Aristotle: A Treatise on Government

BOOK VI 8. CHAPTER VIII

After what has been said I proceed next to treat particularly of the magistrates; of what nature they should be, how many, and for what purpose, as I have already mentioned: for without necessary magistrates no state can exist, nor without those which contribute to its dignity and good order can exist happily: now it is necessary that in small states the magistrates should be few; in a large one, many: also to know well what offices may be joined together, and what ought to be separated. The first thing necessary is to establish proper regulators in the markets; for which purpose a certain magistrate should be appointed to inspect their contracts and preserve good order; for of necessity, in almost every city there must be both buyers and sellers to supply each other's mutual wants: and this is what is most productive of the comforts of life; for the sake of which men seem to have joined together in one community. A second care, and nearly related to the first, is to have an eye both to the public and private edifices in the city, that they may be an ornament; and also to take care of all buildings which are likely to fall: and to see that the highways are kept in proper repair; and also that the landmarks between different estates are preserved, that there may be no disputes on that account; and all other business of the same nature. Now, this business may be divided into several branches, over each of which in populous cities they appoint a separate person; one to inspect the buildings, another the fountains, another the harbours; and they are called the inspectors of the city. A third, which is very like the last, and conversant nearly about the same objects, only in the country, is to take care of what is done out of the city. The officers who have this employment we call inspectors of the lands, or inspectors of the woods; but the business of all three of them is the same. There must also be other officers appointed to receive the public revenue and to deliver it out to those who are in the different departments of the state: these are called receivers or quaestors. There must also be another, before whom all private contracts and sentences of courts should be enrolled, as well as proceedings and declarations. Sometimes this employment is divided amongst many, but there is one supreme over the rest; these are called proctors, notaries, and the like. Next to these is an officer whose business is of all others the most necessary, and yet most difficult; namely, to take care that sentence is executed upon those who are condemned; and that every one pays the fines laid on him; and also to have the charge of those who are in prison. [1322a] This office is very disagreeable on account of the odium attending it, so that no one will engage therein without it is made very profitable, or, if they do, will they be willing to execute it according to law; but it is most necessary, as it is of no service to pass judgment in any cause without that judgment is carried into execution: for without this human society could not subsist: for which reason it is best that this office should not be executed by one person, but by some of the magistrates of the other courts. In like manner, the taking care that those fines which are ordered by the judges are levied should be divided amongst different persons. And as different magistrates judge different causes, let the causes of the young be heard by the young: and as to those which are already brought to a hearing, let one person pass sentence, and another see it executed: as, for instance, let the magistrates who have the care of the public buildings execute the sentence which the inspectors of the markets have passed, and the like in other cases: for by so much the less odium attends those who carry the laws into execution, by so much the easier will they be properly put in force: therefore for the same persons to pass the sentence and to execute it will subject them to general hatred; and if they pass it upon all, they will be considered as the enemies of all. Thus one person has often the custody of the prisoner's body, while another sees the sentence against him executed, as the eleven did at Athens: for which reason it is prudent to separate these offices, and to give great attention thereunto as equally necessary with anything we have already mentioned; for it will certainly happen that men of character will decline accepting this office, and worthless persons cannot properly be entrusted with it, as having themselves rather an occasion for a guard than being qualified to guard others. This, therefore, ought by no means to be a separate office from others; nor should it be continually allotted to any individuals, but the young men; where there is a city-guard, the youths ought in turns to take these offices upon them. These, then, as the most necessary magistrates, ought to be first mentioned: next to these are others no less necessary, but of much higher rank, for they ought to be men of great skill and fidelity. These are they who have the guard of the city, and provide everything that is necessary for war; whose business it is, both in war and peace, to defend the walls and the gates, and to take care to muster and marshal the citizens. Over all these there are sometimes more officers, sometimes fewer: thus in little cities there is only one whom they call either general or polemarch; but where there are horse and light-armed troops, and bowmen, and sailors, they sometimes put distinct commanders over each of these; who again have others under them, according to their different divisions; all of which join together to make one military body: and thus much for this department. Since some of the magistrates, if not all, have business with the public money, it is necessary that there should be other officers, whose employment should be nothing else than to take an account of what they have, and correct any mismanagement therein. But besides all these magistrates there is one who is supreme over them all, who very often has in his own power the disposal of the public revenue and taxes; who presides over the people when the supreme power is in them; for there must be some magistrate who has a power to summon them together, and to preside as head of the state. These are sometimes called preadvisers; but where there are many, more properly a council. These are nearly the civil magistrates which are requisite to a government: but there are other persons whose business is confined to religion; as the priests, and those who are to take care of the temples, that they are kept in proper repair, or, if they fall down, that they may be rebuilt; and whatever else belongs to public worship. This charge is sometimes entrusted to one person, as in very small cities: in others it is delegated to many, and these distinct from the priesthood, as the builders or keepers of holy places, and officers of the sacred revenue. Next to these are those who are appointed to have the general care of all those public sacrifices to the tutelar god of the state, which the laws do not entrust to the priests: and these in different states have different appellations. To enumerate in few words the different departments of all those magistrates who are necessary: these are either religion, war, taxes, expenditures, markets, public buildings, harbours, highways. Belonging to the courts of justice there are scribes to enroll private contracts; and there must also be guards set over the prisoners, others to see the law is executed, council on either side, and also others to watch over the conduct of those who are to decide the causes. Amongst the magistrates also may finally be reckoned those who are to give their advice in public affairs. But separate states, who are peculiarly happy and have leisure to attend to more minute particulars, and are very attentive to good order, require particular magistrates for themselves; such as those who have the government of the women; who are to see the laws are executed; who take care of the boys and preside over their education. To these may be added those who have the care of their gymnastic exercises, [1323a] their theatres, and every other public spectacle which there may happen to be. Some of these, however, are not of general use; as the governors of the women: for the poor are obliged to employ their wives and children in servile offices for want of slaves. As there are three magistrates to whom some states entrust the supreme power; namely, guardians of the laws, preadvisers, and senators; guardians of the laws suit best to an aristocracy, preadvisers to an oligarchy, and a senate to a democracy. And thus much briefly concerning all magistrates.