We are not of course to construe the Homeric description as anything
more than an _idéal_, approximating to actual reality. But, allowing
all that can be required for such a limitation, it exhibits the agora
more as a special medium of publicity and intercommunication,[103]
from the king to the body of the people, than as including any idea
of responsibility on the part of the former or restraining force
on the part of the latter, however such consequences may indirectly
grow out of it. The primitive Grecian government is essentially
monarchical, reposing on personal feeling and divine right: the
memorable dictum in the Iliad is borne out by all that we hear of the
actual practice; “The ruler of many is not a good thing: let us have
one ruler only,—one king,—him to whom Zeus has given the sceptre and
the tutelary sanctions.”[104]
[103] A similar character is given of the public assemblies of
the early Franks and Lombards (Pfeffel, Histoire du Droit Public
en Allemagne, t. i. p. 18; Sismondi, Histoire des Républiques
Italiennes, t. i. c. 2, p. 71).
Dionysius of Halikarnassus (ii. 12) pays rather too high a
compliment to the moderation of the Grecian heroic kings.
The kings at Rome, like the Grecian heroic kings, began with an
ἀρχὴ ἀνυπεύθυνος: the words of Pomponius (De Origine Juris, i.
2,) would be perhaps more exactly applicable to the latter than
to the former: “Initio civitatis nostræ Populus sine certâ lege,
sine jure certo, primum agere instituit: omniaque manu a Regibus
gubernabantur.” Tacitus says (Ann. iii. 26), “Nobis Romulus,
ut libitum, imperitaverat: dein Numa religionibus et divino
jure populum devinxit, repertaque quædam a Tullo et Anco: sed
præcipuus Servius Tullius sanctor legum fuit, quis etiam Reges
obtemperarent.” The appointment of a Dictator under the Republic
was a reproduction, for a short and definite interval, of this
old unbounded authority (Cicero, De Repub. ii. 32; Zonaras, Ann.
vii. 13; Dionys. Hal. v. 75).
See Rubino, Untersuchungen über Römische Verfassung und
Geschichte, Cassel, 1839, buch i. abschnitt 2, pp. 112-132; and
Wachsmuth, Hellenische Alterthumskunde, i. sect. 18, pp. 81-91.
[104] Iliad, ii. 204. Agamemnôn promises to make over to Achilles
seven well-peopled cities, with a body of wealthy inhabitants
(Iliad, ix. 153); and Menelaus, if he could have induced Odysseus
to quit Ithaka, and settle near him in Argos, would have
depopulated one of his neighboring towns in order to make room
for him (Odyss. iv. 176).
Manso (Sparta, i. 1, p. 34) and Nitzsch (ad Odyss. iv. 171) are
inclined to exclude these passages as spurious,—a proceeding, in
my opinion, inadmissible, without more direct grounds than they
are able to produce.
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