indar [130], when he tells us that "the descendants of Pamphylus
and of the Heraclidae wish always to retain the Doric institutions of
Aegimius." Thus regarded, the legislation of Lycurgus loses its
miraculous and improbable character, while we still acknowledge
Lycurgus himself as a great and profound statesman, adopting the only
theory by which reform can be permanently wrought, and suiting the
spirit of his laws to the spirit of the people they were to govern.
When we know that his laws were not written, that he preferred
engraving them only on the hearts of his countrymen, we know at once
that he must have legislated in strict conformity to their early
prepossessions and favourite notions. That the laws were unwritten
would alone be a proof how little he introduced of what was alien and
unknown.
V. I proceed to give a brief, but I trust a sufficient outline, of
the Spartan constitution, social and political, without entering into
prolix and frivolous discussions as to what was effected or restored
by Lycurgus--what by a later policy.
There was at Sparta a public assembly of the people (called alia), as
common to other Doric states, which usually met every full moon--upon
great occasions more often. The decision of peace and war--the final
ratification of all treaties with foreign powers--the appointment to
the office of counsellor, and other important dignities--the
imposition of new laws--a disputed succession to the throne,--were
among those matters which required the assent of the people. Thus
there was the show and semblance of a democracy, but we shall find
that the intention and origin of the constitution were far from
democratic. "If the people should opine perversely, the elders and
the princes shall dissent." Such was an addition to the Rhetra of
Lycurgus. The popular assembly ratified laws, but it could propose
none--it could not even alter or amend the decrees that were laid
before it. It appears that only the princes, the magistrates, and
foreign ambassadors had the privilege to address it.
The main business of the state was prepared by the Gerusia, or council
of elders, a senate consisting of thirty members, inclusive of the two
kings, who had each but a simple vote in the assembly. This council
was in its outline like the assemblies common to every Dorian state.
Each senator was required to have reached the age of sixty; he was
chosen by the popular assembly, not by vote, but by acclama
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