By powers I mean such powers
as a magistrate exercises over the revenue or in defense of the
country; for there are various kinds of power: the power of the
general, for example, is not the same with that which regulates
contracts in the market.
XVI
Of the three parts of government, the judicial remains to be
considered, and this we shall divide on the same principle. There
are three points on which the variedes of law-courts depend: The
persons from whom they are appointed, the matters with which they
are concerned, and the manner of their appointment. I mean, (1) are
the judges taken from all, or from some only? (2) how many kinds of
law-courts are there? (3) are the judges chosen by vote or by lot?
First, let me determine how many kinds of law-courts there are.
There are eight in number: One is the court of audits or scrutinies; a
second takes cognizance of ordinary offenses against the state; a
third is concerned with treason against the constitution; the fourth
determines disputes respecting penalties, whether raised by magistrates
or by private persons; the fifth decides the more important civil
cases; the sixth tries cases of homicide, which are of various kinds,
(a) premeditated, (b) involuntary, (c) cases in which the guilt is
confessed but the justice is disputed; and there may be a fourth court
(d) in which murderers who have fled from justice are tried after
their return; such as the Court of Phreatto is said to be at Athens.
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