BOOK FOUR

I

IN all arts and sciences which embrace the whole of any subject, and do not come into being in a fragmentary way, it is the province of a single art or science to consider all that appertains to a single subject. For example, the art of gymnastic considers not only the suitableness of different modes of training to different bodies (2), but what sort is absolutely the best (1); (for the absolutely best must suit that which is by nature best and best furnished with the means of life), and also what common form of training is adapted to the great majority of men (4). And if a man does not desire the best habit of body, or the greatest skill in gymnastics, which might be attained by him, still the trainer or the teacher of gymnastic should be able to impart any lower degree of either (3). The same principle equally holds in medicine and shipbuilding, and the making of clothes, and in the arts generally.

Hence it is obvious that government too is the subject of a single science, which has to consider what government is best and of what sort it must be, to be most in accordance with our aspirations, if there were no external impediment, and also what kind of government is adapted to particular states. For the best is often unattainable, and therefore the true legislator and statesman ought to be acquainted, not only with (1) that which is best in the abstract, but also with (2) that which is best relatively to circumstances. We should be able further to say how a state may be constituted under any given conditions (3); both how it is originally formed and, when formed, how it may be longest preserved; the supposed state being so far from having the best constitution that it is unprovided even with the conditions necessary for the best; neither is it the best under the circumstances, but of an inferior type.

He ought, moreover, to know (4) the form of government which is best suited to states in general; for political writers, although they have excellent ideas, are often unpractical. We should consider, not only what form of government is best, but also what is possible and what is easily attainable by all. There are some who would have none but the most perfect; for this many natural advantages are required. Others, again, speak of a more attainable form, and, although they reject the constitution under which they are living, they extol some one in particular, for example the Lacedaemonian. Any change of government which has to be introduced should be one which men, starting from their existing constitutions, will be both willing and able to adopt, since there is quite as much trouble in the reformation of an old constitution as in the establishment of a new one, just as to unlearn is as hard as to learn. And therefore, in addition to the qualifications of the statesman already mentioned, he should be able to find remedies for the defects of existing constitutions, as has been said before. This he cannot do unless he knows how many forms of government there are. It is often supposed that there is only one kind of democracy and one of oligarchy. But this is a mistake; and, in order to avoid such mistakes, we must ascertain what differences there are in the constitutions of states, and in how many ways they are combined. The same political insight will enable a man to know which laws are the best, and which are suited to different constitutions; for the laws are, and ought to be, relative to the constitutionl'> -->constitutiontml'> -->constitution, and not the constitution to the laws. A constitution is the organization of offices in a state, and determines what is to be the governing body, and what is the end of each community. But laws are not to be confounded with the principles of the constitution; they are the rules according to which the magistrates should administer the state, and proceed against offenders. So that we must know the varieties, and the number of varieties, of each form of government, if only with a view to making laws. For the same laws cannot be equally suited to all oligarchies or to all democracies, since there is certainly more than one form both of democracy and of oligarchy.

II

In our original discussion about governments we divided them into three true forms: kingly rule, aristocracy, and constitutional government, and three corresponding perversions -- tyranny, oligarchy, and democracy. Of kingly rule and of aristocracy, we have already spoken, for the inquiry into the perfect state is the same thing with the discussion of the two forms thus named, since both imply a principle of virtue provided with external means. We have already determined in what aristocracy and kingly rule differ from one another, and when the latter should be established. In what follows we have to describe the so-called constitutional government, which bears the common name of all constitutions, and the other forms, tyranny, oligarchy, and democracy.

It is obvious which of the three perversions is the worst, and which is the next in badness. That which is the perversion of the first and most divine is necessarily the worst. And just as a royal rule, if not a mere name, must exist by virtue of some great personal superiority in the king, so tyranny, which is the worst of governments, is necessarily the farthest removed from a well-constituted form; oligarchy is little better, for it is a long way from aristocracy, and democracy is the most tolerable of the three.

A writer who preceded me has already made these distinctions, but his point of view is not the same as mine. For he lays down the principle that when all the constitutions are good (the oligarchy and the rest being virtuous), democracy is the worst, but the best when all are bad. Whereas we maintain that they are in any case defective, and that one oligarchy is not to be accounted better than another, but only less bad.

