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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. _
Read next: BOOK V: CHAPTER I
Read previous: BOOK IV: CHAPTER XV
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