Greece, Rome, and the Bill of Rights (57 page)

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62. See M. I. Finley, "Athenian Demagogues,"
Past and Present
21 (1962), pp. 1516.
63. This is the view of Rudi Thomsen,
The Origin of Ostracism
(Copenhagen: Gyldendal, 1972), especially p. 114.
64. Aristotle,
The Athenian Constitution
43.5. Hansen, however, points out that it was never used during the fourth century:
The Athenian Assembly
, p. 144, n. 141.
65. There is confusion in the ancient sources about whether this meant one person had to receive 6,000 votes against him or whether 3,001 of a total of 6,000 votes was sufficient. See Thomsen,
Origin of Ostracism
, pp. 6667, n. 23, for a discussion of the evidence.
66. Fitzgerald,
"Limitations on Freedom of Speech,"
p. 42.
67. Aristotle,
Politics
1298a29.
68. Hansen,
Athenian Assembly
, p. 130.
69. Wirszubski,
Libertas As a Political Idea at Rome
, p. 18.
70. A. G. Woodhead, "Isegoria," p. 130.
71. Here the emphasis is on the political or public realm. As Wirszubski puts it in
Libertas As a Political Idea at Rome
: "Under the principate the ruling law which had been the basis of libertas was in fact replaced by the will of the Princeps. Within the Roman community itself, the possession of libertas became a gift rather than a right and, ceasing to be a right, lost what had been its essential quality" (p. 171). In the personal realm, Roman citizens continued to enjoy certain protections under the legal system even under the empire.
72. Syme,
Roman Revolution
, pp. 2, 9.

 

page_203<br/>
Page 203
73. Lucan,
Pharsalia
1.670.
74. Tacitus,
Annals
1.2:
Munia senatus magistratum legum in se trahere
.
75. Wirszubski,
Libertas as a Political Idea at Rome
, p. 116, explains the difference between
potestas
(power) and
auctoritas
(authority): "The practical implications of supremacy by virtue of auctoritas are far-reaching. Unlike potestas, auctoritas is not defined, and therefore, whereas potestas is confined within certain limits, there is, in theory at least, no limit to the scope of auctoritas: it can be brought to bear on any matter. This fact may explain the peculiar character of the Augustan Principate. His auctoritas enabled Augustus to perform functions for which, strictly speaking, he had no legal warrant."
76. Tacitus,
Annals
1.9:
Non regno tamen neque dictatura sed principis nomine constitutam rem publicam
.
77. Seneca,
De clementia
1.4.3.
78. Cicero,
Laws
3.4 (tr. Keyes).
79. Tacitus,
Annals
4.32.
80. Syme,
Roman Revolution
, p. 487.
81. We are told by Dio Cassius, 57.24.4, that his daughter preserved copies. These were later reissued by Gaius.
82. Tacitus,
Annals
4.35.
83. Sir Ronald Syme,
Tacitus
, vol. 2 (Oxford: Clarendon Press, 1958), p. 517. Tacitus may be telling us something about himself, too, through those he describes, with whom he seems to identify, including Cremutius (so Syme,
Tacitus
, vol. 2, p. 546).
84. Tacitus,
Annals
4.35 (tr. Church and Brodribb).

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