y explained. I mean
by the powers of a magistrate, what should be his particular province,
as the management of the finances or the laws of the state; for
different magistrates have different powers, as that of the general of
the army differs from the clerk of the market.

CHAPTER XVI

Of the three parts of which a government is formed, we now come to
consider the judicial; and this also we shall divide in the same manner
as we did the magisterial, into three parts. Of whom the judges shall
consist, and for what causes, and how. When I say of whom, I mean
whether they shall be the whole people, or some particulars; by for what
causes I mean, how many different courts shall be appointed; by how,
whether they shall be elected by vote or lot. Let us first determine how
many different courts there ought to be. Now these are eight. The
first of these is the court of inspection over the behaviour of the
magistrates when they have quitted their office; the second is to punish
those who have injured the public; the third is to take cognisance of
those causes in which the state is a party; the fourth is to decide
between magistrates and private persons, who appeal from a fine laid
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
rel