Politics: A Treatise on Government
by Aristotle
Book IV
CHAPTER I
In every art and science which is not conversant in parts but in some one genus in which it is complete, it is the business of that art alone to determine what is fitted to its particular genus; as what particular exercise is fitted to a certain particular body, and suits it best: for that body which is formed by nature the most perfect and superior to others necessarily requires the best exercise-and also of what one kind that must be which will suit the generality; and this is the business of the gymnastic arts: and although any one should not desire to acquire an exact knowledge and skill in these exercises, yet it is not, on that account, the less necessary that he who professes to be a master and instruct the youth in them should be perfect therein: and we see that this is what equally befalls the healing, shipbuilding, cloth-making, and indeed all other arts; so that it evidently belongs to the same art to find out what kind of government is best, and would of all others be most correspondent to our wish, while it received no molestation from without: and what particular species of it is adapted to particular persons; for there are many who probably are incapable of enjoying the best form: so that the legislator, and he who is truly a politician, ought to be acquainted not only with that which is most perfect imaginable, but also that which is the best suited to any given circumstances. There is, moreover, a third sort, an imaginary one, and he ought, if such a one should be presented to his consideration, to be able to discern what sort of one it would be at the beginning; and, when once established, what would be the proper means to preserve it a long time. I mean, for instance, if a state should happen not to have the best form of government, or be deficient in what was necessary, or not receive every advantage possible, but something less. And, besides all this, it is necessary to know what sort of government is best fitting for all cities: for most of those writers who have treated this subject, however speciously they may handle other parts of it, have failed in describing the practical parts: for it is not enough to be able to perceive what is best without it is what can be put in practice. It should also be simple, and easy for all to attain to. But some seek only the most subtile forms of government. Others again, choosing [1289a] rather to treat of what is common, censure those under which they live, and extol the excellence of a particular state, as the Lacedaemonian, or some other: but every legislator ought to establish such a form of government as from the present state and disposition of the people who are to receive it they will most readily submit to and persuade the community to partake of: for it is not a business of less trouble to correct the mistakes of an established government than to form a new one; as it is as difficult to recover what we have forgot as to learn anything afresh. He, therefore, who aspires to the character of a legislator, ought, besides all we have already said, to be able to correct the mistakes of a government already established, as we have before mentioned. But this is impossible to be done by him who does not know how many different forms of government there are: some persons think that there is only one species both of democracy and oligarchy; but this is not true: so that every one should be acquainted with the difference of these governments, how great they are, and whence they arise; and should have equal knowledge to perceive what laws are best, and what are most suitable to each particular government: for all laws are, and ought to be, framed agreeable to the state that is to be governed by them, and not the state to the laws: for government is a certain ordering in a state which particularly respects the magistrates in what manner they shall be regulated, and where the supreme power shall be placed; and what shall be the final object which each community shall have in view; but the laws are something different from what regulates and expresses the form of the constitution-it is their office to direct the conduct of the magistrate in the execution of his office and the punishment of offenders. From whence it is evident, that the founders of laws should attend both to the number and the different sorts of government; for it is impossible that the same laws should be calculated for all sorts of oligarchies and all sorts of democracies, for of both these governments there are many species, not one only.
CHAPTER II
Since, then, according to our first method in treating of the different forms of government, we have divided those which are regular into three sorts, the kingly, the aristocratical, the free states, and shown the three excesses which these are liable to: the kingly, of becoming tyrannical; the aristocratical, oligarchical; and the free state, democratical: and as we have already treated of the aristocratical and kingly; for to enter into an inquiry what sort of government is best is the same thing as to treat of these two expressly; for each of them desires to be established upon the principles of virtue: and as, moreover, we have already determined wherein a kingly power and an aristocracy differ from each other, and when a state may be said to be governed by a king, it now remains that we examine into a free state, and also these other governments, an oligarchy, a democracy, and a [1289b] tyranny; and it is evident of these three excesses which must be the worst of all, and which next to it; for, of course, the excesses of the best and most holy must be the worst; for it must necessarily happen either that the name of king only will remain, or else that the king will assume more power than belongs to him, from whence tyranny will arise, the worst excess imaginable, a government the most contrary possible to a free state. The excess next hurtful is an oligarchy; for an aristocracy differs much from this sort of government: that which is least so is a democracy. This subject has been already treated of by one of those writers who have gone before me, though his sentiments are not the same as mine: for he thought, that of all excellent constitutions, as a good oligarchy or the like, a democracy was the worst, but of all bad ones, the best. Now I affirm, that all these states have, without exception, fallen into excess; and also that he should not have said that one oligarchy was better than another, but that it was not quite so bad. But this question we shall not enter into at present. We shall first inquire how many different sorts of free states there are; since there are many species of democracies and oligarchies; and which of them is the most comprehensive, and most desirable after the best form of government; or if there is any other like an aristocracy, well established; and also which of these is best adapted to most cities, and which of them is preferable for particular persons: for, probably, some may suit better with an oligarchy than a democracy, and others better with a democracy than an oligarchy; and afterwards in what manner any one ought to proceed who desires to establish either of these states, I mean every species of democracy, and also of oligarchy. And to conclude, when we shall have briefly gone through everything that is necessary, we will endeavour to point out the sources of corruption, and stability, in government, as well those which are common to all as those which are peculiar to each state, and from what causes they chiefly arise.
CHAPTER III
The reason for there being many different sorts of governments is this, that each state consists of a great number of parts; for, in the first place, we see that all cities are made up of families: and again, of the multitude of these some must be rich, some poor, and others in the middle station; and that, both of the rich and poor, some will be used to arms, others not. We see also, that some of the common people are husbandmen, others attend the market, and others are artificers. There is also a difference between the nobles in their wealth, and the dignity in which they live: for instance, in the number of horses they breed; for this cannot be supported without a large fortune: for which reason, in former times, those cities whose strength consisted in horse became by that means oligarchies; and they used horse in their expeditions against the neighbouring cities; as the Eretrians the Chalcidians, the Magnetians, who lived near the river Meander, and many others in Asia. Moreover, besides the difference of fortune, there is that which arises from family and merit; or, if there are any other distinctions [1290a] which make part of the city, they have been already mentioned in treating of an aristocracy, for there we considered how many parts each city must necessarily be composed of; and sometimes each of these have a share in the government, sometimes a few, sometimes more. It is evident then, that there must be many forms of government, differing from each other in their particular constitution: for the parts of which they are composed each differ from the other. For government is the ordering of the magistracies of the state; and these the community share between themselves, either as they can attain them by force, or according to some common equality which there is amongst them, as poverty, wealth, or something which they both partake of. There must therefore necessarily be as many different forms of governments as there are different ranks in the society, arising from the superiority of some over others, and their different situations. And these seem chiefly to be two, as they say, of the winds: namely, the north and the south; and all the others are declinations from these. And thus in politics, there is the government of the many and the government of the few; or a democracy and an oligarchy: for an aristocracy may be considered as a species of oligarchy, as being also a government of the few; and what we call a free state may be considered as a democracy: as in the winds they consider the west as part of the north, and the east as part of the south: and thus it is in music, according to some, who say there are only two species of it, the Doric and the Phrygian, and all other species of composition they call after one of these names; and many people are accustomed to consider the nature of government in the same light; but it is both more convenient and more correspondent to truth to distinguish governments as I have done, into two species: one, of those which are established upon proper principles; of which there may be one or two sorts: the other, which includes all the different excesses of these; so that we may compare the best form of government to the most harmonious piece of music; the oligarchic and despotic to the more violent tunes; and the democratic to the soft and gentle airs.