Not to pursue this question further at present, let us begin by determining (1) how many varieties of constitution there constitutionf democracy and oligarchy there are several): (2) what constitution is the most generally acceptable, and what is eligible in the next degree after the perfect state; and besides this what other there is which is aristocratical and well-constituted, and at the same time adapted to states in general; (3) of the other forms of government to whom each is suited. For democracy may meet the needs of some better than oligarchy, and conversely. In the next place (4) we have to consider in what manner a man ought to proceed who desires to establish some one among these various forms, whether of democracy or of oligarchy; and lastly, (5) having briefly discussed these subjects to the best of our power, we will endeavor to ascertain the modes of ruin and preservation both of constitutions generally and of each separately, and to what causes they are to be attributed.

III

The reason why there are many forms of government is that every state contains many elements. In the first place we see that all states are made up of families, and in the multitude of citizen there must be some rich and some poor, and some in a middle condition; the rich are heavy-armed, and the poor not. Of the common people, some are husbandmen, and some traders, and some artisans. There are also among the notables differences of wealth and property -- for example, in the number of horses which they keep, for they cannot afford to keep them unless they are rich. And therefore in old times the cities whose strength lay in their cavalry were oligarchies, and they used cavalry in wars against their neighbors; as was the practice of the Eretrians and Chalcidians, and also of the Magnesians on the river Maeander, and of other peoples in Asia. Besides differences of wealth there are differences of rank and merit, and there are some other elements which were mentioned by us when in treating of aristocracy we enumerated the essentials of a state. Of these elements, sometimes all, sometimes the lesser and sometimes the greater number, have a share in the government. It is evident then that there must be many forms of government, differing in kind, since the parts of which they are composed differ from each other in kind. For a constitution is an organization of offices, which all the citizens distribute among themselves, according to the power which different classes possess, for example the rich or the poor, or according to some principle of equality which includes both. There must therefore be as many forms of government as there are modes of arranging the offices, according to the superiorities and differences of the parts of the state.

There are generally thought to be two principal forms: as men say of the winds that there are but two -- north and south, and that the rest of them are only variations of these, so of governments there are said to be only two forms -- democracy and oligarchy. For aristocracy is considered to be a kind of oligarchy, as being the rule of a few, and the so-called constitutional government to be really a democracy, just as among the winds we make the west a variation of the north, and the east of the south wind. Similarly of musical modes there are said to be two kinds, the Dorian and the Phrygian; the other arrangements of the scale are comprehended under one or other of these two. About forms of government this is a very favorite notion. But in either case the better and more exact way is to distinguish, as I have done, the one or two which are true forms, and to regard the others as perversions, whether of the most perfectly attempered mode or of the best form of government: we may compare the severer and more overpowering modes to the oligarchical forms, and the more relaxed and gentler ones to the democratic.

IV

It must not be assumed, as some are fond of saying, that democracy is simply that form of government in which the greater number are sovereign, for in oligarchies, and indeed in every government, the majority rules; nor again is oligarchy that form of government in which a few are sovereign. Suppose the whole population of a city to be 1300, and that of these 1000 are rich, and do not allow the remaining 300 who are poor, but free, and in an other respects their equals, a share of the government -- no one will say that this is a democracy. In like manner, if the poor were few and the masters of the rich who outnumber them, no one would ever call such a government, in which the rich majority have no share of office, an oligarchy. Therefore we should rather say that democracy is the form of government in which the free are rulers, and oligarchy in which the rich; it is only an accident that the free are the many and the rich are the few. Otherwise a government in which the offices were given according to stature, as is said to be the case in Ethiopia, or according to beauty, would be an oligarchy; for the number of tall or good-looking men is small. And yet oligarchy and democracy are not sufficiently distinguished merely by these two characteristics of wealth and freedom. Both of them contain many other elements, and therefore we must carry our analysis further, and say that the government is not a democracy in which the freemen, being few in number, rule over the many who are not free, as at Apollonia, on the Ionian Gulf, and at Thera; (for in each of these states the nobles, who were also the earliest settlers, were held in chief honor, although they were but a few out of many). Neither is it a democracy when the rich have the government because they exceed in number; as was the case formerly at Colophon, where the bulk of the inhabitants were possessed of large property before the Lydian War. But the form of government is a democracy when the free, who are also poor and the majority, govern, and an oligarchy when the rich and the noble govern, they being at the same time few in number.

