Chapter VII.

§ 1. Origin of the office of Ephor in the Spartan state. § 2.

Period of its creation. § 3. Civil jurisdiction of the Ephors. §

4. Increase in the powers of the Ephors. § 5. Their transaction of

business with the assembly of citizens, and with foreign powers. §

6. The power of the Ephors, owing to their ascendency over the

assembly of citizens. § 7. Miscellaneous facts concerning the

office of Ephor. § 8. Titles and duties of other magistrates at

Sparta.

1. Before we treat of the powers of the cosmi, it will be necessary to

inquire into an office, which is of the greatest importance in the history

of the Lacedæmonian constitution; for while the king, the council, and the

people, preserved upon the whole the same political power and the same

executive authority, the office of the ephors was the moving principle by

which, in process of time, this most perfect constitution was assailed,

and gradually overthrown. From this remark three questions arise: first,

what was the original nature of the office of ephor? secondly, what

changes did it experience in the lapse of time? and, thirdly, from what

causes did these changes originate?

There is an account frequently repeated by ancient writers, that

Theopompus, the grandson of Charilaus the Proclid, founded this office in

order to limit the authority of the Kings. “He handed down the royal power

to his descendants more durable, because he had diminished it.”(463) If,

however, the ephoralty was an institution of Theopompus, it is difficult

to account for the existence of the same office in other Doric states. In

Cyrene the ephors punished litigious people and impostors with

infamy:(464) the same office existed in the mother-city Thera,(465) which

island had been colonised from Laconia long before the time of Theopompus.

The Messenians also would hardly, upon the re-establishment of their

state, have received the ephoralty into their government,(466) if they had

thought it only an institution of some Spartan king. The ephors of the

Tarentine colony Heraclea may be more easily derived from Sparta and the

time of Theopompus.(467) It is however plain that Herodotus(468) and

Xenophon(469) placed the ephoralty among the institutions of Lycurgus,

with as much reason as other writers attributed it to Theopompus; and it

will probably be sufficient to state that the ephors were ancient Doric

magistrates.

The ephoralty, however, considered as an office opposed to the kings and

to the council, is not for this reason an institution less peculiar to the

Spartans; and in no Doric, nor even in any Grecian state, is there any

thing which exactly corresponds with it. It is evident, therefore, that it

must have gradually obtained this peculiar character by causes which

operated upon the Lacedæmonian state alone. Hence it appears, that the

supposed expression of Theopompus referred rather to the powers of the

ephors in later times, than to their original condition. At least

Cleomenes the Third was ignorant of this account of them; since, after the

abolition of these magistrates, he proposed, in a speech to the people,

that the ephors should again be what they were originally (when they were

elected in the first Messenian war), viz., the deputies and assistants of

the king. In this proposal indeed a very partial view is displayed; for

every magistrate must necessarily choose his own deputy; whereas the

democratic election of the ephors was, as we shall presently see, an

essential part of their office. From the accounts just adduced, we do not

however wish to infer any thing further, than how variable were the

opinions, and how little historical the statements, concerning the

original object of the ephoralty.

2. In the constitution of Lycurgus, as it has been hitherto developed, the

ephoralty of later times would not only have been a superfluous, but a

destructive addition. For in this the king, the council, and the people

constituted the chief authorities; and to suppose that any part would

require either check or assistance, would have been inconsistent with the

plans of the legislator. A counter-authority, such as the ephoralty, in

which the mistrust of the people was expressed in a tyrannical manner, was

far removed from the innocence and simplicity of the original

constitution, and could not have been introduced, until the connexion and

firmness arising from the first laws had been loosened and enfeebled. The

Roman office of tribune had, doubtless, a certain similarity in its first

origin with the ephoralty;(470) yet the former was more imperatively

required, as by it an entire people, the _plebs Romana_, obtained a

necessary and fair representation; whereas in Sparta the gerusia, although

chosen from the most distinguished citizens, belonged nevertheless to the

whole Spartan people, and the democratic influence of the popular assembly

served as the basis of the whole constitution.(471)