CHAPTER IV
We ought not to define a democracy as some do, who say simply, that it is a government where the supreme power is lodged in the people; for even in oligarchies the supreme power is in the majority. Nor should they define an oligarchy a government where the supreme power is in the hands of a few: for let us suppose the number of a people to be thirteen hundred, and that of these one thousand were rich, who would not permit the three hundred poor to have any share in the government, although they were free, and their equal in everything else; no one would say, that this government was a democracy. In like manner, if the poor, when few in number, should acquire the power over the rich, though more than themselves, no one would say, that this was an oligarchy; nor this, when the rest who are rich have no share in the administration. We should rather say, that a democracy is when the supreme power is in the [1290b] hands of the freemen; an oligarchy, when it is in the hands of the rich: it happens indeed that in the one case the many will possess it, in the other the few; because there are many poor and few rich. And if the power of the state was to be distributed according to the size of the citizens, as they say it is in Ethiopia, or according to their beauty, it would be an oligarchy: for the number of those who are large and beautiful is small. Nor are those things which we have already mentioned alone sufficient to describe these states; for since there are many species both of a democracy and an oligarchy, the matter requires further consideration; as we cannot admit, that if a few persons who are free possess the supreme power over the many who are not free, that this government is a democracy: as in Apollonia, in Ionia, and in Thera: for in each of these cities the honours of the state belong to some few particular families, who first founded the colonies. Nor would the rich, because they are superior in numbers, form a democracy, as formerly at Colophon; for there the majority had large possessions before the Lydian war: but a democracy is a state where the freemen and the poor, being the majority, are invested with the power of the state. An oligarchy is a state where the rich and those of noble families, being few, possess it. We have now proved that there are various forms of government and have assigned a reason for it; and shall proceed to show that there are even more than these, and what they are, and why; setting out with the principle we have already laid down. We admit that every city consists not of one, but many parts: thus, if we should endeavour to comprehend the different species of animals we should first of all note those parts which every animal must have, as a certain sensorium, and also what is necessary to acquire and retain food, as a mouth and a belly; besides certain parts to enable it to move from place to place. If, then, these are the only parts of an animal and there are differences between them; namely, in their various sorts of stomachs, bellies, and sensoriums: to which we must add their motive powers; the number of the combinations of all these must necessarily make up the different species of animals. For it is not possible that the same kind of animal should have any very great difference in its mouth or ears; so that when all these are collected, who happen to have these things similar in all, they make up a species of animals of which there are as many as there are of these general combinations of necessary parts. The same thing is true of what are called states; for a city is not made of one but many parts, as has already been often said; one of which is those who supply it with provisions, called husbandmen, another called mechanics, [1291a] whose employment is in the manual arts, without which the city could not be inhabited; of these some are busied about what is absolutely necessary, others in what contribute to the elegancies and pleasures of life; the third sort are your exchange-men, I mean by these your buyers, sellers, merchants, and victuallers; the fourth are your hired labourers or workmen; the fifth are the men-at-arms, a rank not less useful than the other, without you would have the community slaves to every invader; but what cannot defend itself is unworthy of the name of a city; for a city is self-sufficient, a slave not. So that when Socrates, in Plato's Republic, says that a city is necessarily composed of four sorts of people, he speaks elegantly but not correctly, and these are, according to him, weavers, husbandmen, shoe-makers, and builders; he then adds, as if these were not sufficient, smiths, herdsmen for what cattle are necessary, and also merchants and victuallers, and these are by way of appendix to his first list; as if a city was established for necessity, and not happiness, or as if a shoe-maker and a husbandman were equally useful. He reckons not the military a part before the increase of territory and joining to the borders of the neighbouring powers will make war necessary: and even amongst them who compose his four divisions, or whoever have any connection with each other, it will be necessary to have some one to distribute justice, and determine between man and man. If, then, the mind is a more valuable part of man than the body, every one would wish to have those things more regarded in his city which tend to the advantage of these than common matters, such are war and justice; to which may be added council, which is the business of civil wisdom (nor is it of any consequence whether these different employments are filled by different persons or one, as the same man is oftentimes both a soldier and a husbandman): so that if both the judge and the senator are parts of the city, it necessarily follows that the soldier must be so also. The seventh sort are those who serve the public in expensive employments at their own charge: these are called the rich. The eighth are those who execute the different offices of the state, and without these it could not possibly subsist: it is therefore necessary that there should be some persons capable of governing and filling the places in the city; and this either for life or in rotation: the office of senator, and judge, of which we have already sufficiently treated, are the only ones remaining. If, then, these things are necessary for a state, that it may be happy and just, it follows that the citizens who engage in public affairs should be men of abilities therein. [1291b] Several persons think, that different employments may be allotted to the same person; as a soldier's, a husbandman's, and an artificer's; as also that others may be both senators and judges. Besides, every one supposes himself a man of political abilities, and that he is qualified for almost every department in the state. But the same person cannot at once be poor and rich: for which reason the most obvious division of the city is into two parts, the poor and rich; moreover, since for the generality the one are few, the other many, they seem of all the parts of a city most contrary to each other; so that as the one or the other prevail they form different states; and these are the democracy and the oligarchy. But that there are many different states, and from what causes they arise, has been already mentioned: and that there are also different species both of democracies and oligarchies we will now show. Though this indeed is evident from what we have already said: there are also many different sorts of common people, and also of those who are called gentlemen. Of the different sorts of the first are husbandmen, artificers, exchange-men, who are employed in buying and selling, seamen, of which some are engaged in war, some in traffic, some in carrying goods and passengers from place to place, others in fishing, and of each of these there are often many, as fishermen at Tarentum and Byzantium, masters of galleys at Athens, merchants at AEgina and Chios, those who let ships on freight at Tenedos; we may add to these those who live by their manual labour and have but little property; so that they cannot live without some employ: and also those who are not free-born on both sides, and whatever other sort of common people there may be. As for gentlemen, they are such as are distinguished either by their fortune, their birth, their abilities, or their education, or any such-like excellence which is attributed to them. The most pure democracy is that which is so called principally from that equality which prevails in it: for this is what the law in that state directs; that the poor shall be in no greater subjection than the rich; nor that the supreme power shall be lodged with either of these, but that both shall share it. For if liberty and equality, as some persons suppose, are chiefly to be found in a democracy, it must be most so by every department of