Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
The removal and ostracism of public officers, in Greece, does not seem
to have been used as a punishment for any crime or particular unfitness
developed by the official removed, but rather as a precautionary measure,
to dispense with the services of those who became so powerful as to
excite the fear or attract the envy of their contemporaries.[18]
The procedure whereby the recall or ostracism of a judge or other public
official was accomplished, in ancient Greece, was as follows: A space
was enclosed by barricades, with ten entrances, for the ten tribes. The
tribesmen entered the enclosed space, by these ten entrances, each with
a shell, or piece of earthenware, on which he wrote the name of the
official he wished recalled or degraded. The casting and enumeration of
the vote was regulated and supervised by the presidents dents of the
Senate and by the nine archons, and if as many as 6000 votes against any
one official was polled, this _ipso facto_ removed him from office and
he was obliged to leave the city of his residence within ten days from
that date; but if the total number of votes cast against him did not
equal 6000 he was not removed from office.[19] Because of the shell, or
piece of earthenware, upon which the vote was cast against the official
removed from office, the proceeding came to be known as the “earthenware
scourge.”[20]
By this proceeding, in ancient Greece, some of the most distinguished
men of the nation were removed, or ostracised, but when it was found
that their services were indispensable to the public welfare, they were
recalled to office. Cimon, Alcibiades, Themistocles, Aristeides and
many other prominent citizens suffered this degradation in Athens and
other democratical states, in Greece, for the recall was considered as a
necessary precaution to ensure absolute equality among the citizens of
the various commonwealths.
As a concrete illustration of the application of the recall to the
judiciary, in Greece, we will take the case of Aristeides, known as
“Aristeides the Just.” There is authority for the statement that the
judicial integrity and ability of this old Greek patriot was so generally
recognized, in Athens, that during the presentation of one of the
tragedies of Eschylus, when one of the characters was referred to as
a man who “cared more _to be just_, than to appear so,” all eyes were
instantly turned toward Aristeides, as the one man, who, of all other
Greeks, most merited the title of “The Just,” and from this time on
this truly royal, or divine appellation, according to Plutarch, was, by
universal consent, attributed to this virtuous man.[21]
Public-domain text, read in full here on John Shaqi.
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