I have said that there are many forms of government, and have explained to what causes the variety is due. Why there are more than those already mentioned, and what they are, and whence they arise, I will now proceed to consider, starting from the principle already admitted, which is that every state consists, not of one, but of many parts. If we were going to speak of the different species of animals, we should first of all determine the organs which are indispensable to every animal, as for example some organs of sense and the instruments of receiving and digesting food, such as the mouth and the stomach, besides organs of locomotion. Assuming now that there are only so many kinds of organs, but that there may be differences in them -- I mean different kinds of mouths, and stomachs, and perceptive and locomotive organs -- the possible combinations of these differences will necessarily furnish many variedes of animals. (For animals cannot be the same which have different kinds of mouths or of ears.) And when all the combinations are exhausted, there will be as many sorts of animals as there are combinations of the necessary organs. The same, then, is true of the forms of government which have been described; states, as I have repeatedly said, are composed, not of one, but of many elements. One element is the food-producing class, who are called husbandmen; a second, the class of mechanics who practice the arts without which a city cannot exist; of these arts some are absolutely necessary, others contribute to luxury or to the grace of life. The third class is that of traders, and by traders I mean those who are engaged in buying and selling, whether in commerce or in retail trade. A fourth class is that of the serfs or laborers. The warriors make up the fifth class, and they are as necessary as any of the others, if the country is not to be the slave of every invader. For how can a state which has any title to the name be of a slavish nature? The state is independent and self-sufficing, but a slave is the reverse of independent. Hence we see that this subject, though ingeniously, has not been satisfactorily treated in the Republic. Socrates says that a state is made up of four sorts of people who are absolutely necessary; these are a weaver, a husbandman, a shoemaker, and a builder; afterwards, finding that they are not enough, he adds a smith, and again a herdsman, to look after the necessary animals; then a merchant, and then a retail trader. All these together form the complement of the first state, as if a state were established merely to supply the necessaries of life, rather than for the sake of the good, or stood equally in need of shoemakers and of husbandmen. But he does not admit into the state a military class until the country has increased in size, and is beginning to encroach on its neighbor's land, whereupon they go to war. Yet even amongst his four original citizens, or whatever be the number of those whom he associates in the state, there must be some one who will dispense justice and determine what is just. And as the soul may be said to be more truly part of an animal than the body, so the higher parts of states, that is to say, the warrior class, the class engaged in the administration of justice, and that engaged in deliberation, which is the special business of political common sense -- these are more essential to the state than the parts which minister to the necessaries of life. Whether their several functions are the functions of different citizens, or of the same -- for it may often happen that the same persons are both warriors and husbandmen -- is immaterial to the argument. The higher as well as the lower elements are to be equally considered parts of the state, and if so, the military element at any rate must be included. There are also the wealthy who minister to the state with their property; these form the seventh class. The eighth class is that of magistrates and of officers; for the state cannot exist without rulers. And therefore some must be able to take office and to serve the state, either always or in turn. There only remains the class of those who deliberate and who judge between disputants; we were just now distinguishing them. If presence of all these elements, and their fair and equitable organization, is necessary to states, then there must also be persons who have the ability of statesmen. Different functions appear to be often combined in the same individual; for example, the warrior may also be a husbandman, or an artisan; or, again, the councillor a judge. And all claim to possess political ability, and think that they are quite competent to fill most offices. But the same persons cannot be rich and poor at the same time. For this reason the rich and the poor are regarded in an especial sense as parts of a state. Again, because the rich are generally few in number, while the poor are many, they appear to be antagonistic, and as the one or the other prevails they form the government. Hence arises the common opinion that there are two kinds of government -- democracy and oligarchy.