government being alike open to all; but as the people are the majority, and what they vote is law, it follows that such a state must be a democracy. This, then, is one species thereof. Another is, when the magistrates are elected by a certain census; but this should be but small, and every one who was included in it should be eligible, but as soon as he was below it should lose that right. [1292a] Another sort is, in which every citizen who is not infamous has a share in the government, but where the government is in the laws. Another, where every citizen without exception has this right. Another is like these in other particulars, but there the people govern, and not the law: and this takes place when everything is determined by a majority of votes, and not by a law; which happens when the people are influenced by the demagogues: for where a democracy is governed by stated laws there is no room for them, but men of worth fill the first offices in the state: but where the power is not vested in the laws, there demagogues abound: for there the people rule with kingly power: the whole composing one body; for they are supreme, not as individuals but in their collective capacity. Homer also discommends the government of many; but whether he means this we are speaking of, or where each person exercises his power separately, is uncertain. When the people possess this power they desire to be altogether absolute, that they may not be under the control of the law, and this is the time when flatterers are held in repute. Nor is there any difference between such a people and monarchs in a tyranny: for their manners are the same, and they both hold a despotic power over better persons than themselves. For their decrees are like the others' edicts; their demagogues like the others' flatterers: but their greatest resemblance consists in the mutual support they give to each other, the flatterer to the tyrant, the demagogue to the people: and to them it is owing that the supreme power is lodged in the votes of the people, and not in the laws; for they bring everything before them, as their influence is owing to their being supreme whose opinions they entirely direct; for these are they whom the multitude obey. Besides, those who accuse the magistrates insist upon it, that the right of determining on their conduct lies in the people, who gladly receive their complaints as the means of destroying all their offices. Any one, therefore, may with great justice blame such a government as being a democracy, and not a free state; for where the government is not in the laws, then there is no free state, for the law ought to be supreme over all things; and particular incidents which arise should be determined by the magistrates or the state. If, therefore, a democracy is to be reckoned a free state, it is evident that any such establishment which centres all power in the votes of the people cannot, properly speaking, be a democracy: for their decrees cannot be general in their extent. Thus, then, we may describe the several species of democracies.
CHAPTER V
Of the different species of oligarchies one is, when the right to the offices is regulated by a certain census; so that the poor, although the majority, have no share in it; while all those who are included therein take part in the management of public affairs. Another sort is, when [1292b] the magistrates are men of very small fortune, who upon any vacancy do themselves fill it up: and if they do this out of the community at large, the state approaches to an aristocracy; if out of any particular class of people, it will be an oligarchy. Another sort of oligarchy is, when the power is an hereditary nobility. The fourth is, when the power is in the same hands as the other, but not under the control of law; and this sort of oligarchy exactly corresponds to a tyranny in monarchies, and to that particular species of democracies which I last mentioned in treating of that state: this has the particular name of a dynasty. These are the different sorts of oligarchies and democracies. It should also be known, that it often happens that a free state, where the supreme power is in the laws, may not be democratic, and yet in consequence of the established manners and customs of the people, may be governed as if it was; so, on the other hand, where the laws may countenance a more democratic form of government, these may make the state inclining to an oligarchy; and this chiefly happens when there has been any alteration in the government; for the people do not easily change, but love their own ancient customs; and it is by small degrees only that one thing takes place of another; so that the ancient laws will remain, while the power will be in the hands of those who have brought about a revolution in the state.
CHAPTER VI
It is evident from what has been said, that there are as many different sorts of democracies and oligarchies as I have reckoned up: for, of necessity, either all ranks of the people which I have enumerated must have a share in the government, or some only, and others not; for when the husbandmen, and those only who possess moderate fortunes, have the supreme power, they will govern according to law; for as they must get their livings by their employs, they have but little leisure for public business: they will therefore establish proper laws, and never call public assemblies but when there is a necessity for them; and they will readily let every one partake with them in the administration of public affairs as soon as they possess that fortune which the law requires for their qualification: every one, therefore, who is qualified will have his share in the government: for to exclude any would be to make the government an oligarchy, and for all to have leisure to attend without they had a subsistence would be impossible: for these reasons, therefore, this government is a species of democracy. Another species is distinguished by the mode of electing their magistrates, in which every one is eligible, to whose birth there are no objections, provided he is supposed to have leisure to attend: for which reason in such a democracy the supreme power will be vested in the laws, as there will be nothing paid to those who go to the public assemblies. A third species is where every freeman has a right to a share in the government, which he will not accept for the cause already assigned; for which reason here also the supreme power will be in the law. The fourth species [1293a] of democracy, the last which was established in order of time, arose when cities were greatly enlarged to what they were at first, and when the public revenue became something considerable; for then the populace, on account of their numbers, were admitted to share in the management of public affairs, for then even the poorest people were at leisure to attend to them, as they received wages for so doing; nay, they were more so than others, as they were not hindered by having anything of their own to mind, as the rich had; for which reason these last very often did not frequent the public assemblies and the courts of justice: thus the supreme power was lodged in the poor, and not in the laws. These are the different sorts of democracies, and such are the causes which necessarily gave birth to them. The first species of oligarchy is, when the generality of the state are men of moderate and not too large property; for this gives them leisure for the management of public affairs: and, as they are a numerous body, it necessarily follows that the supreme power must be in the laws, and not in men; for as they are far removed from a monarchical government, and have not sufficient fortune to neglect their private affairs, while they are too many to be supported by the public, they will of course determine to be governed by the laws, and not by each other. But if the men of property in the state are but few, and their property is large, then an oligarchy of the second sort will take place; for those who have most power will think that they have a right to lord it over the others; and, to accomplish this, they will associate to themselves some who have an inclination for public affairs, and as they are not powerful enough to govern without law, they will make a law for that purpose. And if those few who have large fortunes should acquire still greater power, the oligarchy will then alter into one of the third sort; for they will get all the offices of the state into their own hands by a law which directs the son to succeed upon the death of his father; and, after that, when, by means of their increasing wealth and powerful connections, they extend still further their oppression, a monarchical dynasty will directly succeed wherein men will be supreme, and not the law; and this is the fourth species of an oligarchy correspondent to the last-mentioned class of democracies.
