Book 4
1297a
The artifices employed in constitutions as a pretext in regard to the people are five in number, and are concerned with the assembly, the magistracies, the law-courts, the bearing of heavy arms, and gymnastic exercises; in relation to the assembly, the granting to all of the right to attend but the imposition of a fine for non-attendance on the well-to-do only, or a much larger fine on them than others; in relation to the magistracies, the denial to the owners of rated property of the right to swear off serving, while the poor have this right; in relation to the law-courts, the imposition of a fine on the well-to-do if they do not serve on a jury, but no penalty for the poor, or else a large fine for the one class and a small one for the others, as in the laws of Charondas. In some places all have the right to serve in the assembly and on juries after having their names put on a register, but large fines are imposed on those who after so registering fail to attend in either capacity, in order that the fine may cause them to avoid registration and that owing to their not registering they may not serve on juries or in the assembly. They also legislate in the same manner about owning heavy arms and engaging in gymnastic exercises: the poor are not allowed to possess arms, but the well-to-do are liable to a fine if they have not got them, and there is no fine for the former class if they abstain from gymnastics, but the well-to-do are liable to a fine, in order that the one class because of the fine may take part in them and the other because they have no penalty to fear may not. These artifices of legislation then are of an oligarchic nature; in democracies they introduce contrary devices in regard to these matters: they provide pay for the poor for serving in the assembly and on juries and impose no fine upon the well-to-do for abstaining. Hence it is manifest that if anybody wishes to make a just blend, he must bring together the regulations existing in each of the two forms of constitution, and provide pay for attendance and a fine for non-attendance; for thus all would participate, whereas in the other way the government comes to be in the hands of only one of the two classes.
