One other remarkable institution, distinctly ascribed to Kleisthenês,
yet remains to be noticed,—the Ostracism; upon which I have already
made some remarks,[269] in touching upon the memorable Solonian
proclamation against neutrality in a sedition. It is hardly too much
to say that, without this protective process, none of the other
institutions would have reached maturity.
[269] See above, chap. xi. vol. iii. p. 145.
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;[270] and so it was
vividly felt to be, when, about ninety years after Kleisthenês, the
conspiracy between Nikias and Alkibiadês fixed it upon Hyperbolus.
The two former had both recommended the taking of an ostracizing
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),[271] 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.
[270] Aristeidês Rhetor. Orat. xlvi. vol ii. p. 317, ed. Dindorf.
[271] Plutarch (Nikias, c. 11; Alkibiad. c. 13; Aristeid. c. 7):
Thucyd. viii, 73. Plato Comicus said, respecting Hyperbolus—
Οὐ γὰρ τοιούτων οὕνεκ᾽ ὄστραχ᾽ ηὑρέθη.
Theophrastus had stated that Phæax, and not Nikias, was the rival
of Alkibiadês on this occasion, when Hyperbolus was ostracized;
but most authors, says Plutarch, represent Nikias as the person.
It is curious that there should be any difference of statement
about a fact so notorious, and in the best-known time of Athenian
history.
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