CHAPTER VII
There are besides two other states, a democracy and an oligarchy, one of which all speak of, and it is always esteemed a species of the four sorts; and thus they reckon them up; a monarchy, an oligarchy, a democracy, and this fourth which they call an aristocracy. There is also a fifth, which bears a name that is also common to the other four, namely, a state: but as this is seldom to be met with, it has escaped those who have endeavoured to enumerate the different sorts of governments, which [1293b] they fix at four only, as does Plato in his Republic. An aristocracy, of which I have already treated in the first book, is rightly called so; for a state governed by the best men, upon the most virtuous principles, and not upon any hypothesis, which even good men may propose, has alone a right to be called an aristocracy, for it is there only that a man is at once a good man and a good citizen; while in other states men are good only relative to those states. Moreover, there are some other states which are called by the same name, that differ both from oligarchies and free states, wherein not only the rich but also the virtuous have a share in the administration; and have therefore acquired the name of aristocracies; for in those governments wherein virtue is not their common care, there are still men of worth and approved goodness. Whatever state, then, like the Carthaginians, favours the rich, the virtuous, and the citizens at large, is a sort of aristocracy: when only the two latter are held in esteem, as at Lacedaemon, and the state is jointly composed of these, it is a virtuous democracy. These are the two species of aristocracies after the first, which is the best of all governments. There is also a third, which is, whenever a free state inclines to the dominion of a few.
CHAPTER VIII
It now remains for us to treat of that government which is particularly called a free state, and also of a tyranny; and the reason for my choosing to place that free state here is, because this, as well as those aristocracies already mentioned, although they do not seem excesses, yet, to speak true, they have all departed from what a perfect government is. Nay, they are deviations both of them equally from other forms, as I said at the beginning. It is proper to mention a tyranny the last of all governments, for it is of all others the least like one: but as my intention is to treat of all governments in general, for this reason that also, as I have said, will be taken into consideration in its proper place. I shall now inquire into a free state and show what it is; and we shall the better understand its positive nature as we have already described an oligarchy and a democracy; for a free state is indeed nothing more than a mixture of them, and it has been usual to call those which incline most to a democracy, a free state; those which incline most to an oligarchy, an aristocracy, because those who are rich are generally men of family and education; besides, they enjoy those things which others are often guilty of crimes to procure: for which reason they are regarded as men of worth and honour and note. Since, then, it is the genius of an aristocracy to allot the larger part of the government to the best citizens, they therefore say, that an oligarchy is chiefly composed of those men who are worthy and honourable: now it [1294a] seems impossible that where the government is in the hands of the good, there the laws should not be good, but bad; or, on the contrary, that where the government is in the hands of the bad, there the laws should be good; nor is a government well constituted because the laws are, without at the same time care is taken that they are observed; for to enforce obedience to the laws which it makes is one proof of a good constitution in the state-another is, to have laws well calculated for those who are to abide by them; for if they are improper they must be obeyed: and this may be done two ways, either by their being the best relative to the particular state, or the best absolutely. An aristocracy seems most likely to confer the honours of the state on the virtuous; for virtue is the object of an aristocracy, riches of an oligarchy, and liberty of a democracy; for what is approved of by the majority will prevail in all or in each of these three different states; and that which seems good to most of those who compose the community will prevail: for what is called a state prevails in many communities, which aim at a mixture of rich and poor, riches and liberty: as for the rich, they are usually supposed to take the place of the worthy and honourable. As there are three things which claim an equal rank in the state, freedom, riches, and virtue (for as for the fourth, rank, it is an attendant on two of the others, for virtue and riches are the origin of family), it is evident, that the conjuncture of the rich and the poor make up a free state; but that all three tend to an aristocracy more than any other, except that which is truly so, which holds the first rank. We have already seen that there are governments different from a monarchy, a democracy, and an oligarchy; and what they are, and wherein they differ from each other; and also aristocracies and states properly so called, which are derived from them; and it is evident that these are not much unlike each other.
CHAPTER IX
We shall next proceed to show how that government which is peculiarly called a state arises alongside of democracy and oligarchy, and how it ought to be established; and this will at the same time show what are the proper boundaries of both these governments, for we must mark out wherein they differ from one another, and then from both these compose a state of such parts of each of them as will show from whence they were taken. There are three different ways in which two states may be blended and joined together; for, in the first place, all those rules may be adopted which the laws of each of them have ordered; as for instance in the judicial department, for in an oligarchy the rich are fined if they do not come to the court as jurymen, but the poor are not paid for their attendance; but in democracies they are, while the rich are not fined for their neglect. Now these things, as being common to both, are fit to be observed in a free [1294b] state which is composed of both. This, then, is one way in which they may be joined together. In the second place, a medium may be taken between the different methods which each state observes; for instance, in a democracy the right to vote in the public assembly is either confined by no census at all, or limited by a very small one; in an oligarchy none enjoy it but those whose census is high: therefore, as these two practices are contrary to each other, a census between each may be established in such a state. In the third place, different laws of each community may be adopted; as, for instance, as it seems correspondent to the nature of a democracy, that the magistrates should be chosen by lot, but an aristocracy by vote, and in the one state according to a census, but not in the other: let, then, an aristocracy and a free state copy something from each of them; let them follow an oligarchy in choosing their magistrates by vote, but a democracy in not admitting of any census, and thus blend together the different customs of the two governments. But the best proof of a happy mixture of a democracy and an oligarchy is this, when a person may properly call the same state a democracy and an oligarchy. It is evident that those who speak of it in this manner are induced to it because both these governments are there well blended together: and indeed this is common to all mediums, that the extremes of each side should be discerned therein, as at Lacedaemon; for many affirm that it is a democracy from the many particulars in which it follows that form of government; as for instance, in the first place, in the bringing up of their children, for the rich and poor are brought up in the same manner; and their education is such that the children of the poor may partake of it; and the same rules are observed when they are youths and men, there is no distinction between a rich person and a poor one; and in their public tables the same provision is served to all. The rich also wear only such clothes as the poorest man is able to purchase. Moreover, with respect to two magistracies of the highest rank, one they have a right to elect to, the other to fill; namely, the senate and the ephori. Others consider it as an oligarchy, the principles of which it follows in many things, as in choosing all their officers by vote, and not by lot; in there being but a few who have a right to sit in judgment on capital causes and the like. Indeed, a state which is well composed of two others ought to resemble them both, and neither, Such a state ought to have its means of preservation in itself, and not without; and when I say in itself, I do not mean that it should owe this to the forbearance of their neighbours, for this may happen to a bad government, but to every member of the community's not being willing that there should be the least alteration in their constitution. Such is the method in which a free state or aristocracy ought to be established.