If then the extended political power of the ephors did not belong to the

constitution of Lycurgus, neither can we suppose that it originated in the

time of Theopompus. For the statement is worthy of credit, that Theopompus

and Polydorus added the following words to the rhetra above quoted: “_If

however the people should follow a crooked opinion, the councillors and

princes shall dissent._” Now in the first place, the ephors are here

wholly omitted, although in the Peloponnesian war they put the vote to the

people, and frequently made proposals in the assembly; and, secondly, the

tendency of this clause is manifestly to diminish the power of the people;

whereas it will be more clearly shown below, that the authority of the

ephors rested upon democratical principles.

It is evident that these supposed historical traditions, instead of

affording any clear explanation, lead to contradictions; and in order to

obtain any distinct knowledge of the history of the ephoralty, we must

proceed rather upon the evidence furnished by the nature of the office

itself, and the analogy of similar offices in other states.

3. For this reason we will first consider the judicial authority of the

ephors, a power which we know to have belonged also to the ephors of

Cyrene. Now Aristotle(472) describes their judicial powers by saying, that

they decided causes relating to contracts, while the council decided

causes of homicide.(473) The latter was therefore a supreme criminal

court, with power of life and death; the former a civil court, which gave

judgment concerning contracts and property. Its influence upon the

Spartans would appear to have been inconsiderable, from the opinions

entertained by them on the division of property and exchange of money,

perhaps less than it really was; but however this may be, the Periœci and

Helots, when they were in Sparta, were under its jurisdiction. Now we have

already shown, that it was a principle of the Lacedæmonian government so

to divide the jurisdiction amongst the different magistrates, that the

administration and jurisdiction belonged to the same officers.(474) Hence

a superintendence over sales and over the market must have been the

original duty of the ephors, forming the basis of their judicial

authority.(475) The market, as being the central point of exchange, was no

unimportant object of care:(476) every Spartan here brought a part of the

corn produced by his estate, in order to exchange it for other

commodities: it was in a certain manner disgraceful not to have the power

of buying and selling;(477) a privilege which was also interdicted to

youths: moreover, in the days of mourning for the king, the market was

shut up and scattered with chaff.(478) The day upon which Cinadon,

according to the description of Xenophon,(479) secretly endeavoured to

inflame the minds of the lower classes, was evidently a market-day, and

also, in my opinion, a great day of justice. A king, the ephors, the

councillors, and about forty Spartans (ὅμοιοι), were in the market-place,

all probably in a judicial capacity: besides whom, there were about four

thousand men, chiefly occupied in buying and selling, as is seen from the

fact that in one part of the market a large quantity of iron fabrics was

heaped up. The ephors were therefore ἔφοροι (inspectors) over the market,

and for this reason they met regularly in this place,(480) where was also

situated their office.

The number of the college of ephors (five),(481) which it had in common

with some other magistrates of Sparta,(482) appears, as I conjectured

above,(483) to imply a democratic election—a fact which is also stated by

the ancients. We know from Aristotle, that persons from the people,

without property or distinction, could fill this office:(484) in what

manner, indeed, is not quite manifest. Properly indeed, no magistrate in

Sparta was chosen by lot;(485) but it appears that election by choice and

by lot were combined.(486) In this case we see displayed a principle of

the ancient Greek states, which administered the criminal jurisdiction on

aristocratic principles, while civil causes were decided by the whole

community, or its representatives. At Athens, Solon gave the popular

courts a jurisdiction only in civil suits; all criminal cases were decided

by the timocratic Areopagus, and the aristocratic Ephetæ. In Heraclea on

the Pontus, the chief officers were chosen from a small number of the

citizens, the courts of justice from the rest of the people.(487) And in

Sparta also the civil judges were the deputies of the assembly—the

ἁλίαια,(488) which in Athens itself acted as a court of justice under the

name of ἡλίαια.

