[3]
Now the legislator1 responsible for this deserves censure; for the law which he framed violates the oath of the People and Council. Under the terms of that oath you swear to exile no one, to imprison no one, to put no one to death, without trial; whereas on this present occasion, when the person ostracized is to be cut off from his country for so long, no accusation has been made, no defence allowed, and the voting is secret.
1 Cleisthenes, in 510 B.C ., cf. Aristot. Ath. Pol. 22. καὶ γὰρ συνέβη τοὺς μὲν Σόλωνος νόμους ἀφανίσαι τὴν τυραννίδα διὰ τὸ μὴ χρῆσθαι, καινοὺς δÕ ἄλλους θεῖναι τὸν Κλεισθένην στοχαζόμενον τοῦ πλήθους, ἐν οἷς ἐτέθη καὶ ὁ περὶ τοῦ ὀστρακισμοῦ νόμος. For the procedure cf. Philochorus frag. 79b, F.G.H. i. 396.
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