained his property, and suffered no other penalty.