[1300a] and this usually happens when there is a plentiful supply of pay for those who attend the assembly, for being at leisure they meet frequently and decide all things themselves. But a Superintendent of Children and a Superintendent of Women, and any other magistrates that exercise a similar sort of supervision, are an aristocratic feature, and not democratic (for how is it possible to prevent the wives of the poor from going out of doorsOr possibly from going in processions: Solon made regulations ταῖς ἐξόδοις τῶν γυναικῶν καὶ τοῖς πένθεσι καὶ ταῖς ἑορταῖς(Plut. Sol. 21).?) nor yet oligarchic (for the wives of oligarchic rulers are luxurious). [loeb_subsection_10] But let the discussion of these matters go no further at present, and let us attempt to go through from the beginning the question of the ways of appointing the magistrates. The varieties here depend on three determinants, the combinations of which must give all the possible modes. One of these three determining points is, who are the persons who appoint the magistrates? the second is, from whom? and last, in what manner? And of each of these three determinants there are three variations: either all the citizens appoint or some, and either from all or from a certain class (defined for instance by property-assessment or birth or virtue or some other such qualification, as at Megara only those were eligible who returned in a body from exile and fought together against the common people),It is quite uncertain when this event took place and whether it is the same as those referred to at 1302b 30 f. and l304b 34 ff. and the mode of appointment may be either by vote or by lot; [loeb_subsection_11] again, these systems may be coupled together—I mean that some citizens may appoint to some offices but all to others, and to some offices all citizens may be eligible but to others only a certain class, and to some appointment may be by vote but to others by lot. And of each variation of these determinants there will be four modes: either all citizens may appoint from all by vote, or all from all by lot—and from all either section by section, for instance by tribes or demes or brotherhoods until the procedure has gone through all the citizens, or from the whole number every time,—or else partly in one way and partly in the other. Again, if the electors are some of the citizens, they must either appoint from all by vote, or from all by lot, or from some by vote, or from some by lot, or partly in one way and partly in the other—I mean partly by vote and partly by lot. Hence the modes prove to be twelve, apart from the two combinations. [loeb_subsection_12] And among these, two ways of appointment are democratic—for all to appoint from all by vote, or by lot, or by both—some offices by lot and others by vote; but for not all to be the electors and for them to appoint simultaneously, and either from all or from some either by lot or by vote or by both, or some offices from all and others from some by both (by which I mean some by lot and others by vote) is constitutional. And for some to appoint from all, to some offices by vote and to others by lot or by bothPerhaps the Greek should be rewritten to give for some to appoint from all either by vote or by lot or by both. (to some by lot and to others by vote) is oligarchical; and it is even more oligarchical to appoint from both classes. [loeb_subsection_13] But to appoint some offices from all and the others from a certain class is constitutional with an aristocratic bias;
[1300b] or to appoint some by vote and others by lot. And for a certain class to appoint from a certain class 〈by vote〉This insertion by Lambinus seems certain. is oligarchical, and so it is for a certain class to appoint from a certain class by lot (although not working out in the same way), and for a certain class to appoint from a certain class by both methods. And for a certain class to make a preliminary selection from the whole body and then for all to appoint from among certain persons (thus selected) is aristocratic.
So many in number therefore are the modes of appointing to the magistracies, and this is how the modes are classified according to the different constitutions; and what regulations are advantageous for what people and how the appointments ought to be conducted will be made clear at the same time as we consider what are the powers of the offices. By the power of an office I mean for instance the control of the revenues and the control of the guard; since a different sort of power belongs for example to a generalship and to the office that controls market contracts.
[loeb_section_13] [loeb_subsection_1] Of the three factors of a constitution it remains to speak of the judiciary, and of judicial bodies also we must consider the various modes, in accordance with the same plan. And a difference among judicial courts rests upon three determinants—constituents, sphere of action, and mode of appointment. As to their constituents I mean are the courts drawn from all the citizens or from a certain class? as to sphere of action, how many kinds of courts are there? and as to mode of appointment, are they appointed by lot or by vote? First then let us distinguish how many kinds of courts there are. They are eight in number, one a court of audit,another to deal with offenders against any public interest, another with matters that bear on the constitution, a fourth for both magistrates and private persons in disputes about penalties, fifth the court dealing with private contracts that are on an important scale, and beside these there is (6) the court that tries homicide, and (7) that which hears alien suits [loeb_subsection_2] (of courts of homicide there are four kinds, whether the jury is the same or different—namely, for cases of deliberate homicide, of involuntary homicide, of homicide admitted but claimed to be justifiable, and fourth to deal with charges of homicide brought against men that have fled from the country for homicide, upon their return,i.e. men that had been allowed to flee the country when charged with accidental homicide, and on their return were accused of another homicide, a willful murder. such as at Athens for instance the Court at Phreatto is said to be, although such cases are of rare occurrence in the whole course of history, even in the great states and of the aliens’ court one branch hears suits of aliens against aliens and another of aliens against citizens); and also beside all of these there are (8) courts to try cases of petty contracts, involving sums of one drachma, five drachmas or a little more—for even these cases have to be tried, though they are not suitable for a numerous jury. [loeb_subsection_3] But let us dismiss the subject of these petty suits, and the courts for homicide and those for aliens, and let us speak about political trials, which when not well conducted cause party divisions and revolutionary disturbances. And necessarily either all the judges of all the cases that have been classified will be appointed by vote, or by lot, or all in all cases partly by lot and partly by vote, or in some cases some judges will be appointed by lot and others by vote for the same case.