4. From the view of this office now taken, the continued extension of the

powers of the ephors may be more easily accounted for. It was the regular

course of events in the Grecian states, that the civil courts enlarged

their influence, while the power of the criminal courts was continually on

the decline. As in Athens, the Helæeea rose, as compared with the

Areopagus, so in Sparta the power of the ephors increased in comparison

with that of the gerusia.

In the first place, the jurisdiction of the ephors was extended(489)

chiefly by their privilege of instituting scrutinies (εὔθυναι) into the

official conduct of all magistrates, with the exception of the

councillors.(490) By this indeed we are not to understand, that all

magistrates, after the cessation of their office, rendered an account of

their proceedings, but only that the ephors could compel them to undergo a

trial, if there had been any thing suspicious in their administration; a

right, however, as it extended over the ephors of the preceding year,(491)

which restrained the power that it bestowed. But the ephors were not

compelled to wait for the natural expiration of an office, they could

suspend or deprive the officer by their judicial powers.(492) Now in this

respect the king was in the very same situation with the remaining

magistrates, and could, as well as the others, be brought before the

tribunal of the ephors. Even before the Persian war, Cleomenes was tried

before them for bribery.(493) The king was always bound to obey their

summons:(494) but the fact of his not being compelled to yield till the

third time, was used by Cleomenes III. as an argument to prove that the

power of the ephors was originally an usurpation.(495) At the same time,

their power extended in practice so far, that they could accuse the king,

as well as the other magistrates, in extreme cases, without consulting the

assembly, and could bring him to trial for life and death.(496) This

larger court consisted of all the councillors, of the ephors, who thus

came before it as accusers, besides having the right of sitting as judges,

of the other king, and probably of several magistrates, who had all equal

votes.(497) From this court there was no appeal; it had power to condemn

the king to death;(498) although, until later times, it was prevented by a

religious scruple from executing this sentence.(499) That its proceedings

were commonly carried on with great propriety and composure, is stated

upon the occasion of an instance to the contrary.(500) This great court of

magistrates we frequently find deciding concerning public crimes with

supreme authority,(501) and the ephors acting in it as accusers:(502) but

that the ephors had power of themselves to punish with death, I deny most

decidedly:(503) whether they had authority to banish, I even doubt.(504)

The inaccuracy of later writers has confounded the steps preparatory to

the sentence, with the sentence itself; a power of life and death in the

hands of the ephors would have been worse than tyranny. The ephors, when

they judged for themselves, were only able to impose fines, and to compel

an instantaneous payment.(505) Their power of punishing the kings in this

manner, or by a reprimand, was doubtless very extensive, and appears to

have been subject to no limitation. Agesilaus was fined by them for

endeavouring to make himself popular,(506) and Archidamus was censured for

having married too small a wife,(507) which implies the opinion, that the

community had a right to require their kings to keep up a robust

family.(508) The kings, however, were compelled to submit to this

treatment, in a state in which every magistrate exercised the full powers

of his office with a certain degree of severity. We find, however, that

the ephors had also jurisdiction in cases which were neither civil actions

nor the scrutinies of public officers; for example, they punished a man

for having brought money into the state;(509) another for indolence;(510)

a third from the singular reason that he was generally injured and

insulted:(511) and their share in the superintendence of public

education,(512) as well as over the celebration of the public games,(513)

gave them a jurisdiction in causes relating to these points. In cases of

this kind, however, we are ignorant how far they acted as a separate

board, and how far in connexion with other magistrates, for example, as

assessors of the kings.(514) They judged according to unwritten laws, as

Sparta knew no others. Aristotle calls this, deciding according to their

will and pleasure.(515)

5. Another more important circumstance, as affecting the extension of the

power of the ephors, was, that these officers (from what time we are not

informed) placed themselves in connexion with the popular assembly, so

that they had a right to transact business with it in preference to all

other magistrates. They had power to convene the people,(516) and put the

vote to them.(517) They must in early times have had the privilege of

proposing laws(518) (but doubtless not till after they had passed through

the gerusia), if the ephor Chilon is correctly called a legislator.(519)

They also possessed great authority in transactions with foreign nations.