CHAPTER X
It now remains to treat of a tyranny; not that there is [1295a] much to be said on that subject, but as it makes part of our plan, since we enumerated it amongst our different sorts of governments. In the beginning of this work we inquired into the nature of kingly government, and entered into a particular examination of what was most properly called so, and whether it was advantageous to a state or not, and what it should be, and how established; and we divided a tyranny into two pieces when we were upon this subject, because there is something analogous between this and a kingly government, for they are both of them established by law; for among some of the barbarians they elect a monarch with absolute power, and formerly among the Greeks there were some such, whom they called sesumnetes. Now these differ from each other; for some possess only kingly power regulated by law, and rule those who voluntarily submit to their government; others rule despotically according to their own will. There is a third species of tyranny, most properly so called, which is the very opposite to kingly power; for this is the government of one who rules over his equals and superiors without being accountable for his conduct, and whose object is his own advantage, and not the advantage of those he governs; for which reason he rules by compulsion, for no freemen will ever willingly submit to such a government. These are the different species of tyrannies, their principles, and their causes.
CHAPTER XI
We proceed now to inquire what form of government and what manner of life is best for communities in general, not adapting it to that superior virtue which is above the reach of the vulgar, or that education which every advantage of nature and fortune only can furnish, nor to those imaginary plans which may be formed at pleasure; but to that mode of life which the greater part of mankind can attain to, and that government which most cities may establish: for as to those aristocracies which we have now mentioned, they are either too perfect for a state to support, or one so nearly alike to that state we now going to inquire into, that we shall treat of them both as one. The opinions which we form upon these subjects must depend upon one common principle: for if what I have said in my treatise on Morals is true, a happy life must arise from an uninterrupted course of virtue; and if virtue consists in a certain medium, the middle life must certainly be the happiest; which medium is attainable [1295b] by every one. The boundaries of virtue and vice in the state must also necessarily be the same as in a private person; for the form of government is the life of the city. In every city the people are divided into three sorts; the very rich, the very poor, and those who are between them. If this is universally admitted, that the mean is best, it is evident that even in point of fortune mediocrity is to be preferred; for that state is most submissive to reason; for those who are very handsome, or very strong, or very noble, or very rich; or, on the contrary; those who are very poor, or very weak, or very mean, with difficulty obey it; for the one are capricious and greatly flagitious, the other rascally and mean, the crimes of each arising from their different excesses: nor will they go through the different offices of the state; which is detrimental to it: besides, those who excel in strength, in riches, or friends, or the like, neither know how nor are willing to submit to command: and this begins at home when they are boys; for there they are brought up too delicately to be accustomed to obey their preceptors: as for the very poor, their general and excessive want of what the rich enjoy reduces them to a state too mean: so that the one know not how to command, but to be commanded as slaves, the others know not how to submit to any command, nor to command themselves but with despotic power. A city composed of such men must therefore consist of slaves and masters, not freemen; where one party must hate, and the other despise, where there could be no possibility of friendship or political community: for community supposes affection; for we do not even on the road associate with our enemies. It is also the genius of a city to be composed as much as possible of equals; which will be most so when the inhabitants are in the middle state: from whence it follows, that that city must be best framed which is composed of those whom we say are naturally its proper members. It is men of this station also who will be best assured of safety and protection; for they will neither covet what belongs to others, as the poor do; nor will others covet what is theirs, as the poor do what belongs to the rich; and thus, without plotting against any one, or having any one plot against them, they will live free from danger: for which reason Phocylides wisely wishes for the middle state, as being most productive of happiness. It is plain, then, that the most perfect political community must be amongst those who are in the middle rank, and those states are best instituted wherein these are a larger and more respectable part, if possible, than both the other; or, if that cannot be, at least than either of them separate; so that being thrown into the balance it may prevent either scale from preponderating. It is therefore the greatest happiness which the citizens can enjoy to possess a moderate and convenient fortune; for when some possess too much, and others nothing at [1296a] all, the government must either be in the hands of the meanest rabble or else a pure oligarchy; or, from the excesses of both, a tyranny; for this arises from a headstrong democracy or an oligarchy, but very seldom when the members of the community are nearly on an equality with each other. We will assign a reason for this when we come to treat of the alterations which different states are likely to undergo. The middle state is therefore best, as being least liable to those seditions and insurrections which disturb the community; and for the same reason extensive governments are least liable to these inconveniences; for there those in a middle state are very numerous, whereas in small ones it is easy to pass to the two extremes, so as hardly to have any in a medium remaining, but the one half rich, the other poor: and from the same principle it is that democracies are more firmly established and of longer continuance than oligarchies; but even in those when there is a want of a proper number of men of middling fortune, the poor extend their power too far, abuses arise, and the government is soon at an end. We ought to consider as a proof of what I now advance, that the best lawgivers themselves were those in the middle rank of life, amongst whom was Solon, as is evident from his poems, and Lycurgus, for he was not a king, and Charondas, and indeed most others. What has been said will show us why of so many free states some have changed to democracies, others to oligarchies: for whenever the number of those in the middle state has been too small, those who were the more numerous, whether the rich or the poor, always overpowered them and assumed to themselves the administration of public affairs; from hence arose either a democracy or an oligarchy. Moreover, when in consequence of their disputes and quarrels with each other, either the rich get the better of the poor, or the poor of the rich, neither of them will establish a free state; but, as the record of their victory, one which inclines to their own principles, and form either a democracy or an oligarchy. Those who made conquests in Greece, having all of them an eye to the respective forms of government in their own cities, established either democracies or oligarchies, not considering what was serviceable to the state, but what was similar to their own; for which reason a government has never been established where the supreme power has been placed amongst those of the middling rank, or very seldom; and, amongst a few, one man only of those who have yet been conquerors has been persuaded to give the preference to this order of [1296b] men: it is indeed an established custom with the inhabitants of most cities not to desire an equality, but either to aspire to govern, or when they are conquered, to submit. Thus we have shown what the best state is, and why. It will not be difficult to perceive of the many states which there are, for we have seen that there are various forms both of democracies and oligarchies, to which we should give the first place, to which the second, and in the same manner the next also; and to observe what are the particular excellences and defects of each, after we have first described the best possible; for that must be the best which is nearest to this, that worst which is most distant from the medium, without any one has a particular plan of his own which he judges by. I mean by this, that it may happen, that although one form of government may be better than another, yet there is no reason to prevent another from being preferable thereunto in particular circumstances and for particular purposes.
