1300bor 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,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.

These modes then are four in number, and the sectional modes also make as many others; for here again the judges for all cases may be drawn by vote from a certain class, or for all cases by lot from a certain class, or some courts may be appointed by lot and others by vote, or some courts may be composed of judges chosen by lot and by vote for the same cases. These then are the modes, as was said, corresponding to those mentioned. And there are also the same courts in combination—I mean for example some drawn from the whole body and some from a class and some from both, as for instance if the same court contained some members from the whole body and others from a class, and appointed either by lot or by vote or both. We have then stated all the modes in which it is possible for the courts to be composed; and of these the first set, drawn from all the citizens and dealing with all cases, are popular, the second, drawn from a certain class to deal with all cases, are oligarchic, and the third, drawn partly from all and partly from a certain class, are suited to an aristocracy and to a constitutional government.