They admitted ambassadors, and had also power to dismiss them from the

boundary,(520) likewise to expel suspected foreigners from the state,(521)

and therefore they were probably the chief managers of the Xenelasia. They

frequently carried on the negotiations with foreign ambassadors, with full

powers of treating;(522) and had great influence, especially of a

preparatory nature,(523) upon declarations of war, as well as armistices

and treaties of peace,(524) which the ephors, and particularly the first

among them, swore to and subscribed in presence of other persons.(525) To

them also was intrusted the right of dismissing ambassadors.(526) In time

of war they were empowered to send out troops (φρουρὰν φαίνειν(527)) on

whatever day seemed to them expedient;(528) and they even appear to have

had authority to determine the number of men.(529) The army they then

intrusted to the king, or some other general,(530) who received from them

instructions how to act;(531) sent back to the ephors for fresh

instructions;(532) were restrained by them through the attendance of

extraordinary plenipotentiaries;(533) were recalled by means of the

scytale;(534) summoned before a judicial tribunal;(535) and their first

duty after their return was to visit the office of the ephors.(536) These

officers also sent commands, with respect to discipline, to standing

armies abroad,(537) Now in these cases the ephors must have acted, not

upon their own authority, but as the agents of the public assembly;(538)

it was their duty to execute the decrees of the people, the mode being

left in some degree to their discretion. For this reason the assembly is

frequently mentioned, together with the ephors, in the same cases in which

on other occasions the ephors alone are represented as acting. The ephors

were often manifestly mediators between the generals and the assembly. In

the field the king was followed by two ephors, who belonged to the council

of war;(539) it is probable that they had the chief care of the

maintenance of the army, as well as the division of the plunder:(540)

those ephors who remained behind in Sparta received the booty in charge,

and paid it in to the public treasury.(541) We also find the ephors

deciding with regard to conquered cities, whether they should be dependent

or independent;(542) they suppressed the ten governors appointed by

Lysander, nominated harmosts,(543) &c.; all evidently in the name and

authority of that power, which it would have been against all principles

of a free constitution to intrust to the college of ephors.

6. Although we are prevented from obtaining an entirely clear view of this

subject, and particularly from pointing out all the collisions between the

authority of the ephors and other magistrates, by the secret nature of the

Spartan constitution,(544) it is yet evident that the powers of the ephors

were essentially founded upon the supreme authority of the popular

assembly, whose agents and plenipotentiaries they were. Every popular

assembly is necessarily an unskilful body, and little able to act both

with energy and moderation; least of all was the Spartan assembly capable

of transacting and executing any complicated business. For this reason it

intrusted to the ephors, who were chosen upon democratic principles from

among the people, a power similar to that which the public leaders or

demagogues of Athens exercised in so pernicious a manner. Plato and

Aristotle compare their authority with a tyranny:(545) and it is to be

remembered that in Greece tyrants continually rose from demagogues.

Accordingly the ephors reached the summit of their power when they began

to lead the public assembly: it is probable that this was first done by

the ephor Asteropus, who is one of the first persons to whom the extension

of the powers of that office is ascribed,(546) and who probably lived not

long before the time of Chilon. The extensive political influence of

Lacedæmon also contributed to give a greater importance to the ephoralty.

Chasms arose in the constitution of Lycurgus, which had been intended for

a simpler state of things, and were filled up by the ambition of these

magistrates. The transactions with foreign states required a small number

of skilful and clever men; the gerusia was too helpless, simple, and

antiquated for this purpose; and accordingly the sphere of its operations

appears to have been confined to domestic affairs. And lastly, as the

finances of Sparta became continually an object of greater and greater

importance, the influence of the officers necessarily increased, who had,

as it appears, at all times the management of the treasury.

