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.
having married too small a wife,(507) which implies the opinion, that the
community had a right to require their kings to keep up a robust
family.(508) The kings, however, were compelled to submit to this
treatment, in a state in which every magistrate exercised the full powers
of his office with a certain degree of severity. We find, however, that
the ephors had also jurisdiction in cases which were neither civil actions
nor the scrutinies of public officers; for example, they punished a man
for having brought money into the state;(509) another for indolence;(510)
a third from the singular reason that he was generally injured and
insulted:(511) and their share in the superintendence of public
education,(512) as well as over the celebration of the public games,(513)
gave them a jurisdiction in causes relating to these points. In cases of
this kind, however, we are ignorant how far they acted as a separate
board, and how far in connexion with other magistrates, for example, as
assessors of the kings.(514) They judged according to unwritten laws, as
Sparta knew no others. Aristotle calls this, deciding according to their
will and pleasure.(515)
5. Another more important circumstance, as affecting the extension of the
power of the ephors, was, that these officers (from what time we are not
informed) placed themselves in connexion with the popular assembly, so
that they had a right to transact business with it in preference to all
other magistrates. They had power to convene the people,(516) and put the
vote to them.(517) They must in early times have had the privilege of
proposing laws(518) (but doubtless not till after they had passed through
the gerusia), if the ephor Chilon is correctly called a legislator.(519)
They also possessed great authority in transactions with foreign nations.
They admitted ambassadors, and had also power to dismiss them from the
boundary,(520) likewise to expel suspected foreigners from the state,(521)
and therefore they were probably the chief managers of the Xenelasia. They
frequently carried on the negotiations with foreign ambassadors, with full
powers of treating;(522) and had great influence, especially of a
preparatory nature,(523) upon declarations of war, as well as armistices
and treaties of peace,(524) which the ephors, and particularly the first
among them, swore to and subscribed in presence of other persons.(525) To
them also was intrusted the right of dismissing ambassadors.(526) In time
of war they were empowered to send out troops (φρουρὰν φαίνειν(527)) on
whatever day seemed to them expedient;(528) and they even appear to have
had authority to determine the number of men.(529) The army they then
intrusted to the king, or some other general,(530) who received from them
instructions how to act;(531) sent back to the ephors for fresh
instructions;(532) were restrained by them through the attendance of
extraordinary plenipotentiaries;(533) were recalled by means of the
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