3
Now the legislatorCleisthenes, in 510 B.C ., cf. Aristot. Ath. Pol. 22. καὶ γὰρ συνέβη τοὺς μὲν Σόλωνος νόμους ἀφανίσαι τὴν τυραννίδα διὰ τὸ μὴ χρῆσθαι, καινοὺς δ’ 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. 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.
4
Moreover, at a time like this those who have political associates and confederates have an advantage over the rest, because the judges are not appointed by lot as in courts of law: in the present decision every member of the community has a voice. And not only that: the law appears to me to go both too far and not far enough; for wrongs done to individuals I consider such redress as this excessive: for wrongs done to the state I regard it as an insufficient and useless penalty, when you have the right to punish by fine, imprisonment, or death.
