The laws by which the decisions were regulated were supposed to live in the breasts of the magistrates themselves; nor was there any written law during the flourishing times of Sparta. The interpreters of the laws of Lycurgus, who occur at a late period,(1036) appear to imply the existence of a written code, if they are compared with the Syracusan interpreters of the code of Diocles;(1037) yet it is possible that they may have merely given answers from an innate knowledge of the traditional law, like the ἐξηγηταὶ τῶν πατρίων at Athens.(1038) Thus also it was allowed to the judges to impose punishments according to their own pleasure; the laws of Sparta contained no special enactments on this point, which were first added by Zaleucus to his code.(1039) 3. Among the various punishments which occur, fines levied on property would appear ridiculous in any other state than Sparta on account of their extreme lowness. Perseus in his treatise on the Lacedæmonian government, says, that “the judge immediately condemns the rich man to the loss of a dessert (ἐπάïκλον); the poor he orders to bring a reed, or a rush, or laurel-leaves for the public banquet.” Nicocles the Lacedæmonian says, upon the same subject, “when the ephor has heard all the witnesses, he either acquits the defendant or condemns him: and the successful plaintiff slightly fines him in a cake, or some laurel-leaves,” which were used to give a relish to the cakes.(1040) From this it is evident that actions were heard before the ephors, and probably in private cases, in which the plaintiff assessed the fine (ἀγῶνες τιμητοὶ). Large fines of money in early times only occur as being paid by the kings, but afterwards by generals, harmosts, &c.(1041) The defendant was frequently condemned to leave the country.(1042) It is hardly possible that a complete confiscation of property, extending to land, could have been permitted in Sparta,(1043) although it is mentioned in Argos and Phlius. Imprisonment was never employed in Sparta as a penalty for a free citizen, but only as a means of preventing the escape of an accused person. Corporal punishment preceded, as in the case of Cinadon, the infliction of death; but was not a separate penalty.(1044) On the other hand, infamy (ἀτιμία) was the more frequently used as a punishment, from the deep impression which it made on the mind of a Spartan.(1045) The highest degree of this infamy, as it appears, fell upon the coward, who either left the ranks and fled from battle, or returned without the rest of the army, as Aristodemus from Thermopylæ.(1046) A person thus excommunicated could fill no public office; had the lowest place in the choruses; in the game of ball neither party would have him on their side; he could find no competitor in the gymnasia, no companion of his tent in the field. The flame of his hearth was extinguished, as he was unable to obtain fire from any person. He was compelled to maintain his daughters at home, or, if unmarried, to live in