I have already explained that there are many forms of constitution, and to what causes the variety is due. Let me now show that there are different forms both of democracy and oligarchy, as will indeed be evident from what has preceded. For both in the common people and in the notables various classes are included; of the common people, one class are husbandmen, another artisans; another traders, who are employed in buying and selling; another are the seafaring class, whether engaged in war or in trade, as ferrymen or as fishermen. (In many places any one of these classes forms quite a large population; for example, fishermen at Tarentum and Byzantium, crews of triremes at Athens, merchant seamen at Aegina and Chios, ferrymen at Tenedos.) To the classes already mentioned may be added day-laborers, and those who, owing to their needy circumstances, have no leisure, or those who are not of free birth on both sides; and there may be other classes as well. The notables again may be divided according to their wealth, birth, virtue, education, and similar differences.

Of forms of democracy first comes that which is said to be based strictly on equality. In such a democracy the law says that it is just for the poor to have no more advantage than the rich; and that neither should be masters, but both equal. For if liberty and equality, as is thought by some, are chiefly to be found in democracy, they will be best attained when all persons alike share in the government to the utmost. And since the people are the majority, and the opinion of the majority is decisive, such a government must necessarily be a democracy. Here then is one sort of democracy. There is another, in which the magistrates are elected according to a certain property qualification, but a low one; he who has the required amount of property has a share in the government, but he who loses his property loses his rights. Another kind is that in which all the citizens who are under no disqualification share in the government, but still the law is supreme. In another, everybody, if he be only a citizen, is admitted to the government, but the law is supreme as before. A fifth form of democracy, in other respects the same, is that in which, not the law, but the multitude, have the supreme power, and supersede the law by their decrees. This is a state of affairs brought about by the demagogues. For in democracies which are subject to the law the best citizens hold the first place, and there are no demagogues; but where the laws are not supreme, there demagogues spring up. For the people becomes a monarch, and is many in one; and the many have the power in their hands, not as individuals, but collectively. Homer says that 'it is not good to have a rule of many,' but whether he means this corporate rule, or the rule of many individuals, is uncertain. At all events this sort of democracy, which is now a monarch, and no longer under the control of law, seeks to exercise monarchical sway, and grows into a despot; the flatterer is held in honor; this sort of democracy being relatively to other democracies what tyranny is to other forms of monarchy. The spirit of both is the same, and they alike exercise a despotic rule over the better citizens. The decrees of the demos correspond to the edicts of the tyrant; and the demagogue is to the one what the flatterer is to the other. Both have great power; the flatterer with the tyrant, the demagogue with democracies of the kind which we are describing. The demagogues make the decrees of the people override the laws, by referring all things to the popular assembly. And therefore they grow great, because the people have an things in their hands, and they hold in their hands the votes of the people, who are too ready to listen to them. Further, those who have any complaint to bring against the magistrates say, 'Let the people be judges'; the people are too happy to accept the invitation; and so the authority of every office is undermined. Such a democracy is fairly open to the objection that it is not a constitutionconstitutionon. When they are well-ordered, the constitution is well-ordered, and as they differ from one another, constitutions differ. There is (1) one element which deliberates about public affairs; secondly (2) that concerned with the magistrates -- the question being, what they should be, over what they should exercise authority, and what should be the mode of electing to them; and thirdly (3) that which has judicial power.

The deliberative element has authority in matters of war and peace, in making and unmaking alliances; it passes laws, inflicts death, exile, confiscation, elects magistrates and audits their accounts. These powers must be assigned either all to all the citizens or an to some of them (for example, to one or more magistracies, or different causes to different magistracies), or some of them to all, and others of them only to some. That all things should be decided by all is characteristic of democracy; this is the sort of equality which the people desire. But there are various ways in which all may share in the government; they may deliberate, not all in one body, but by turns, as in the constitution of Telecles the Milesian. There are other constitutions in which the boards of magistrates meet and deliberate, but come into office by turns, and are elected out of the tribes and the very smallest divisions of the state, until every one has obtained office in his turn. The citizens, on the other hand, are assembconstitution the purposes of legislation, and to consult about the constitution, and to hear the edicts of the magistrates. In another variety of democracy the citizen form one assembly, but meet only to elect magistrates, to pass laws, to advise about war and peace, and to make scrutinies. Other matters are referred severally to special magistrates, who are elected by vote or by lot out of all the citizens Or again, the citizens meet about election to offices and about scrutinies, and deliberate concerning war or alliances while other matters are administered by the magistrates, who, as far as is possible, are elected by vote. I am speaking of those magistracies in which special knowledge is required. A fourth form of democracy is when all the citizens meet to deliberate about everything, and the magistrates decide nothing, but only make the preliminary inquiries; and that is the way in which the last and worst form of democracy, corresponding, as we maintain, to the close family oligarchy and to tyranny, is at present administered. All these modes are democratical.

