Page:History of Greece Vol VI.djvu/161

 BEGINNING OF THE PELOPONNESIAN WAR. 13^, sentence of capital punishment was one which could hardly bj possibility come into execution ; for no citizen would be so mad as to make the forbidden proposition, while this law was in force. Whoever desired to make it, would first begin by proposing to repeal the prohibitory law, whereby he would incur no danger, whether the assembly decided in the affirmative or negative ; and if he obtained an affirmative decision, he would then, and then only, proceed to move the reappropriation of the fund. To speak the language of English parliamentary procedure, he would first move the suspension or abrogation of the standing order whereby the proposition was forbidden, next, he would move the proposition itself : in fact, such was the mode actually pursued, when the thing at last came to be done. 1 But though the capital sentence could hardly come into effect, the proclama- tion of it in terrorcm had a very distinct meaning. It expressed the deep and solemn conviction which the people entertained of the importance of their own resolution about the reserve, it forewarned all assemblies and all citizens to come, of the danger of diverting it to any other purpose, it surrounded the reserve with an artificial sanctity, which forced every man who aimed at the reappropriation to begin with a preliminary proposition, for midable on the very face of it, as removing a guarantee which previous assemblies had deemed of immense value, and opening the door to a contingency which they had looked upon as treason- able. The proclamation of a lighter punishment, or a simple prohibition without any definite sanction whatever, would neither have announced the same emphatic conviction, nor produced the same deterring effect. The assembly of 431 B.C. could not in any way enact laws which subsequent assemblies could not re- verse ; but it could so frame its enactments, in cases of peculiar solemnity, as to make its authority strongly felt upon the judg- ment of its successors, and to prevent them from entertaining motions for repeal, except under necessity at once urgent and tal punishment was proposed against whosoever should propose, and who- soever should concur in (?) any decree for the disposal of that money to any other purpose, or in any other circumstances." 1 Thucyd. viii. 15. ra <5e ^ikia ra?.avra, uv did rrairdf rov Tro^epov fit) ^on?cu, etitfi)? i/ivaav TUQ eTriKEipevai; &/*iaf r<p dnivrt ij i, iiirb r^f Trapovcrjf tinrAi]t;fuf, /tat tyjjfiaavTO Ktvetv.