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.
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
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