On the other hand, that some should deliberate about all is oligarchical. This again is a mode which, like the democratical has many forms. When the deliberative class being elected out of those who have a moderate qualification are numerous and they respect and obey the prohibitions of the law without altering it, and any one who has the required qualification shares in the government, then, just because of this moderation, the oligarchy inclines towards polity. But when only selected individuals and not the whole people share in the deliberations of the state, then, although, as in the former case, they observe the law, the government is a pure oligarchy. Or, again, when those who have the power of deliberation are self-elected, and son succeeds father, and they and not the laws are supreme -- the government is of necessity oligarchical. Where, again, particular persons have authority in particular matters -- for example, when the whole people decide about peace and war and hold scrutinies, but the magistrates regulate everything else, and they are elected by vote -- there the government is an aristocracy. And if some questions are decided by magistrates elected by vote, and others by magistrates elected by lot, either absolutely or out of select candidates, or elected partly by vote, partly by lot -- these practices are partly characteristic of an aristocratical government, and party of a pure constitutional government.

These are the various forms of the deliberative body; they correspond to the various forms of government. And the government of each state is administered according to one or other of the principles which have been laid down. Now it is for the interest of democracy, according to the most prevalent notion of it (I am speaking of that extreme form of democracy in which the people are supreme even over the laws), with a view to better deliberation to adopt the custom of oligarchies respecting courts of law. For in oligarchies the rich who are wanted to be judges are compelled to attend under pain of a fine, whereas in deinocracies the poor are paid to attend. And this practice of oligarchies should be adopted by democracies in their public assemblies, for they will advise better if they all deliberate together -- the people with the notables and the notables with the people. It is also a good plan that those who deliberate should be elected by vote or by lot in equal numbers out of the different classes; and that if the people greatly exceed in number those who have political training, pay should not be given to all, but only to as many as would balance the number of the notables, or that the number in excess should be eliminated by lot. But in oligarchies either certain persons should be co-opted from the mass, or a class of officers should be appointed such as exist in some states who are termed probuli and guardians of the law; and the citizens should occupy themselves exclusively with matters on which these have previously deliberated; for so the people will have a share in the deliberations of the state, but will not be able to disturb the principles of the constitution. Again, in oligarchies either the people ought to accept the measures of the government, or not to pass anything contrary to them; or, if all are allowed to share in counsel, the decision should rest with the magistrates. The opposite of what is done in constitutional governments should be the rule in oligarchies; the veto of the majority should be final, their assent not final, but the proposal should be referred back to the magistrates. Whereas in constitutional governments they take the contrary course; the few have the negative, not the affirmative power; the affirmation of everything rests with the multitude.

These, then, are our conclusions respecting the deliberative, that is, the supreme element in states.

XV

Next we will proceed to consider the distribution of offices; this too, being a part of politics concerning which many questions arise: What shall their number be? Over what shall they preside, and what shall be their duration? Sometimes they last for six months, sometimes for less; sometimes they are annual, while in other cases offices are held for still longer periods. Shall they be for life or for a long term of years; or, if for a short term only, shall the same persons hold them over and over again, or once only? Also about the appointment to them -- from whom are they to be chosen, by whom, and how? We should first be in a position to say what are the possible varieties of them, and then we may proceed to determine which are suited to different forms of government. But what are to be included under the term 'offices'? That is a question not quite so easily answered. For a political community requires many officers; and not every one who is chosen by vote or by lot is to be regarded as a ruler. In the first place there are the priests, who must be distinguished from political officers; masters of choruses and heralds, even ambassadors, are elected by vote. Some duties of superintendence again are political, extending either to all the citizens in a single sphere of action, like the office of the general who superintends them when they are in the field, or to a section of them only, like the inspectorships of women or of youth. Other offices are concerned with household management, like that of the corn measurers who exist in many states and are elected officers. There are also menial offices which the rich have executed by their slaves. Speaking generally, those are to be called offices to which the duties are assigned of deliberating about certain measures and ofjudging and commanding, especially the last; for to command is the especial duty of a magistrate. But the question is not of any importance in practice; no one has ever brought into court the meaning of the word, although such problems have a speculative interest.

