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
This remarkable distinction aroused envy against Aristeides and it is
reported that Themistocles circulated a rumor that by determining and
judging causes in private, he was undermining the courts of judicature
and was secretly making way for a monarchy in his own person, so the
jealousies of the populace were so aroused against him that it was
decided to recall this upright judge. Plutarch relates the pathetic
circumstance, connected with the degradation and ostracism of this
Just Judge, that while the voting was taking place, in the railed
market-place, Aristeides was approached by an illiterate citizen, who
handed him his _ostracon_, or sherd and directed him to write his own
name upon the shell. Without disclosing his identity, Aristeides asked
the man if the Judge had ever done him any injury, when the voter
replied: “None at all, neither know I the man; but I am tired of hearing
him everywhere called _The Just_.”[22]
Aristeides made no reply to the man, but wrote as he directed and
returned the sherd to him, with his name written upon it. The six
thousand votes, necessary to procure his removal, or recall, having been
polled, he departed from his beloved Athens, praying, with uplifted
hands, that the Athenians might never have occasion to remember
Aristeides.[23]
The ostracism of Aristeides did not last for the ten years, for which his
punishment was decreed, under the Grecian law, however, for three years
later, when the Persian king, Xerxes, invaded Greece, Aristeides returned
and when the Persians were overcome he was completely reinstated in the
good graces of his countrymen and took a leading part in the affairs of
the government of Athens, without resentment, for he sought no other
gratification than that of serving his country with fidelity and honour.
Themistocles was another of the great citizen jurists of Athens to suffer
the recall or ostracism, by popular vote, while this ancient law obtained
in Greece.
As an index to the character and uprightness of this distinguished
Athenian, it is reported that before entering upon the trial of a cause
in which the poet Simonides, of Ceos, was interested, when requested,
by his friend, to overlook the underlying principles of the law, in the
consideration of the cause, this virtuous judge replied:
“Simonides, you would be a bad poet, if your lines ran counter
to the just measure and rules of your art, nor should I be a
good magistrate, if, for favor, I made false law.”[24]
Public-domain text, read in full here on John Shaqi.
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