Politics: A Treatise on Government
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.
BOOK V
CHAPTER I
We have now gone through those particulars we proposed to speak of; it
remains that we next consider from what causes and how alterations
in government arise, and of what nature they are, and to what the
destruction of each state is owing; and also to what form any form of
polity is most likely to shift into, and what are the means to be
used for the general preservation of governments, as well as what are
applicable to any particular state; and also of the remedies which
are to be applied either to all in general, or to any one considered
separately, when they are in a state of corruption: and here we ought
first to lay down this principle, that there are many governments, all
of which approve of what is just and what is analogically equal; and yet
have failed from attaining thereunto, as we have already mentioned; thus
democracies have arisen from supposing that those who are equal in one
thing are so in every other circumstance; as, because they are equal
in liberty, they are equal in everything else; and oligarchies, from
supposing that those who are unequal in one thing are unequal in all;
that when men are so in point of fortune, that inequality extends to
everything else. Hence it follows, that those who in some respects are
equal with others think it right to endeavour to partake of an equality
with them in everything; and those who are superior to others endeavour
to get still more; and it is this more which is the inequality: thus
most states, though they have some notion of what is just, yet are
almost totally wrong; and, upon this account, when either party has not
that share in the administration which answers to his expectations, he
becomes seditious: but those who of all others have the greatest right
to be so are the last that are; namely, those who excel in virtue;
for they alone can be called generally superior. There are, too, some
persons of distinguished families who, because they are so, disdain to
be on an equality with others, for those esteem themselves noble who
boast of their ancestors' merit and fortune: these, to speak truth, are
the origin and fountain from whence seditions arise. The alterations
which men may propose to make in governments are two; for either they
may change the state already established into some other, as when
they propose to erect an oligarchy where there is a democracy; or a
democracy, or free state, where there is an oligarchy, or an aristocracy
from these, or those from that; or else, when they have no objection
to the established government, which they like very well, but choose to
have the sole management in it themselves; either in the hands of a few
or one only. They will also raise commotions concerning the degree in
which they would have the established power; as if, for instance, the
government is an oligarchy, to have it more purely so, and in the same
manner if it is a democracy, or else to have it less so; and, in like
manner, whatever may be the nature of the government, either to extend
or contract its powers; or else to make some alterations in some parts
of it; as to establish or abolish a particular magistracy, as some
persons say Lysander endeavoured to abolish the kingly power in Sparta;
and Pausanias that of the ephori. Thus in Epidamnus there was an
alteration in one part of the constitution, for instead of the philarchi
they established a senate. It is also necessary for all the magistrates
at Athens; to attend in the court of the Helisea when any new magistrate
is created: the power of the archon also in that state partakes of the
nature of an oligarchy: inequality is always the occasion of sedition,
but not when those who are unequal are treated in a different manner
correspondent to that inequality. Thus kingly power is unequal when
exercised over equals. Upon the whole, those who aim after an equality
are the cause of seditions. Equality is twofold, either in number or
value. Equality in number is when two things contain the same parts or
the same quantity; equality in value is by proportion as two exceeds
one, and three two by the same number-thus by proportion four exceeds
two, and two one in the same degree, for two is the same part of four
that one is of two; that is to say, half. Now, all agree in what is
absolutely and simply just; but, as we have already said they dispute
concerning proportionate value; for some persons, if they are equal in
one respect, think themselves equal in all; others, if they are superior
in one thing, think they may claim the superiority in all; from whence
chiefly arise two sorts of governments, a democracy and an oligarchy;
for nobility and virtue are to be found only [1302a] amongst a few;
the contrary amongst the many; there being in no place a hundred of
the first to be met with, but enough of the last everywhere. But to
establish a government entirely upon either of these equalities is
wrong, and this the example of those so established makes evident,
for none of them have been stable; and for this reason, that it is
impossible that whatever is wrong at the first and in its principles
should not at last meet with a bad end: for which reason in some things
an equality of numbers ought to take place, in others an equality in
value. However, a democracy is safer and less liable to sedition than an
oligarchy; for in this latter it may arise from two causes, for either
the few in power may conspire against each other or against the
people; but in a democracy only one; namely, against the few who aim
at exclusive power; but there is no instance worth speaking of, of
a sedition of the people against themselves. Moreover, a government
composed of men of moderate fortunes comes much nearer to a democracy
than an oligarchy, and is the safest of all such states.
CHAPTER II
Since we are inquiring into the causes of seditions and revolutions
in governments, we must begin entirely with the first principles from
whence they arise. Now these, so to speak, are nearly three in number;
which we must first distinguish in general from each other, and
endeavour to show in what situation people are who begin a sedition;
and for what causes; and thirdly, what are the beginnings of political
troubles and mutual quarrels with each other. Now that cause which of
all others most universally inclines men to desire to bring about a
change in government is that which I have already mentioned; for those
who aim at equality will be ever ready for sedition, if they see those
whom they esteem their equals possess more than they do, as well as
those also who are not content with equality but aim at superiority, if
they think that while they deserve more than, they have only equal with,
or less than, their inferiors. Now, what they aim at may be either just
or unjust; just, when those who are inferior are seditious, that they
may be equal; unjust, when those who are equal are so, that they may
be superior. These, then, are the situations in which men will be
seditious: the causes for which they will be so are profit and honour;
and their contrary: for, to avoid dishonour or loss of fortune by
mulcts, either on their own account or their friends, they will raise
a commotion in the state. The original causes which dispose men to the
things which I have mentioned are, taken in one manner, seven in number,
in another they are more; two of which are the same with those that
have been already mentioned: but influencing in a different manner;
for profit and honour sharpen men against each other; not to get the
possession of them for themselves (which was what I just now supposed),
but when they see others, some justly, others [1302b] unjustly,
engrossing them. The other causes are haughtiness, fear, eminence,
contempt, disproportionate increase in some part of the state. There are
also other things which in a different manner will occasion revolutions
in governments; as election intrigues, neglect, want of numbers, a too
great dissimilarity of circumstances.
CHAPTER III
What influence ill-treatment and profit have for this purpose, and how
they may be the causes of sedition, is almost self-evident; for when the
magistrates are haughty and endeavour to make greater profits than their
office gives them, they not only occasion seditions amongst each other,
but against the state also who gave them their power; and this their
avarice has two objects, either private property or the property of the
state. What influence honours have, and how they may occasion sedition,
is evident enough; for those who are themselves unhonoured while they
see others honoured, will be ready for any disturbance: and these things
are done unjustly when any one is either honoured or discarded contrary
to their deserts, justly when they are according to them. Excessive
honours are also a cause of sedition when one person or more are greater
than the state and the power of the government can permit; for then
a monarchy or a dynasty is usually established: on which account the
ostracism was introduced in some places, as at Argos and Athens: though