Aristotle: A Treatise on Government

BOOK II 9. CHAPTER IX (continued)

Nor was he less blamable for the manner in which he constituted the ephori; for these magistrates take cognisance of things of the last importance, and yet they are chosen out of the people in general; so that it often happens that a very poor person is elected to that office, who, from that circumstance, is easily bought. There have been many instances of this formerly, as well as in the late affair at Andros. And these men, being corrupted with money, went as far as they could to ruin the city: and, because their power was too great and nearly tyrannical, their kings were obliged to natter them, which contributed greatly to hurt the state; so that it altered from an aristocracy to a democracy. This magistracy is indeed the great support of the state; for the people are easy, knowing that they are eligible to the first office in it; so that, whether it took place by the intention of the legislator, or whether it happened by chance, this is of great service to their affairs; for it is necessary that every member of the state should endeavour that each part of the government should be preserved, and continue the same. And upon this principle their kings have always acted, out of regard to their honour; the wise and good from their attachment to the senate, a seat wherein they consider as the reward of virtue; and the common people, that they may support the ephori, of whom they consist. And it is proper that these magistrates should be chosen out of the whole community, not as the custom is at present, which is very ridiculous. The ephori are the supreme judges in causes of the last consequence; but as it is quite accidental what sort of persons they may be, it is not right that they should determine according to their own opinion, but by a written law or established custom. Their way of life also is not consistent with the manners of the city, for it is too indulgent; whereas that of others is too severe; so that they cannot support it, but are obliged privately to act contrary to law, that they may enjoy some of the pleasures of sense. There are also great defects in the institution of their senators. If indeed they were fitly trained to the practice of every human virtue, every one would readily admit that they would be useful to the government; but still it might be debated whether they should be continued judges for life, to determine points of the greatest moment, since the mind has its old age as well as the body; but as they are so brought up, [1271a] that even the legislator could not depend upon them as good men, their power must be inconsistent with the safety of the state: for it is known that the members of that body have been guilty both of bribery and partiality in many public affairs; for which reason it had been much better if they had been made answerable for their conduct, which they are not. But it may be said the ephori seem to have a check upon all the magistrates. They have indeed in this particular very great power; but I affirm that they should not be entrusted with this control in the manner they are. Moreover, the mode of choice which they make use of at the election of their senators is very childish. Nor is it right for any one to solicit for a place he is desirous of; for every person, whether he chooses it or not, ought to execute any office he is fit for. But his intention was evidently the same in this as in the other parts of his government. For making his citizens ambitious after honours, with men of that disposition he has filled his senate, since no others will solicit for that office; and yet the principal part of those crimes which men are deliberately guilty of arise from ambition and avarice.