CHAPTER XII
After what has been said, it follows that we should now show what particular form of government is most suitable for particular persons; first laying this down as a general maxim, that that party which desires to support the actual administration of the state ought always to be superior to that which would alter it. Every city is made up of quality and quantity: by quality I mean liberty, riches, education, and family, and by quantity its relative populousness: now it may happen that quality may exist in one of those parts of which the city is composed, and quantity in another; thus the number of the ignoble may be greater than the number of those of family, the number of the poor than that of the rich; but not so that the quantity of the one shall overbalance the quality of the other; those must be properly adjusted to each other; for where the number of the poor exceeds the proportion we have mentioned, there a democracy will rise up, and if the husbandry should have more power than others, it will be a democracy of husbandmen; and the democracy will be a particular species according to that class of men which may happen to be most numerous: thus, should these be the husbandmen, it will be of these, and the best; if of mechanics and those who hire themselves out, the worst possible: in the same manner it may be of any other set between these two. But when the rich and the noble prevail more by their quality than they are deficient in quantity, there an oligarchy ensues; and this oligarchy may be of different species, according to the nature of the prevailing party. Every legislator in framing his constitution ought to have a particular regard to those in the middle rank of life; and if he intends an oligarchy, these should be the object of his laws; if a democracy, to these they should be entrusted; and whenever their number exceeds that of the two others, or at least one of them, they give [1297a] stability to the constitution; for there is no fear that the rich and the poor should agree to conspire together against them, for neither of these will choose to serve the other. If any one would choose to fix the administration on the widest basis, he will find none preferable to this; for to rule by turns is what the rich and the poor will not submit to, on account of their hatred to each other. It is, moreover, allowed that an arbitrator is the most proper person for both parties to trust to; now this arbitrator is the middle rank. Those who would establish aristocratical governments are mistaken not only in giving too much power to the rich, but also in deceiving the common people; for at last, instead of an imaginary good, they must feel a real evil, for the encroachments of the rich are more destructive to the state than those of the poor.
CHAPTER XIII
There are five particulars in which, under fair pretences, the rich craftily endeavour to undermine the rights of the people, these are their public assemblies, their offices of state, their courts of justice, their military power, and their gymnastic exercises. With respect to their public assemblies, in having them open to all, but in fining the rich only, or others very little, for not attending; with respect to offices, in permitting the poor to swear off, but not granting this indulgence to those who are within the census; with respect to their courts of justice, in fining the rich for non-attendance, but the poor not at all, or those a great deal, and these very little, as was done by the laws of Charondas. In some places every citizen who was enrolled had a right to attend the public assemblies and to try causes; which if they did not do, a very heavy fine was laid upon them; that through fear of the fine they might avoid being enrolled, as they were then obliged to do neither the one nor the other. The same spirit of legislation prevailed with respect to their bearing arms and their gymnastic exercises; for the poor are excused if they have no arms, but the rich are fined; the same method takes place if they do not attend their gymnastic exercises, there is no penalty on one, but there is on the other: the consequence of which is, that the fear of this penalty induces the rich to keep the one and attend the other, while the poor do neither. These are the deceitful contrivances of oligarchical legislators. The contrary prevails in a democracy; for there they make the poor a proper allowance for attending the assemblies and the courts, but give the rich nothing for doing it: whence it is evident, that if any one would properly blend these customs together, they must extend both the pay and the fine to every member of the community, and then every one would share in it, whereas part only now do. The citizens of a free state ought to [1297b] consist of those only who bear arms: with respect to their census it is not easy to determine exactly what it ought to be, but the rule that should direct upon this subject should be to make it as extensive as possible, so that those who are enrolled in it make up a greater part of the people than those who are not; for those who are poor, although they partake not of the offices of the state, are willing to live quiet, provided that no one disturbs them in their property: but this is not an easy matter; for it may not always happen, that those who are at the head of public affairs are of a humane behaviour. In time of war the poor are accustomed to show no alacrity without they have provisions found them; when they have, then indeed they are willing to fight. In some governments the power is vested not only in those who bear arms, but also in those who have borne them. Among the Malienses the state was composed of these latter only, for all the officers were soldiers who had served their time. And the first states in Greece which succeeded those where kingly power was established, were governed by the military. First of all the horse, for at that time the strength and excellence of the army depended on the horse, for as to the heavy-armed foot they were useless without proper discipline; but the art of tactics was not known to the ancients, for which reason their strength lay in their horse: but when cities grew larger, and they depended more on their foot, greater numbers partook of the freedom of the city; for which reason what we call republics were formerly called democracies. The ancient governments were properly oligarchies or kingdoms; for on account of the few persons in each state, it would have been impossible to have found a sufficient number of the middle rank; so these being but few, and those used to subordination, they more easily submitted to be governed. We have now shown why there are many sorts of governments, and others different from those we have treated of: for there are more species of democracies than one, and the like is true of other forms, and what are their differences, and whence they arise; and also of all others which is the best, at least in general; and which is best suited for particular people.