7. There are some other facts which may be added respecting the official

proceedings of the ephors. They commenced their annual office with the

autumnal equinox, the beginning of the Lacedæmonian year.(547) The first

of them gave his name to the year, which was called after him in all

public transactions. They commenced their official duties with a species

of edict, by which the secret officers (κρυπτοὶ) were sent out: it appears

from this that they also exercised a superintendence over the discipline

of the Helots and Periœci.(548) In the same edict it was ordered “_to

shave the beard_,” “_and obey the laws_,”(549) the former being a

metaphorical, and indeed rather a singular expression for subjection and

obedience. They held their daily meetings in the ephors’ office, in which

they also ate together.(550) In this house foreigners and ambassadors were

introduced, and hospitably entertained.(551) Next to the Ephoreum stood a

temple of Fear, which the dictatorial power of these magistrates doubtless

inspired in the citizens.(552) Lastly, these officers also required a

religious foundation for their dignity. The ephors at certain periods saw

dreams in the temple of Pasiphaa at Thalamæ, and their visions were

politically interpreted: we know that a dream of this kind stimulated the

Spartans to return to their ancient equality.(553) Of their periodical

inspection of the heavens we have already spoken, when treating of the

kingly office:(554) and it is remarkable that this custom, which was

doubtless of great antiquity, occurs first in very late times, and was

used in support of the tyranny of the ephors over the kings. It is these

later times in particular which confirm the assertion made in the

beginning of the chapter, that the ephoralty was the moving element, the

principle of change, in the Spartan constitution, and, in the end, the

cause of its final dissolution; for the ephors, being brought by means of

their jurisdiction and their political duties into extensive intercourse

with foreign nations, were the first to give up the severe customs of

ancient Sparta, and to admit a greater luxury of manners. Even Aristotle

censures their relaxed mode of life.(555) It is still more to our purpose

that the decrees which undermined the constitution of Sparta originated

from these magistrates: it was the ephor Epitadeus who first carried

through the law permitting the free inheritance of property. For this

reason it was necessary for the royal heroes Agis and Cleomenes, when, in

a fruitless but glorious struggle with the degenerate age, they undertook

to restore the constitution of Lycurgus, to begin with the overthrow of

the ephors.(556)

8. The undefined and vague nature of the authority of the ephors(557) is

strongly opposed to the accurate designation of the duties of the other

annual officers. Although there were many officers of this description at

Sparta, we seldom find any mention of them, as they rarely overstepped the

legal bounds of their authority. Yet it is possible that the name

τέλη,(558) which is so frequently used for the presidents of the assembly,

and the high court for state offences, and which to a foreigner rather

concealed than explained the internal affairs of Sparta, comprehended

other magistrates, according to the circumstances of the case, besides the

kings, councillors, and ephors. The nomophylaces and bidiæi,(559) as well

as the ephors, had their offices in the market-place. The duties of the

former officers are declared by their name, of their number we know

nothing; of the latter there were five, and their business was to inspect

the gymnastic exercises.(560) The harmosyni were appointed to superintend

the manners of the women;(561) the buagi regulated a part of the

education; to the empelori belonged the market-police.(562)

The polemarchs also, in addition to their military functions, had a civil,

together with a certain judicial power. In some Laconian inscriptions,

belonging to the Roman time, many names of nomophylaces, buagi, and

σύσσιτοι of the magistrates are recorded; the meaning of the latter

distinction is obscure. The election of regular nomophylaces was an

occurrence somewhat unusual.(563) With regard to later times we may

further observe, that the ephoralty, which was abolished by Cleomenes, was

re-established under the Roman dominion;(564) and that the same king

instituted a college of πατρονόμοι in the place of the gerusia,(565)

although Pausanias again mentions gerontes; unless it is possible that the

two councils coexisted. An inscription of the second century of the

Christian era(566) mentions a σύνδικος at Sparta, a public advocate, and

δαμοσιομάστης, a public inquisitor, and interpreter of the laws of

Lycurgus, concerning whom, as well as others of the magistrates here

mentioned, we will say more hereafter.(567)

The History and Antiquities of the Doric Race, Vol. 2 of 2 · 第 7 / 17 章