§4.1300bἢ τὰς μὲν αἱρέσει τὰς δὲ κληρῷ, τὸ δὲ τινὰς ἐκ τινῶν αἱρέσει ὀλιγαρχικὸν καὶ τὸ τινὰς ἐκ τινῶν κλήρῳ (μὴ γινομένου δʼ, ὁμοίως), καὶ τὸ τινὰς ἐκ τινῶν ἀμφοῖν.
or to appoint some offices by election and others by lot. On the other hand, for some to appoint from some by election is oligarchic, and for some to appoint from some by lot is also oligarchic (and similarly so, even if it does not actually happen), and for some to appoint from some by both.
τὸ δὲ τινὰς ἐξ ἁπάντων τό τε ἐκ τινῶν αἱρέσει πάντας ἀριστοκρατικόν.
And for some to appoint from all, and for all to appoint from some by election, is aristocratic.
οἱ μὲν οὖν τρόποι τῶν περὶ τὰς ἀρχὰς τοσοῦτοι τὸν ἀριθμόν εἰσι, καὶ διῄρηνται κατὰ τὰς πολιτείας οὕτως· τίνα δὲ τίσι συμφέρει καὶ πῶς δεῖ γίνεσθαι τὰς καταστάσεις, ἅμα ταῖς δυνάμεσι τῶν ἀρχῶν τίνες εἰσὶν ἔσται φανερόν.
Thus, the modes concerning the offices are so many in number, and they are divided according to the constitutions in this way; but which modes are beneficial to which people, and how the appointments ought to be made, will be clear at the same time as we determine what the powers of the offices are.
λέγω δὲ δύναμιν ἀρχῆς οἷον τὴν κυρίαν τῶν προσόδων καὶ τὴν κυρίαν τῆς φυλακῆς· ἄλλο γὰρ εἶδος δυνάμεως οἷον στρατηγίας καὶ τῆς τῶν περὶ τὴν ἀγορὰν συμβολαίων κυρίας.
And I mean by the power of an office, for instance, the authority over revenues and the authority over protection; for another kind of power is, for instance, generalship and the authority over contracts in the market.
λοιπὸν δὲ τῶν τριῶν τὸ δικαστικὸν εἰπεῖν.
It remains of the three to speak of the judicial part.
ληπτέον δὲ καὶ τούτων τοὺς τρόπους κατὰ τὴν αὐτὴν ὑπόθεσιν.
And we must grasp the modes of these also according to the same assumption.
ἔστι δὲ διαφορὰ τῶν δικαστηρίων ἐν τρισὶν ὅροις, ἐξ ὧν τε καὶ περὶ ὧν καὶ πῶς.
There is a difference of courts in three terms: from whom, about what, and how.
λέγω δὲ ἐξ ὧν μέν, πότερον ἐκ πάντων ἢ ἐκ τινῶν· περὶ ὧν δέ, πόσα εἴδη δικαστηρίων· τὸ δὲ πῶς, πότερον κλήρῳ ἢ αἱρέσει.
I mean, by 'from whom', whether from all or from some; and by 'about what', how many kinds of courts there are; and by 'how', whether by lot or by election.
πρῶτον οὖν διαιρείσθω πόσα εἴδη δικαστηρίων.
First, then, let it be divided how many kinds of courts there are.
ἔστι δὲ τὸν ἀριθμὸν ὀκτώ, ἓν μὲν εὐθυντικόν, ἄλλο δὲ εἴ τίς τι τῶν κοινῶν ἀδικεῖ, ἕτερον ὅσα εἰς τὴν πολιτείαν φέρει, τέταρτον καὶ ἄρχουσι καὶ ἰδιώταις ὅσα περὶ ζημιώσεων ἀμφισβητοῦσιν, πέμπτον τὸ περὶ τῶν ἰδίων συναλλαγμάτων καὶ ἐχόντων μέγεθος, καὶ παρὰ ταῦτα τό τε φονικὸν καὶ τὸ ξενικόν (φονικοῦ μὲν οὖν εἴδη, ἄν τʼ ἐν τοῖς αὐτοῖς δικασταῖς ἄν τʼ ἐν ἄλλοις, περί τε τῶν ἐκ προνοίας καὶ περὶ τῶν ἀκουσίων, καὶ ὅσα ὁμολογεῖται μέν, ἀμφισβητεῖται δὲ περὶ τοῦ δικαίου, τέταρτον δὲ ὅσα τοῖς φεύγουσι φόνου ἐπὶ καθόδῳ ἐπιφέρεται, οἷον Ἀθήνησι λέγεται καὶ τὸ ἐν Φρεαττοῖ δικαστήριον· συμβαίνει δὲ τὰ τοιαῦτα ἐν τῷ παντὶ χρόνῳ ὀλίγα καὶ ἐν ταῖς μεγάλαις πόλεσιν·
They are eight in number: one is for the audit of accounts, another if anyone wrongs any of the public interests, another for all that relates to the constitution, a fourth both for officers and for private individuals for all that they dispute about penalties, a fifth concerning private transactions that have some magnitude, and besides these, the court for homicide and that for foreigners. (Of the court for homicide there are kinds, whether before the same judges or before others: concerning premeditated homicide, concerning involuntary homicide, concerning those cases where the act is admitted but the justice of it is disputed, and fourthly, all that is brought against those who are in exile for homicide upon their return, as for instance at Athens the court in Phreatto is said to be; but such cases happen rarely in the whole of time and only in great cities.
