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[1300b] [1] or to appoint some by vote and others by lot. And for a certain class to appoint from a certain class <by vote>1 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.

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, [20] 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 (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,2 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. 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.

1 This insertion by Lambinus seems certain.

2 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.

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    • A Dictionary of Greek and Roman Antiquities (1890), TETTARACONTA
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