CHAPTER XIV
We will now proceed to make some general reflections upon the governments next in order, and also to consider each of them in particular; beginning with those principles which appertain to each: now there are three things in all states which a careful legislator ought well to consider, which are of great consequence to all, and which properly attended to the state must necessarily be happy; and according to the variation of which the one will differ from the other. The first of these is the [1298a] public assembly; the second the officers of the state, that is, who they ought to be, and with what power they should be entrusted, and in what manner they should be appointed; the third, the judicial department. Now it is the proper business of the public assembly to determine concerning war and peace, making or breaking off alliances, to enact laws, to sentence to death, banishment, or confiscation of goods, and to call the magistrates to account for their behaviour when in office. Now these powers must necessarily be entrusted to the citizens in general, or all of them to some; either to one magistrate or more; or some to one, and some to another, or some to all, but others to some: to entrust all to all is in the spirit of a democracy, for the people aim at equality. There are many methods of delegating these powers to the citizens at large, one of which is to let them execute them by turn, and not altogether, as was done by Tellecles, the Milesian, in his state. In others the supreme council is composed of the different magistrates, and they succeed to the offices of the community by proper divisions of tribes, wards, and other very small proportions, till every one in his turn goes through them: nor does the whole community ever meet together, without it is when new laws are enacted, or some national affair is debated, or to hear what the magistrates have to propose to them. Another method is for the people to meet in a collective body, but only for the purpose of holding the comitia, making laws, determining concerning war or peace, and inquiring into the conduct of their magistrates, while the remaining part of the public business is conducted by the magistrates, who have their separate departments, and are chosen out of the whole community either by vote or ballot. Another method is for the people in general to meet for the choice of the magistrates, and to examine into their conduct; and also to deliberate concerning war and alliances, and to leave other things to the magistrates, whoever happen to be chosen, whose particular employments are such as necessarily require persons well skilled therein. A fourth method is for every person to deliberate upon every subject in public assembly, where the magistrates can determine nothing of themselves, and have only the privilege of giving their opinions first; and this is the method of the most pure democracy, which is analogous to the proceedings in a dynastic oligarchy and a tyrannic monarchy. These, then, are the methods in which public business is conducted in a democracy. When the power is in the hands of part of the community only, it is an oligarchy and this also admits of different customs; for whenever the officers of the state are chosen out of those who have a moderate fortune, and these from that circumstance are many, and when they depart not from that line which the law has laid down, but carefully follow it, and when all within the census are eligible, certainly it is then an oligarchy, but founded on true principles of government [1298b] from its moderation. When the people in general do not partake of the deliberative power, but certain persons chosen for that purpose, who govern according to law; this also, like the first, is an oligarchy. When those who have the deliberative power elect each other, and the son succeeds to the father, and when they can supersede the laws, such a government is of necessity a strict oligarchy. When some persons determine on one thing, and others on another, as war and peace, and when all inquire into the conduct of their magistrates, and other things are left to different officers, elected either by vote or lot, then the government is an aristocracy or a free state. When some are chosen by vote and others by lot, and these either from the people in general, or from a certain number elected for that purpose, or if both the votes and the lots are open to all, such a state is partly an aristocracy, partly a free government itself. These are the different methods in which the deliberative power is vested in different states, all of whom follow some regulation here laid down. It is advantageous to a democracy, in the present sense of the word, by which I mean a state wherein the people at large have a supreme power, even over the laws, to hold frequent public assemblies; and it will be best in this particular to imitate the example of oligarchies in their courts of justice; for they fine those who are appointed to try causes if they do not attend, so should they reward the poor for coming to the public assemblies: and their counsels will be best when all advise with each other, the citizens with the nobles, the nobles with the citizens. It is also advisable when the council is to be composed of part of the citizens, to elect, either by vote or lot, an equal number of both ranks. It is also proper, if the common people in the state are very numerous, either not to pay every one for his attendance, but such a number only as will make them equal to the nobles, or to reject many of them by lot. In an oligarchy they should either call up some of the common people to the council, or else establish a court, as is done in some other states, whom they call pre-advisers or guardians of the laws, whose business should be to propose first what they should afterwards enact. By this means the people would have a place in the administration of public affairs, without having it in their power to occasion any disorder in the government. Moreover, the people may be allowed to have a vote in whatever bill is proposed, but may not themselves propose anything contrary thereto; or they may give their advice, while the power of determining may be with the magistrates only. It is also necessary to follow a contrary practice to what is established in democracies, for the people should be allowed the power of pardoning, but not of condemning, for the cause should be referred back again to the magistrates: whereas the contrary takes place in republics; for the power of pardoning is with the few, but not of condemning, which is always referred [1299a] to the people at large. And thus we determine concerning the deliberative power in any state, and in whose hands it shall be.
CHAPTER XV
We now proceed to consider the choice of magistrates; for this branch of public business contains many different Parts, as how many there shall be, what shall be their particular office, and with respect to time how long each of them shall continue in place; for some make it six months, others shorter, others for a year, others for a much longer time; or whether they should be perpetual or for a long time, or neither; for the same person may fill the same office several times, or he may not be allowed to enjoy it even twice, but only once: and also with respect to the appointment of magistrates, who are to be eligible, who is to choose them, and in what manner; for in all these particulars we ought properly to distinguish the different ways which may be followed; and then to show which of these is best suited to such and such governments. Now it is not easy to determine to whom we ought properly to give the name of magistrate, for a government requires many persons in office; but every one of those who is either chosen by vote or lot is not to be reckoned a magistrate. The priests, for instance, in the first place; for these are to be considered as very different from civil magistrates: to these we may add the choregi and heralds; nay, even ambassadors are elected: there are some civil employments which belong to the citizens; and these are either when they are all engaged in one thing, as when as soldiers they obey their general, or when part of them only are, as in governing the women or educating the youth; and also some economic, for they often elect corn-meters: others are servile, and in which, if they are rich, they employ slaves. But indeed they are most properly called magistrates, who are members of the deliberative council, or decide causes, or are in some command, the last more especially, for to command is peculiar to magistrates. But to speak truth, this question is of no great consequence, nor is it the province of the judges to decide between those who dispute about words; it may indeed be an object of speculative inquiry; but to inquire what officers are necessary in a state, and how many, and what, though not most necessary, may yet be advantageous in a well-established government, is a much more useful employment, and this with respect to all states in general, as well as to small cities. In extensive governments it is proper to allot one employment to one person, as there are many to serve the public in so numerous a society, where some may be passed over for a long time, and others never be in office but once; and indeed everything is better done which has the whole attention of one person, than when that [1299b] attention is divided amongst many; but in small states it is necessary that a few of the citizens should execute many employments; for their numbers are so small it will not be convenient to have many of them in office at the same time; for where shall we find others to succeed them in turn? Small states will sometimes want the same magistrates and the same laws as large ones; but the one will not want to employ them so often as the other; so that different charges may be intrusted to the same person without any inconvenience, for they will not interfere with each other, and for want of sufficient members in the community