tion. The
mode of election was curious. The candidates presented themselves
successively before the assembly, while certain judges were enclosed
in an adjacent room where they could hear the clamour of the people
without seeing the person, of the candidate. On him whom they
adjudged to have been most applauded the election fell. A mode of
election open to every species of fraud, and justly condemned by
Aristotle as frivolous and puerile [131]. Once elected, the senator
retained his dignity for life: he was even removed from all
responsibility to the people. That Mueller should consider this an
admirable institution, "a splendid monument of early Grecian customs,"
seems to me not a little extraordinary. I can conceive no elective
council less practically good than one to which election is for life,
and in which power is irresponsible. That the institution was felt to
be faulty is apparent, not because it was abolished, but because its
more important functions became gradually invaded and superseded by a
third legislative power, of which I shall speak presently.
The original duties of the Gerusia were to prepare the decrees and
business to be submitted to the people; they had the power of
inflicting death or degradation without written laws, they interpreted
custom, and were intended to preserve and transmit it. The power of
the kings may be divided into two heads--power at home--power abroad:
power as a prince--power as a general. In the first it was limited
and inconsiderable. Although the kings presided over a separate
tribunal, the cases brought before their court related only to repairs
of roads, to the superintendence of the intercourse with other states,
and to questions of inheritance and adoption.
When present at the council they officiated as presidents, but without
any power of dictation; and, if absent, their place seems easily to
have been supplied. They united the priestly with the regal
character; and to the descendants of a demigod a certain sanctity was
attached, visible in the ceremonies both at demise and at the
accession to the throne, which appeared to Herodotus to savour rather
of Oriental than Hellenic origin. But the respect which the Spartan
monarch received neither endowed him with luxury nor exempted him from
control. He was undistinguished by his garb--his mode of life, from
the rest of the citizens. He was subjected to other authorities,
could be reprimanded, fined, suspende
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