Consequent to what has been said, it is requisite to discuss in a proper manner things pertaining to magistracies, how many there are, what their nature is, and in what the employments of the magistrates consist, as we have before observed. For without necessary magistrates a city cannot exist; but without those that contribute to its good order and ornament, it cannot be well inhabited. Again, it is necessary, indeed, in small cities, that the magistrates should be few; but in great cities many, as we have before said. It is requisite, therefore, not to be ignorant what the offices are which are adapted to be joined together, and what to be separated. In the first place then, an attention to things necessary in the forum is requisite; for which purpose, a certain magistrate should be appointed to inspect contracts, and preserve good order. For it is nearly necessary in all cities that there should be both buyers and sellers, for the necessary wants of each other. And this is what is most productive of a life sufficient to itself, for the sake of which men appear to have assembled together into one polity. But another care and attention consequent and proximate to this, is about the public and private buildings in the city, in order that they may be an ornament to it, and that edifices may be prevented from falling, and that the high ways may be kept in proper repair. Besides this, likewise, that the land-marks between different estates may be preserved, in order that there may be no disputes on that account; and such other modes of attention as are of a similar nature. Most persons call an office of this kind, that of the inspector of the city. But it consists of many parts; over each of which in populous cities, they appoint a separate person; one to inspect the buildings, another the fountains, and another the harbours. There is also another office which is necessary and similar to that which we have just mentioned; for it is conversant with the same things, but in the country, and out of the city. And some persons call these officers, inspectors of the lands, but others inspectors of the woods. These offices, therefore, are three in number. There is, however, another department, which consists in receiving the public revenue, and delivering it out to those who are in the different offices of the state; and these are called receivers or quaestors. There is likewise another office, in which private contracts, and the sentences of courts ought to be enrolled; and besides these, all proceedings and declarations. In some places, therefore, this employment is divided amongst many persons; but there is one office which is supreme over all these. These persons, however, are called proctors, notaries, and the like. Next to this is an office which is nearly the most necessary and most difficult of all others, and this consists in taking 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. This office, therefore, is difficult, on account of the odium attending it, so that no one is willing to undertake it, unless it is attended with great gain; and those who do undertake it are unwilling to execute it according to the laws. But it is a necessary office, because there is no advantage in passing judgment in any cause, unless that judgment is carried into execution; so that if this is not done, it is impossible for society to subsist. Hence, it is better that this office should not be executed by one person, but by different magistrates of the other courts. In a similar manner, the taking care that those fines are levied which are ordered by the judges, should be divided among different persons. And again, as different magistrates judge different causes, the causes of the young should rather be heard by young magistrates. With respect also to those causes that are already brought to a hearing, one person should pass sentence, and another see it executed. Thus, for instance, the magistrates who have the care of the public buildings, should execute the sentence which the inspectors of the markets have passed, and others the sentence which these have passed. For by how much the less odium attends those who carry the laws into execution, by so much the easier will they be put in force. For the same persons, therefore, to pass the sentence, and to execute it, will subject them to a twofold hatred; and if they pass it upon all, they will be considered as the enemies of all. But in many places, one person has the custody of the prisoner, and another sees the sentence against him executed; as at Athens, those that are called the eleven magistrates. Hence, it is better to separate this office, and pay great attention to it. For it is no less necessary than the above-mentioned office. It happens, however, that worthy men will especially avoid this office; and that it is not safe to entrust it to depraved men; for they will rather themselves require a guard, than be able to guard others. Hence, this ought not to be an office separate from others, nor should it be continually executed by the same person, but by young men, where there is an order of young persons in office, or of guards. With respect to the magistrates, also, it is necessary that different magistrates should alternately take these offices upon them. These, therefore, as the most necessary magistrates, should be arranged as the first; but after these, those who are no less necessary, but of a higher rank; for they ought to be men of great skill and fidelity. Such, therefore, will the magistrates be who have the guard of the city, and who procure such things as are necessary for war. It is necessary, however, both in war and in peace, that there should be guards to defend the walls and the gates, and to examine and marshal the citizens. In some places, therefore, there are more officers over all these, but in others fewer; as, for instance, in small cities there is only one over all. But such officers are called generals and polemarchs. Again, where there are horse and light-armed troops, and bowmen and sailors, commanders are sometimes placed over each of these, who are called nauarchs, and hipparchs, and taxiarchs; and under these there are others according to their different divisions, who are called trierarchs, and lochagas, and phylarchs, and such like divisions of these; the whole of which forms one species of inspective care of warlike affairs. And thus much for this department. Since, however, some of the magistrates, though not all, have the management of public affairs, it is necessary that there should be other officers, whose employment should be nothing else than to take an account of what is entrusted to them, and correct any mismanagement therein. But some persons call these censors, others masters of the accounts, others inquisitors, and others procurators. Besides all these magistracies, however, there is one which is supreme over them all; for this office frequently possesses the end, and is the boundary of all the rest. For it presides over the multitude, where the people have the supreme power; since it is necessary that the power which summons them together, should be the lord of the polity. But these magistrates are in some places called pre-advisers, on account of their deliberating before they act; but where the supreme authority is in the multitude, they are more properly called a council. There are, therefore, nearly so many civil magistrates pertaining to a state. But there is another species of care, which respects the gods; such as priests, and others, to whom the charge of temples is committed, in order that they may be kept in proper repair, or if they fall down, that they may be rebuilt, and whatever else pertains to the worship of the gods. But it happens that this charge is in some places committed to one person, as in small cities; in other places it is delegated to many, and these distinct from the priesthood, as the builders and keepers of holy places, and officers of the sacred revenue. The charge next to this is that of those who have the general care of all such public sacrifices as the law does not commit to the priests, but which concern the honour of that god who is the protector of the city. And some, indeed, call these persons rulers, others kings, and others prytaneis, or curators. The necessary cares, therefore, about these things are, as I may say, summarily, concerning religion, war, taxes, expenditures, markets, the city, the harbours, and the highways; and farther still, concerning things pertaining to courts of justice, the enrollment of contracts, executions, imprisonments, inquests, calling the magistrates to account for their conduct, and lastly, concerning those who are to give their advice in public affairs. Separate states, however, who are peculiarly happy, and have leisure to attend to more minute particulars, and pay attention to good order, require magistrates for the government of the women, children, and gymnastic exercises, and for the protection of the laws; and besides these, for the government of the games, theatres, and every other public spectacle which there may happen to be. But of these magistrates, some evidently do not pertain to the people at large, such as the governors of the women and children; for the poor must necessarily employ their wives and children in servile offices, through the want of slaves. As, however, there are three magistrates, to whom some states entrust the supreme power; viz. the guardians of the laws, the pre-advisers, and the senators; the guardians of the law, indeed, have an aristocratical office, but the pre-advisers, one that is oligarchical, and the senators one that is democratical. And thus we have nearly spoken concerning all magistrates, in the way of delineation.
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