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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.
We have now gone through those particulars we proposed to speak of; it remains that we next consider from what causes and how alterations in government arise, and of what nature they are, and to what the destruction of each state is owing; and also to what form any form of polity is most likely to shift into, and what are the means to be used for the general preservation of governments, as well as what are applicable to any particular state; and also of the remedies which are to be applied either to all in general, or to any one considered separately, when they are in a state of corruption: and here we ought first to lay down this principle, that there are many governments, all of which approve of what is just and what is analogically equal; and yet have failed from attaining thereunto, as we have already mentioned; thus democracies have arisen from supposing that those who are equal in one thing are so in every other circumstance; as, because they are equal in liberty, they are equal in everything else; and oligarchies, from supposing that those who are unequal in one thing are unequal in all; that when men are so in point of fortune, that inequality extends to everything else. Hence it follows, that those who in some respects are equal with others think it right to endeavour to partake of an equality with them in everything; and those who are superior to others endeavour to get still more; and it is this more which is the inequality: thus most states, though they have some notion of what is just, yet are almost totally wrong; and, upon this account, when either party has not that share in the administration which answers to his expectations, he becomes seditious: but those who of all others have the greatest right to be so are the last that are; namely, those who excel in virtue; for they alone can be called generally superior. There are, too, some persons of distinguished families who, because they are so, disdain to be on an equality with others, for those esteem themselves noble who boast of their ancestors' merit and fortune: these, to speak truth, are the origin and fountain from whence seditions arise. The alterations which men may propose to make in governments are two; for either they may change the state already established into some other, as when they propose to erect an oligarchy where there is a democracy; or a democracy, or free state, where there is an oligarchy, or an aristocracy from these, or those from that; or else, when they have no objection to the established government, which they like very well, but choose to have the sole management in it themselves; either in the hands of a few or one only. They will also raise commotions concerning the degree in which they would have the established power; as if, for instance, the government is an oligarchy, to have it more purely so, and in the same manner if it is a democracy, or else to have it less so; and, in like manner, whatever may be the nature of the government, either to extend or contract its powers; or else to make some alterations in some parts of it; as to establish or abolish a particular magistracy, as some persons say Lysander endeavoured to abolish the kingly power in Sparta; and Pausanias that of the ephori. Thus in Epidamnus there was an alteration in one part of the constitution, for instead of the philarchi they established a senate. It is also necessary for all the magistrates at Athens; to attend in the court of the Helisea when any new magistrate is created: the power of the archon also in that state partakes of the nature of an oligarchy: inequality is always the occasion of sedition, but not when those who are unequal are treated in a different manner correspondent to that inequality. Thus kingly power is unequal when exercised over equals. Upon the whole, those who aim after an equality are the cause of seditions. Equality is twofold, either in number or value. Equality in number is when two things contain the same parts or the same quantity; equality in value is by proportion as two exceeds one, and three two by the same number-thus by proportion four exceeds two, and two one in the same degree, for two is the same part of four that one is of two; that is to say, half. Now, all agree in what is absolutely and simply just; but, as we have already said they dispute concerning proportionate value; for some persons, if they are equal in one respect, think themselves equal in all; others, if they are superior in one thing, think they may claim the superiority in all; from whence chiefly arise two sorts of governments, a democracy and an oligarchy; for nobility and virtue are to be found only [1302a] amongst a few; the contrary amongst the many; there being in no place a hundred of the first to be met with, but enough of the last everywhere. But to establish a government entirely upon either of these equalities is wrong, and this the example of those so established makes evident, for none of them have been stable; and for this reason, that it is impossible that whatever is wrong at the first and in its principles should not at last meet with a bad end: for which reason in some things an equality of numbers ought to take place, in others an equality in value. However, a democracy is safer and less liable to sedition than an oligarchy; for in this latter it may arise from two causes, for either the few in power may conspire against each other or against the people; but in a democracy only one; namely, against the few who aim at exclusive power; but there is no instance worth speaking of, of a sedition of the people against themselves. Moreover, a government composed of men of moderate fortunes comes much nearer to a democracy than an oligarchy, and is the safest of all such states.