Page:Montesquieu - The spirit of laws.djvu/68

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16
THE SPIRIT

Book II.
Chap. 2.
Solon made a law at Athens that military employments should be conferred by choice, but that senators and judges should be elected by lot.

The same legislator ordained, that civil magistracies, attended with great expence, should be given by choice; and the others by lot.

But in order to amend the suffrage by lot, he made a rule that none but those who presented themselves should be elected , that the person elected should be examined by judges[1], and that every one should have a right to accuse him if he were unworthy of the office[2]: this participated at the same time of suffrage by lot, and of that by choice. When the time of their magistracy was expired, they were obliged to submit to another judgment upon the manner they had behaved. Persons utterly unqualified, must have been extremely backward in giving in their names to be drawn by lot.

The law which determines the manner of giving the suffrages, is likewise fundamental in a democracy. It is a question of some importance, whether the suffrages ought to be public or secret. Cicero observes[3], that the laws [4] which rendered them secret towards the the republic, were the cause of its decline. But as this is differently practised in different republics, I shall offer here my thoughts concerning this subject.

  1. See the oration of Demosthens desalsa legat. and the oration against Timarchus.
  2. They used even to draw two tickets for each place, one which gave the place, and the other which named the person who was to succeed, in case the first was rejected.
  3. lib. 1. & 3. de Leg.
  4. They were called Lega Tabulares; two tablets were presented to each citizen. the first marked with an A, for Antique, or I forbid it, and the other with an U and an R, for Uti Rogat, or Be it as you desire.
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