as a political or legal treatise. But although the Laws partake both of an Athenian and a Spartan character, the elements which are borrowed from either state are necessarily very different, because the character and origin of the two governments themselves differed so widely. Sparta was the more ancient and primitive: Athens was suited to the wants of a later stage of society. The relation of the two states to the Laws may be conceived in this manner:--The foundation and ground-plan of the work are more Spartan, while the superstructure and details are more Athenian. At Athens the laws were written down and were voluminous; more than a thousand fragments of them have been collected by Telfy. Like the Roman or English law, they contained innumerable particulars. Those of them which regulated daily life were familiarly known to the Athenians; for every citizen was his own lawyer, and also a judge, who decided the rights of his fellow-citizens according to the laws, often after hearing speeches from the parties interested or from their advocates. It is to Rome and not to Athens that the invention of law, in the modern sense of the term, is commonly ascribed. But it must be remembered that long before the times of the Twelve Tables (B.C. 451), regular courts and forms of law had existed at Athens and probably in the Greek colonies. And we may reasonably suppose, though without any express proof of the fact, that many Roman institutions and customs, like Latin literature and mythology, were partly derived from Hellas and had imperceptibly drifted from one shore of the Ionian Sea to the other (compare especially the constitutions of Servius Tullius and of Solon). It is not proved that the laws of Sparta were in ancient times either written down in books or engraved on tablets of marble or brass. Nor is it certain that, if they had been, the Spartans could have read them. They were ancient customs, some of them older probably than the settlement in Laconia, of which the origin is unknown; they occasionally received the sanction of the Delphic oracle, but there was a still stronger obligation by which they were enforced,--the necessity of self-defence: the Spartans were always living in the presence of their enemies. They belonged to an age when written law had not yet taken the place of custom and tradition. The old constitution was very rarely affected by new enactments, and these only related to the duties of the Kings or Ephors, or the new relations of classes which arose as time went on. Hence there was as great a difference as could well be conceived between the Laws of Athens and Sparta: the one was the creation of a civilized state, and did not differ in principle from our modern legislation, the other of an age in which the people were held together and also kept down by force of arms, and which afterwards retained many traces of its barbaric origin 'surviving in culture.'