τοῦ δὲ ξενικοῦ ἓν μὲν ξένοις πρὸς ξένους, ἄλλο δὲ ξένοις πρὸς ἀστούς), ἔτι δὲ παρὰ πάντα ταῦτα περὶ τῶν μικρῶν συναλλαγμάτων, ὅσα δραχμιαῖα καὶ πεντάδραχμα καὶ μικρῷ πλείονος.
Of the court for foreigners, one is for foreigners against foreigners, and another for foreigners against citizens.) And still besides all these, there is the court concerning small transactions, such as those of a drachma, five drachmas, or slightly more.
δεῖ μὲν γὰρ καὶ περὶ τούτων γίνεσθαι κρίσιν, οὐκ ἐμπίπτει δὲ εἰς δικαστῶν πλῆθος.
For indeed judgment must be made concerning these also, but they do not fall to a multitude of judges.
ἀλλὰ περὶ μὲν τούτων ἀφείσθω καὶ τῶν φονικῶν καὶ τῶν ξενικῶν, περὶ δὲ τῶν πολιτικῶν λέγωμεν, περὶ ὧν μὴ γινομένων καλῶς διαστάσεις γίνονται καὶ τῶν πολιτειῶν αἱ κινήσεις.
But let these and the courts for homicide and foreigners be dismissed, and let us speak of the political courts, from which, if they are not well conducted, factions arise and revolutions of constitutions are made.
ἀνάγκη δʼ ἤτοι πάντας περὶ πάντων κρίνειν τῶν διῃρημένων αἱρέσει ἢ κλήρῳ, ἢ πάντας περὶ πάντων τὰ μὲν κλήρῳ τὰ δʼ αἱρέσει, ἢ περὶ ἐνίων τῶν αὐτῶν τοὺς μὲν κλήρῳ τοὺς δʼ αἱρετούς.
It is necessary either for all to judge concerning all the divided matters, by election or by lot, or for all to judge concerning all, some by lot and others by election, or concerning some of the same matters, some judges to be chosen by lot and others by election.
§4.1301aοὗτοι μὲν οὖν οἱ τρόποι τέτταρες τὸν ἀριθμόν· τοσοῦτοι δʼ ἕτεροι καὶ οἱ κατὰ μέρος.
These, then, are four in number; and there are as many other modes that are partial.
πάλιν γὰρ ἐκ τινῶν καὶ οἱ δικάζοντες περὶ πάντων αἱρέσει, ἢ ἐκ τινῶν περὶ πάντων κλήρῳ, ἢ τὰ μὲν κλήρῳ τὰ δὲ αἱρέσει, ἢ ἔνια δικαστήρια περὶ τῶν αὐτῶν ἐκ κληρωτῶν καὶ αἱρετῶν.
For again, the judges may be from some, and they may judge concerning all by election, or from some and judge concerning all by lot, or some matters by lot and others by election, or some courts concerning the same matters may consist of both those chosen by lot and those by election.
οὗτοι μὲν οὖν, ὥσπερ ἐλέχθησαν, οἱ τρόποι ἀντίστροφοι τοῖς εἰρημένοις·
These, then, as they were said, are the modes corresponding to those mentioned.
ἔτι δὲ τὰ αὐτὰ συνδυαζόμενα, λέγω δʼ οἷον τὰ μὲν ἐκ πάντων τὰ δʼ ἐκ τινῶν τὰ δʼ ἐξ ἀμφοῖν (οἷον εἰ τοῦ αὐτοῦ δικαστηρίου εἶεν οἱ μὲν ἐκ πάντων οἱ δʼ ἐκ τινῶν), καὶ ἢ κλήρῳ ἢ αἱρέσει ἢ ἀμφοῖν.
And still the same may be combined: I mean, for instance, some from all, some from some, and some from both (as for instance if of the same court some were from all and others from some), and either by lot or by election or by both.
ὅσους μὲν οὖν ἐνδέχεται τρόπους εἶναι τὰ δικαστήρια, εἴρηται·
In how many modes, then, the courts can exist has been said.
τούτων δὲ τὰ μὲν πρῶτα δημοτικά, ὅσα ἐκ πάντων περὶ πάντων, τὰ δὲ δεύτερα ὀλιγαρχικά, ὅσα ἐκ τινῶν περὶ πάντων, τὰ δὲ τρίτα ἀριστοκρατικὰ καὶ πολιτικά, ὅσα τὰ μὲν ἐκ πάντων τὰ δʼ ἐκ τινῶν.
And of these, the first are democratic, namely all those from all concerning all; the second are oligarchic, namely all those from some concerning all; and the third are aristocratic and constitutional, namely those where some are from all and others from some.