it will be necessary. If we could tell how many magistrates are necessary in every city, and how many, though not necessary, it is yet proper to have, we could then the better know how many different offices one might assign to one magistrate. It is also necessary to know what tribunals in different places should have different things under their jurisdiction, and also what things should always come under the cognisance of the same magistrate; as, for instance, decency of manners, shall the clerk of the market take cognisance of that if the cause arises in the market, and another magistrate in another place, or the same magistrate everywhere: or shall there be a distinction made of the fact, or the parties? as, for instance, in decency of manners, shall it be one cause when it relates to a man, another when it relates to a woman? In different states shall the magistrates be different or the same? I mean, whether in a democracy, an oligarchy, an aristocracy, and a monarchy, the same persons shall have the same power? or shall it vary according to the different formation of the government? as in an aristocracy the offices of the state are allotted to those who are well educated; in an oligarchy to those who are rich; in a democracy to the freemen? Or shall the magistrates differ as the communities differ? For it may happen that the very same may be sometimes proper, sometimes otherwise: in this state it may be necessary that the magistrate have great powers, in that but small. There are also certain magistrates peculiar to certain states—as the pre-advisers are not proper in a democracy, but a senate is; for one such order is necessary, whose business shall be to consider beforehand and prepare those bills which shall be brought before the people that they may have leisure to attend to their own affairs; and when these are few in number the state inclines to an oligarchy. The pre-advisers indeed must always be few for they are peculiar to an oligarchy: and where there are both these offices in the same state, the pre-adviser's is superior to the senator's, the one having only a democratical power, the other an oligarchical: and indeed the [1300a] power of the senate is lost in those democracies, in which the people, meeting in one public assembly, take all the business into their own hands; and this is likely to happen either when the community in general are in easy circumstances, or when they are paid for their attendance; for they are then at leisure often to meet together and determine everything for themselves. A magistrate whose business is to control the manners of the boys, or women, or who takes any department similar to this, is to be found in an aristocracy, not in a democracy; for who can forbid the wives of the poor from appearing in public? neither is such a one to be met with in an oligarchy; for the women there are too delicate to bear control. And thus much for this subject. Let us endeavour to treat at large of the establishment of magistrates, beginning from first principles. Now, they differ from each other in three ways, from which, blended together, all the varieties which can be imagined arise. The first of these differences is in those who appoint the magistrates, the second consists in those who are appointed, the third in the mode of appointment; and each of these three differ in three manners; for either all the citizens may appoint collectively, or some out of their whole body, or some out of a particular order in it, according to fortune, family, or virtue, or some other rule (as at Megara, where the right of election was amongst those who had returned together to their country, and had reinstated themselves by force of arms) and this either by vote or lot. Again, these several modes may be differently formed together, as some magistrates may be chosen by part of the community, others by the whole; some out of part, others out of the whole; some by vote, others by lot: and each of these different modes admit of a four-fold subdivision; for either all may elect all by vote or by lot; and when all elect, they may either proceed without any distinction, or they may elect by a certain division of tribes, wards, or companies, till they have gone through the whole community: and some magistrates may be elected one way, and others another. Again, if some magistrates are elected either by vote or lot of all the citizens, or by the vote of some and the lot of some, or some one way and some another; that is to say, some by the vote of all, others by the lot of all, there will then be twelve different methods of electing the magistrates, without blending the two together. Of these there are two adapted to a democracy; namely, to have all the magistrates chosen out of all the people, either by vote or lot, or both; that is to say, some of them by lot, some by vote. In a free state the whole community should not elect at the same time, but some out of the whole, or out of some particular rank; and this either by lot, or vote, or both: and they should elect either out of the whole community, or out of some particular persons in it, and this both by lot and vote. In an oligarchy it is proper to choose some magistrates out of the whole body of the citizens, some by vote, some by lot, others by both: by lot is most correspondent to that form of government. In a free aristocracy, some magistrates [1300b] should be chosen out of the community in general, others out of a particular rank, or these by choice, those by lot. In a pure oligarchy, the magistrates should be chosen out of certain ranks, and by certain persons, and some of those by lot, others by both methods; but to choose them out of the whole community is not correspondent to the nature of this government. It is proper in an aristocracy for the whole community to elect their magistrates out of particular persons, and this by vote. These then are all the different ways of electing of magistrates; and they have been allotted according to the nature of the different communities; but what mode of proceeding is proper for different communities, or how the offices ought to be established, or with what powers shall be particularly explained. I mean by the powers of a magistrate, what should be his particular province, as the management of the finances or the laws of the state; for different magistrates have different powers, as that of the general of the army differs from the clerk of the market.
CHAPTER XVI
Of the three parts of which a government is formed, we now come to consider the judicial; and this also we shall divide in the same manner as we did the magisterial, into three parts. Of whom the judges shall consist, and for what causes, and how. When I say of whom, I mean whether they shall be the whole people, or some particulars; by for what causes I mean, how many different courts shall be appointed; by how, whether they shall be elected by vote or lot. Let us first determine how many different courts there ought to be. Now these are eight. The first of these is the court of inspection over the behaviour of the magistrates when they have quitted their office; the second is to punish those who have injured the public; the third is to take cognisance of those causes in which the state is a party; the fourth is to decide between magistrates and private persons, who appeal from a fine laid upon them; the fifth is to determine disputes which may arise concerning contracts of great value; the sixth is to judge between foreigners, and of murders, of which there are different species; and these may all be tried by the same judges or by different ones; for there are murders of malice prepense and of chance-medley; there is also justifiable homicide, where the fact is admitted, and the legality of it disputed. There is also another court called at Athens the Court of Phreattae, which determines points relating to a murder committed by one who has run away, to decide whether he shall return; though such an affair happens but seldom, and in very large cities; the seventh, to determine causes wherein strangers are concerned, and this whether they are between stranger and stranger or between a stranger and a citizen. The eighth and last is for small actions, from one to five drachma's, or a little more; for these ought also to be legally determined, but not to be brought before the whole body of the judges. But without entering into any particulars concerning actions for murder, and those wherein strangers are the parties, let us particularly treat of those courts which have the jurisdiction of those matters which more particularly relate to the affairs of the community and which if not well conducted occasion seditions and commotions in the state. Now, of necessity, either all persons must have a right to judge of all these different causes, appointed for that purpose, either by vote or lot, or all of all, some of them by vote, and others by lot, or in some causes by vote, in others by lot. Thus there will be four sorts of judges. There [1301a] will be just the same number also if they are chosen out of part of the people only; for either all the judges must be chosen out of that part either by vote or lot, or some by lot and some by vote, or the judges in particular causes must be chosen some by vote, others by lot; by which means there will be the same number of them also as was mentioned. Besides, different judges may be joined together; I mean those who are chosen out of the whole people or part of them or both; so that all three may sit together in the same court, and this either by vote, lot, or both. And thus much for the different sorts of judges. Of these appointments that which admits all the community to be judges in all causes is most suitable to a democracy; the second, which appoints that certain persons shall judge all causes, to an oligarchy; the third, which appoints the whole community to be judges in some causes, but particular persons in others, to an aristocracy or free state.
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