venue. But its character
consisted in this:--it was strictly a popular body, chosen by the
people for the maintenance of their interests. Agreeably to this
character, it soon appears arrogating the privilege of instituting an
inquiry into the conduct of all officials except the counsellors.
Every eighth year, selecting a dark night when the moon withheld her
light, the ephors watched the aspect of the heavens, and if any
shooting star were visible in the expanse, the kings were adjudged to
have offended the Deity and were suspended from their office until
acquitted of their guilt by the oracle of Delphi or the priests at
Olympia. Nor was this prerogative of adjudging the descendants of
Hercules confined to a superstitious practice: they summoned the king
before them, no less than the meanest of the magistrates, to account
for imputed crimes. In a court composed of the counsellors (or
gerusia), and various other magistrates, they appeared at once as
accusers and judges; and, dispensing with appeal to a popular
assembly, subjected even royalty to a trial of life and death. Before
the Persian war they sat in judgment on the King Cleomenes for an
accusation of bribery;--just after the Persian war, they resolved upon
the execution of the Regent Pausanias. In lesser offences they acted
without the formality of this council, and fined or reprimanded their
kings for the affability of their manners, or the size [135] of their
wives. Over education--over social habits-over the regulations
relative to ambassadors and strangers--over even the marshalling of
armies and the number of troops, they extended their inquisitorial
jurisdiction. They became, in fact, the actual government of the
state.

It is easy to perceive that it was in the nature of things that the
institution of the ephors should thus encroach until it became the
prevalent power. Its influence was the result of the vicious
constitution of the gerusia, or council. Had that assembly been
properly constituted, there would have been no occasion for the
ephors. The gerusia was evidently meant, by the policy of Lycurgus,
and by its popular mode of election, for the only representative
assembly. But the absurdity of election for life, with irresponsible
powers, was sufficient to limit its acceptation among the people. Of
two assemblies--the ephors and the gerusia--we see the one elected
annually, the other for life--the one responsible to the people, the
other