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.
general honour;(383) none but men of distinguished families, blameless
lives, and eminent station, could occupy it.(384) Being an office which
was held for life,(385) it never could happen that more than one
individual was elected at a time, and the eyes of the whole state were
directed towards the choice of this one person. Distinguished men,
therefore, bordering upon old age, probably always from the oba to which
the person whose place was vacated had belonged,(386) offered themselves
upon their own judgment(387) before the tribunal of the public voice.
Their advanced age enabled the electors to consider and examine a long
public life, and ensured to the state the greatest prudence and experience
in the elected. To provide against the weakness of age, which Aristotle
considers as a defect attendant on this mode of election, was unnecessary
for a time and a state whose inhabitants enjoyed the highest bodily
health. The aristocratic tendency of the office required that the
candidates should be nominated by vote, not by lot, but yet by the whole
people;(388) and that they themselves should meet with the good-will of
every person; which was particularly required for this dignity.
2. When they had passed through this ordeal they were for ever relieved
from all further scrutiny, and were trusted to their own conscience.(389)
They were subject to no responsibility, since it was thought that the near
prospect of death would give them more moderation,(390) than the fear of
incurring at the cessation of their office the displeasure of the
community; to whom in other states the power of calling the highest
officers to account was intrusted. The spirit of this aristocratic
institution was, that the councillors were morally perfect, and hence it
gave them a complete exemption from all fear as to the consequences of
their actions. To later politicians it appeared still more dangerous that
the councillors of Sparta acted upon their own judgment, and not according
to written laws; but only because they did not take into account the power
of custom and of ancient habit (the ἄγραφα νόμιμα, πάτριοι νόμοι),(391)
which have an absolute sway, so long as the internal unity of a people is
not separated and destroyed. Upon unwritten laws, which were fixed in the
hearts of the citizens, and were there implanted by education, the whole
public and legal transactions of the Spartans depended; and these were
doubtless most correctly delivered through the mouths of the experienced
old men, whom the community had voluntarily selected as its best citizens.
Thousands of written laws always leave open a door for the entrance of
arbitrary decision, if they have not by their mutual connexion a complete
power of supplying what is deficient; this power is, however, alone
possessed by the law, connate with the people, which, in the ancient
simple times, when national habits are preserved in perfect purity, is
better maintained by custom fixed under the inspection of the best men,
Public-domain text, read in full here on John Shaqi.
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