[1299a] Let us then decide in this manner about the deliberative body, which in fact is the sovereign power in the constitution.
[loeb_section_12] [loeb_subsection_1] Connected with this subject is the determination in regard to the magistracies (for this part of the constitution also has many varieties), how many magistracies there are to be, and what are to be their powers, and what their various periods of tenure (for some people make their magistracies tenable for six months, others for less, others for a year and others for a longer period)—shall the magistracies be for life or for a long period, or if for a shorter term shall the same people be allowed to hold them several times or not the same man twice but once only? [loeb_subsection_2] and also as to the appointment of magistrates, who shall be eligible, who the electors, and what the mode of election? For on all these points it is needful to be able to determine how many modes of procedure are possible, and then to settle what modes are expedient for what sorts of constitution. Nor is it easy to decide to what kinds of office the name of magistracy ought to be applied; for the political community requires a great many officials, owing to which it is not proper to reckon all of them magistrates, whether elected by vote or by lot,—for instance first the priests (for this office must be considered as something different from the political magistracies), and again there are leaders of choruses, and heralds, and persons are also elected as ambassadors. [loeb_subsection_3] And of the offices exercising superintendence some are political, and are exercised either over the whole of the citizens in regard to some operation—for instance ageneral superintends them when serving as soldiers, or over a section—for instance the superintendent of women or of children; while others are economic (for states often elect officers to dole out cornDistributions of corn were made at times of scarcity, or when the state had received a present of corn.); and others are subordinate, and are the sort of services to which people when well off appoint slaves. But the title of magistracy, to put it simply, is chiefly to be applied to all those offices to which have been assigned the duties of deliberating about certain matters and of acting as judges and of issuing orders, and especially the last, for to give orders is most characteristic of authority. But this question is of virtually no practical importance (for no decision has yet been given, our discussion being merely about the name), although it does admit of some further inquiry of a speculative kind. [loeb_subsection_4] On the other hand the questions what kinds and what number of magistracies are necessary to constitute a state at all, and what kinds although not necessary are advantageous for a good constitution, are questions that might preferablybe discussed, both indeed as regards every form of constitution and particularly in regard to the small states. For it is true that in the large states it is possible and proper for one magistracy to be assigned to one function (for the large number of the citizens makes it possible for many people to enter on an official career, so as to intermit their tenure of some offices for a long time and to hold others only once, and also every task is better attended to if the attention is directed to one thing only than if it is busy with many);
[1299b] [loeb_subsection_5] but in the small states it is inevitable that many offices must be gathered into few hands (for owing to shortage of manpower it is not easy for many people to be in office, since who will take over the posts as their successors?). But sometimes small states require the same magistracies and laws as large ones except that the latter require the same persons to serve often, but in the former this only occurs after a long interval. Hence it is possible to assign several duties to one man at the same time (since they will not interfere with one another), and to meet the shortage of man-power it is necessary to make the magistracies like spit-lampholders.An implement (its exact shape does not appear to be known) used by soldiers on campaign, here mentioned as an illustration of one tool serving two purposes, cf. 1252b 1. [loeb_subsection_6] If therefore we are able to say how many magistracies every state must necessarily possess and how many, though not absolutely necessary, it ought to possess, knowing these points one might more easily make a combination of those magistracies which are of a suitable nature to be combined into a single office. And it is suitable for the further question not to be overlooked, what kinds of matters ought to be attended to by a number of officials locally distributed and what ought to be under the authority of one magistrate for all localities, for example should good order be seen to in the market-place by a Controller of the Market and elsewhere by another official, or everywhere by the same one? and ought the offices to be divided according to the function or according to the persons concerned—I mean, for instance, should there be a single official in control of good order, or a different onefor children and for women? [loeb_subsection_7] and also under the various constitutions does the nature of the magistracies vary in accordance with each or does it not vary at all—for example in democracy, oligarchy, aristocracy and monarchy are the magistracies the same in their powers, although they are not filled from equal ranks nor from similar classes but are different in different constitutions (for example in aristocracies drawn from the educated, in oligarchies from the wealthy, and in democracies from the free), or although some constitutions happen to be correspondent with the actual differences of their magistracies, yet in other cases are the same magistracies advantageous even where the constitutions differ (for in some places it is suitable for the same magistracies to have large functions and in other places small ones)? [loeb_subsection_8] Not but what there are also some offices peculiar to special forms of constitution, for instance the office of Preliminary Councillors.See 1298b 29 n. This is undemocratic, although a Council is a popular body, for there is bound to be some body of this nature to have the duty of preparing measures for the popular assembly, in order that it may be able to attend to its business; but a preparatory committee, if small, is oligarchical, and Preliminary Councillors must necessarily be few in number, so that they are an oligarchical element. But where both of these magistracies exist, the Preliminary Councillors are in authority over the Councillors, since a councillor is a democratic official, but a preliminary councillor is an oligarchic one. [loeb_subsection_9] Also the power of the Council is weakened in democracies of the sort in which the people in assembly deals with everything itself;