What kinds of offices, and how many, are necessary to the existence of a state, and which, if not necessary, yet conduce to its well being are much more important considerations, affecting all constitutions, but more especially small states. For in great states it is possible, and indeed necessary, that every office should have a special function; where the citizens are numerous, many may hold office. And so it happens that some offices a man holds a second time only after a long interval, and others he holds once only; and certainly every work is better done which receives the sole, and not the divided attention of the worker. But in small states it is necessary to combine many offices in a few hands, since the small number of citizens does not admit of many holding office: for who will there be to succeed them? And yet small states at times require the same offices and laws as large ones; the difference is that the one want them often, the others only after long intervals. Hence there is no reason why the care of many offices should not be imposed on the same person, for they will not interfere with each other. When the population is small, offices should be like the spits which also serve to hold a lamp. We must first ascertain how many magistrates are necessary in every state, and also how many are not exactly necessary, but are nevertheless useful, and then there will be no difficulty in seeing what offices can be combined in one. We should also know over which matters several local tribunals are to have jurisdiction, and in which authority should be centralized: for example, should one person keep order in the market and another in some other place, or should the same person be responsible everywhere? Again, should offices be divided according to the subjects with which they deal, or according to the persons with whom they deal: I mean to say, should one person see to good order in general, or one look after the boys, another after the women, and so on? Further, under different constitutions, should the magistrates be the same or different? For example, in democracy, oligarchy, aristocracy, monarchy, should there be the same magistrates, although they are elected, not out of equal or similar classes of citizen but differently under different constitutions -- in aristocracies, for example, they are chosen from the educated, in oligarchies from the wealthy, and in democracies from the free -- or are there certain differences in the offices answering to them as well, and may the same be suitable to some, but different offices to others? For in some states it may be convenient that the same office should have a more extensive, in other states a narrower sphere. Special offices are peculiar to certain forms of government: for example that of probuli, which is not a democratic office, although a bule or council is. There must be some body of men whose duty is to prepare measures for the people in order that they may not be diverted from their business; when these are few in number, the state inclines to an oligarchy: or rather the probuli must always be few, and are therefore an oligarchical element. But when both institutions exist in a state, the probuli are a check on the council; for the counselors is a democratic element, but the probuli are oligarchical. Even the power of the council disappears when democracy has taken that extreme form in which the people themselves are always meeting and deliberating about everything. This is the case when the members of the assembly receive abundant pay; for they have nothing to do and are always holding assemblies and deciding everything for themselves. A magistracy which controls the boys or the women, or any similar office, is suited to an aristocracy rather than to a democracy; for how can the magistrates prevent the wives of the poor from going out of doors? Neither is it an oligarchical office; for the wives of the oligarchs are too fine to be controlled.

Enough of these matters. I will now inquire into appointments to offices. The varieties depend on three terms, and the combinations of these give all possible modes: first, who appoints? secondly, from whom? and thirdly, how? Each of these three admits of three varieties: (A) All the citizens, or (B) only some, appoint. Either (1) the magistrates are chosen out of all or (2) out of some who are distinguished either by a property qualification, or by birth, or merit, or for some special reason, as at Megara only those were eligible who had returned from exile and fought together against the democracy. They may be appointed either (a) by vote or (b) by lot. Again, these several varieties may be coupled, I mean that (C) some officers may be elected by some, others by all, and (3) some again out of some, and others out of all, and (c) some by vote and others by lot. Each variety of these terms admits of four modes.

