red back again to the
magistrates: whereas the contrary takes place in republics; for the
power of pardoning is with the few, but not of condemning, which is
always referred [1299a] to the people at large. And thus we determine
concerning the deliberative power in any state, and in whose hands it
shall be.
CHAPTER XV
We now proceed to consider the choice of magistrates; for this branch of
public business contains many different Parts, as how many there shall
be, what shall be their particular office, and with respect to time how
long each of them shall continue in place; for some make it six months,
others shorter, others for a year, others for a much longer time; or
whether they should be perpetual or for a long time, or neither; for
the same person may fill the same office several times, or he may not be
allowed to enjoy it even twice, but only once: and also with respect to
the appointment of magistrates, who are to be eligible, who is to choose
them, and in what manner; for in all these particulars we ought properly
to distinguish the different ways which may be followed; and then to
show which of these is best suited to such and such governments.
Now it is not easy to determine to whom we ought properly to give the
name of magistrate, for a government requires many persons in office;
but every one of those who is either chosen by vote or lot is not to be
reckoned a magistrate. The priests, for instance, in the first place;
for these are to be considered as very different from civil magistrates:
to these we may add the choregi and heralds; nay, even ambassadors are
elected: there are some civil employments which belong to the citizens;
and these are either when they are all engaged in one thing, as when as
soldiers they obey their general, or when part of them only are, as in
governing the women or educating the youth; and also some economic, for
they often elect corn-meters: others are servile, and in which, if they
are rich, they employ slaves. But indeed they are most properly called
magistrates, who are members of the deliberative council, or decide
causes, or are in some command, the last more especially, for to command
is peculiar to magistrates. But to speak truth, this question is of
no great consequence, nor is it the province of the judges to decide
between those who dispute about words; it may indeed be an object of
speculative inquiry; but to inquire what officers are necessary in a
state,
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