The History and Antiquities of the Doric Race, Vol. 2 of 2Müller, Karl Otfried
History
The History and Antiquities of the Doric Race, Vol. 2 of 2
Müller, Karl Otfried
Dorians -- History; Greece -- Antiquities, Dorian; Greece -- History -- Dorian Invasions, approximately 1125-1025 B.C.
2. The courts of justice in Sparta have already been spoken of in several
places.(1025) The Gerusia decided all criminal causes, together with most
others which affected the conduct of the citizens; the other jurisdiction
was divided among the magistrates according to the branches of their
administration.(1026) The ephors decided all disputes concerning money and
property, as well as in accusations against responsible officers, provided
they were not of a criminal nature; the kings decided in causes of
heiresses and adoptions, and the bidiæi in disputes arising at the
gymnasia. Public offences, particularly of the kings and other
authorities, were decided by a supreme court of judicature.(1027) The
popular assembly had probably no judicial functions; disputes concerning
the succession to the throne were referred to it only after ineffectual
attempts to settle them, and it then passed a decree.(1028) The assembly
took the case of those who fled from their ranks at the battle of Leuctra
out of the hands of the regular court, by nominating an extraordinary
nomothetes for the occasion, and afterwards confirming his proposal.(1029)
It does not appear that the practice of ostracism was known in the Doric
states before the destruction of the early constitution.(1030) Arbitrators
were also employed at Sparta for the decision of private cases, as in the
Homeric time;(1031) but whether they were publicly appointed, as in
Athens, is not known.
At Sparta, as well as at Athens, the parties interested were, of course,
entitled to accuse in private causes; and in criminal cases the next of
kin; it cannot however be supposed that in Sparta, as in Athens, every
citizen of the state was empowered to institute a public action; as a
regulation of this kind appears too inseparably connected with democracy.
Private individuals were therefore only permitted to lay an information
before a magistrate, which was also allowed to the Helots;(1032) the
action being conducted, as we find to have been so frequently the case
with the ephors, by some public officer. In the judicial procedure of
Sparta, it is probable that much of the ancient Grecian simplicity
remained, which Aristotle for example remarks in the criminal proceedings
of the Æolic Cume, where in trials for murder witnesses from the family of
the murdered person were sufficient to prove the offence.(1033) In the
ancient laws of Rhadamanthus, disputes were generally decided in a very
summary manner by oath,(1034) and the legislation of Charondas for the
Chalcidean colonies was the first that instituted inquiries concerning
false testimony.(1035)
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