been given against any one person, that person was ostracized; if
not, the ceremony ended in nothing.[278] 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.
[276] Andokidês, De Mysteriis, p. 12, c. 13. Μηδὲ νόμον ἐπ᾽ ἀνδρὶ
ἐξεῖναι θεῖναι, ἐὰν μὴ τὸν αὐτὸν ἐπὶ πᾶσιν Ἀθηναίοις· ἐὰν μὴ
ἑξακισχιλίοις δόξῃ, κρυβδὴν ψηφιζομένοις. According to the usual
looseness in dealing with the name of Solon, this has been called
a law of Solon (see Petit. Leg. Att. p. 188), though it certainly
cannot be older than Kleisthenês.
“Privilegia ne irroganto,” said the law of the Twelve Tables at
Rome (Cicero, Legg. iii, 4-19).
[277] Aristotle and Philochorus, ap. Photium, App. p. 672 and
675, ed. Porson.
It would rather appear by that passage that the ostracism was
never formally abrogated; and that even in the later times, to
which the description of Aristotle refers, the form was still
preserved of putting the question whether the public safety
called for an ostracizing vote, long after it had passed both out
of use and out of mind.
[278] Philochorus, _ut supra_; Plutarch, Aristeid. c. 7; Schol.
ad Aristophan. Equit. 851; Pollux, viii, 19.
There is a difference of opinion among the authorities, as well
as among the expositors, whether the minimum of six thousand
applies to the votes given in all, or to the votes given against
any one name. I embrace the latter opinion, which is supported
by Philochorus, Pollux, and the Schol. on Aristophanês, though
Plutarch countenances the former. Boeckh, in his Public Economy
of Athens, and Wachsmuth, (i, 1, p. 272) are in favor of Plutarch
and the former opinion; Paradys (Dissertat. De Ostr. p. 25),
Platner, and Hermann (see K. F. Hermann, Lehrbuch der Gr.
Staatsalt. ch. 130, not. 6) support the other, which appears to
me the right one.
For the purpose, so unequivocally pronounced, of the general law
determining the absolute minimum necessary for a _privilegium_,
would by no means be obtained, if the simple majority of votes,
among six thousand voters in all, had been allowed to take
effect. A person might then be ostracized with a very small
number of votes against him, and without creating any reasonable
presumption that he was dangerous to the constitution; which
was by no means either the purpose of Kleisthenês, or the
well-understood operation of the ostracism, so long as it
continued to be a reality.
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