The History of Ancient Greece: 3rd millennium B.C. - 323 B.C.. John Bagnell Bury
Agamemnon had passed away from them; only in three special cases had they still judicial or legal powers. They presided at the adoption of children; they decided who was to marry an heiress whose father had died without betrothing her; and they judged in all matters concerning public roads.
There were royal domains in the territory of the perioeci from which the kings derived their revenue. But they also had perquisites at public sacrifices; on such occasions they were (like Homeric kings) given the first seat at the banquet, were served first, and received a double portion of everything, and the hides of the slaughtered beasts. The pious sentiment with which royalty, as a hallowed institution, was regarded, is illustrated by the honours which were paid to the kings when they died. “Horsemen,” says Herodotus, “carry round the tidings of the event through all Laconia, and in the city women go about beating a cauldron. And at this sign, two free persons of each house, a man and a woman, must put on mourning garb, and if any fail to do this great pains are imposed”. The funeral was attended by a fixed number of the perioeci, and it was part of the stated ceremony that the dead king should be praised by the mourners as better than all who had gone before him. Public business was not resumed for ten days after the burial. The king was succeeded by his eldest son, but a son born before his father’s accession to the kingship had to give way to the eldest of those who were born after the accession. If there were no children, the succession fell to the nearest male kinsman, who was likewise the regent in the case of a minority.
The gerontes or elders whom we find in Homer advising the king and also acting as judges have developed at Sparta into a body of fixed number, forming a definite part of the constitution, called the gerusia. This Council consisted of thirty members, including the two kings, who belonged to it by virtue of their kingship. The other twenty-eight must be over sixty years of age, so that the council was a body of elders in the strict sense of the word. They held their office for life and were chosen by acclamation in the general assembly of citizens, whose choice was supposed to fall on him whose moral merits were greatest; membership of the Council was described as a “prize for virtue”. The Council prepared matters which were to come before the Assembly; it exercised, as an advising body, a great influence on political affairs; and it formed a court of justice for criminal cases.
But though the Councillors were elected by the people, they were not elected from the people. Nobility of birth retained at Sparta its political significance; and only men of the noble families could be chosen members of the Council. And thus the Council formed an oligarchical element in the Lacedaemonian constitution.
Every Spartan who had passed his thirtieth year was a member of the Apella, or Assembly of Citizens, which met every month between the bridge of Babyka and the stream of Knakion. In old days, no doubt, it was summoned by the kings, but in historical times we find that this right has passed to the ephors. The assembly did not debate, but having heard the proposals of kings or ephors, signified its will by acclamation. If it seemed doubtful to which opinion the majority of the voices inclined, recourse was had to a division. The people elected the members of the Gerusia, the ephors and other magistrates; determined, questions of war and peace, and foreign politics; and decided disputed successions to the kingly office. Thus, theoretically, the Spartan constitution was a democracy. No Spartan was excluded from the apella of the people; and the will of the people expressed at their apella was supreme. “To the people,” runs an old statute, shall belong the decision and the power”. But the same statute granted to the executive authorities—the elders and magistrates—a power which restricted this apparent supremacy of the people. It allowed them “to be seceders, if the people make a crooked decree”. It seems that the will of the people, declared by their acclamations, did not receive the force of law, unless it were then formally proclaimed before the assembly was formally dissolved. If the elders and magistrates did not approve of the decision of the majority of the assembly, they could annul the proceedings by refusing to proclaim it—”seceding” and dissolving the meeting, without waiting for the regular dissolution by king or ephor.
The five ephors were the most characteristic part of the political constitution of Sparta. The origin of the office is veiled in obscurity; it was supposed to have been instituted in the first half of the eighth century. But we must distinguish between the first institution of the office and the beginning of its political importance. It is probable that, in the course of the eighth century, the kings finding it impossible to attend to all their duties were constrained to give up the civil jurisdiction, and that the ephors or “overseers” were appointed for this purpose. The number of the ephors would seem to be connected with the number of the five demes or villages whose union formed the city; and perhaps each one of the ephors was assigned originally to one of the villages. But it cannot have been till the seventh century that the ephors won their great political power. They must have won that power in a conflict between the nobility who governed in conjunction with the kings, and the people who had no share in the government. In that struggle the kings represented the cause of the nobility, while the ephors were the representatives of the people. A compromise, as the result of such a conflict, is implied in the oaths which were every month exchanged between the kings and the ephors. The king swore that he would observe the laws of the state in discharging his royal functions; the ephor that he would maintain the royal power undiminished, so long as the king was true to his oath. In this ceremony we have the record of an acute conflict between the government and people. The democratic character of the ephorate appears from the fact that any Spartan might be elected. The mode of election, which is described by Aristotle as “very childish”, was practically equivalent to an election by lot. When the five ephors did not agree among themselves, the minority gave way. The ephors entered upon their office at the beginning of the Laconian year, which fell on the first new moon after the autumnal equinox. As chosen guardians of the rights of the people, they were called upon to watch jealously the conduct of the kings. With this object two ephors always accompanied the king on warlike expeditions. They had the power of indicting the king and summoning him to appear before them. The judicial functions which the kings lost passed partly to the ephors, partly to the Council. The ephors were the supreme civil court; the Council, as we have seen, formed the supreme criminal court. But in the case of the Perioeci the ephors were criminal judges also. They were moreover responsible for the strict maintenance of the order and discipline of the Spartan state, and, when they entered upon office, they issued a proclamation to the citizens to “shave their upper lips and obey the laws.”
This unique constitution cannot be placed under any general head, cannot be called kingdom, oligarchy, or democracy, without misleading. None of these names is applicable to it, but it participated in all three. A stranger who saw the kings going forth with power at the head of the host, or honoured above all at the public feasts in the city, would have described Sparta as a kingdom. If one of the kings themselves had been asked to define the constitution, it is probable that he would have regretfully called it a democracy. Yet the close Council, taken from a privileged class, exercising an important influence on public affairs, and deferring to an Assembly which could not debate, might be alleged to prove that Sparta was an oligarchy. The secret of this complex character of the Spartan constitution lies in the fact that, while Sparta developed on the same general path as other states and had to face the same political crises, she overcame each crisis with less violence and showed a more conservative spirit. When she ought to have passed from royalty to aristocracy, she diminished the power of the kings, but she preserved hereditary kingship as a part of the aristocratic government. When she ought to have advanced to democracy, she gave indeed enormous power to the representatives of the people, but she still preserved both her hereditary kings and the Council of her nobles.
SECT. 2. SPARTAN CONQUEST OF MESSENIA
In the growth of Sparta the first and most decisive step was the conquest of Messenia. The southern portion of the Peloponnesus is divided into two parts by Mount Taygetus. Of these, the eastern part is again severed by Mount Parnon into two regions: the vale of the river Eurotas, and the rugged strip of coast between Parnon and the sea. The western country is less mountainous, more fruitful, and blessed by a milder climate, nor is it divided in the same way by a mountain chain; the hills rise irregularly, and the river Pamisos waters the central plain of Stenyclarus where the Greek invaders are said to have fixed their abode. The natural fortress of the country was the lofty rock of Ithome