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第105章 VIII(1)

Next in order follows the right distribution of offices, their number, their nature, their duties, of which indeed we have already spoken. No state can exist not having the necessary offices, and no state can be well administered not having the offices which tend to preserve harmony and good order. In small states, as we have already remarked, there must not be many of them, but in larger there must be a larger number, and we should carefully consider which offices may properly be united and which separated.

First among necessary offices is that which has the care of the market; a magistrate should be appointed to inspect contracts and to maintain order. For in every state there must inevitably be buyers and sellers who will supply one another's wants; this is the readiest way to make a state self-sufficing and so fulfill the purpose for which men come together into one state. A second office of a similar kind undertakes the supervision and embellishment of public and private buildings, the maintaining and repairing of houses and roads, the prevention of disputes about boundaries, and other concerns of a like nature. This is commonly called the office of City Warden, and has various departments, which, in more populous towns, are shared among different persons, one, for example, taking charge of the walls, another of the fountains, a third of harbors. There is another equally necessary office, and of a similar kind, having to do with the same matters without the walls and in the country- the magistrates who hold this office are called Wardens of the country, or Inspectors of the woods. Besides these three there is a fourth office of receivers of taxes, who have under their charge the revenue which is distributed among the various departments; these are called Receivers or Treasurers. Another officer registers all private contracts, and decisions of the courts, all public indictments, and also all preliminary proceedings. This office again is sometimes subdivided, in which case one officer is appointed over all the rest. These officers are called Recorders or Sacred Recorders, Presidents, and the like.

Next to these comes an office of which the duties are the most necessary and also the most difficult, viz., that to which is committed the execution of punishments, or the exaction of fines from those who are posted up according to the registers; and also the custody of prisoners. The difficulty of this office arises out of the odium which is attached to it; no one will undertake it unless great profits are to be made, and any one who does is loath to execute the law. Still the office is necessary; for judicial decisions are useless if they take no effect; and if society cannot exist without them, neither can it exist without the execution of them. It is an office which, being so unpopular, should not be entrusted to one person, but divided among several taken from different courts. In like manner an effort should be made to distribute among different persons the writing up of those who are on the register of public debtors. Some sentences should be executed by the magistrates also, and in particular penalties due to the outgoing magistrates should be exacted by the incoming ones; and as regards those due to magistrates already in office, when one court has given judgement, another should exact the penalty; for example, the wardens of the city should exact the fines imposed by the wardens of the agora, and others again should exact the fines imposed by them.

For penalties are more likely to be exacted when less odium attaches to the exaction of them; but a double odium is incurred when the judges who have passed also execute the sentence, and if they are always the executioners, they will be the enemies of all.

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