For either (A 1 a) all may appoint from all by vote, or (A 1 b) all from all by lot, or (A 2 a) all from some by vote, or (A 2 b) all from some by lot (and from all, either by sections, as, for example, by tribes, and wards, and phratries, until all the citizens have been gone through; or the citizens may be in all cases eligible indiscriminately); or again (A 1 c, A 2 c) to some offices in the one way, to some in the other. Again, if it is only some that appoint, they may do so either (B 1 a) from all by vote, or (B 1 b) from all by lot, or (B 2 a) from some by vote, or (B 2 b) from some by lot, or to some offices in the one way, to others in the other, i.e., (B 1 c) from all, to some offices by vote, to some by lot, and (B 2 C) from some, to some offices by vote, to some by lot. Thus the modes that arise, apart from two (C, 3) out of the three couplings, number twelve. Of these systems two are popular, that all should appoint from all (A 1 a) by vote or (A 1 b) by lot -- or (A 1 c) by both. That all should not appoint at once, but should appoint from all or from some either by lot or by vote or by both, or appoint to some offices from all and to others from some ('by both' meaning to some offices by lot, to others by vote), is characteristic of a polity. And (B 1 c) that some should appoint from all, to some offices by vote, to others by lot, is also characteristic of a polity, but more oligarchical than the former method. And (A 3 a, b, c, B 3 a, b, c) to appoint from both, to some offices from all, to others from some, is characteristic of a polity with a leaning towards aristocracy. That (B 2) some should appoint from some is oligarchical -- even (B 2 b) that some should appoint from some by lot (and if this does not actually occur, it is none the less oligarchical in character), or (B 2 C) that some should appoint from some by both. (B 1 a) that some should appoint from all, and (A 2 a) that all should appoint from some, by vote, is aristocratic.

These are the different modes of constituting magistrates, and these correspond to different forms of government: which are proper to which, or how they ought to be established, will be evident when we determine the nature of their powers. By powers I mean such powers as a magistrate exercises over the revenue or in defense of the country; for there are various kinds of power: the power of the general, for example, is not the same with that which regulates contracts in the market.

XVI

Of the three parts of government, the judicial remains to be considered, and this we shall divide on the same principle. There are three points on which the variedes of law-courts depend: The persons from whom they are appointed, the matters with which they are concerned, and the manner of their appointment. I mean, (1) are the judges taken from all, or from some only? (2) how many kinds of law-courts are there? (3) are the judges chosen by vote or by lot?

First, let me determine how many kinds of law-courts there are. There are eight in number: One is the court of audits or scrutinies; a second takes cognizance of ordinary offenses against the state; a third is concerned with treason against the constitution; the fourth determines disputes respecting penalties, whether raised by magistrates or by private persons; the fifth decides the more important civil cases; the sixth tries cases of homicide, which are of various kinds, (a) premeditated, (b) involuntary, (c) cases in which the guilt is confessed but the justice is disputed; and there may be a fourth court (d) in which murderers who have fled from justice are tried after their return; such as the Court of Phreatto is said to be at Athens. But cases of this sort rarely happen at all even in large cities. The different kinds of homicide may be tried either by the same or by different courts. (7) There are courts for strangers: of these there are two subdivisions, (a) for the settlement of their disputes with one another, (b) for the settlement of disputes between them and the citizens. And besides all these there must be (8) courts for small suits about sums of a drachma up to five drachmas, or a little more, which have to be determined, but they do not require many judges.

Nothing more need be said of these small suits, nor of the courts for homicide and for strangers: I would rather speak of political cases, which, when mismanaged, create division and disturbances in constitutions.

Now if all the citizens judge, in all the different cases which I have distinguished, they may be appointed by vote or by lot, or sometimes by lot and sometimes by vote. Or when a single class of causes are tried, the judges who decide them may be appointed, some by vote, and some by lot. These then are the four modes of appointing judges from the whole people, and there will be likewise four modes, if they are elected from a part only; for they may be appointed from some by vote and judge in all causes; or they may be appointed from some by lot and judge in all causes; or they may be elected in some cases by vote, and in some cases taken by lot, or some courts, even when judging the same causes, may be composed of members some appointed by vote and some by lot. These modes, then, as was said, answer to those previously mentioned.

Once more, the modes of appointment may be combined; I mean, that some may be chosen out of the whole people, others out of some, some out of both; for example, the same tribunal may be composed of some who were elected out of all, and of others who were elected out of some, either by vote or by lot or by both.

In how many forms law-courts can be established has now been considered. The first form, viz., that in which the judges are taken from all the citizens, and in which all causes are tried, is democratical; the second, which is composed of a few only who try all causes, oligarchical; the third, in which some courts are taken from all classes, and some from certain classes only, aristocratical and constitutional.


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