4. The Lacedaemonian Constitution

When we attempt to specify the reforms of Lycurgus the tradition becomes contradictory and confused. It is difficult to say which elements of the Spartan code preceded Lycurgus, which were created by him or his generation, and which were added after him. Plutarch and Polybius³⁸ assure us that Lycurgus redistributed the land of Laconia into thirty thousand equal shares among the citizens; Thucydides³⁹ implies that there was no such distribution. Perhaps old properties were left untouched, while the newly conquered land was equally divided. Like Cleisthenes of Sicyon and Cleisthenes of Athens, Lycurgus (viz., the authors of the Lycurgean constitution) abolished the kinship organization of Laconian society, and replaced it with geographical divisions; in this way the power of the old families was broken, and a wider aristocracy was formed. To prevent the displacement of this landowning oligarchy by such mercantile classes as were gaining leadership in Argos, Sicyon, Corinth, Megara, and Athens, Lycurgus forbade the citizens to engage in industry or trade, prohibited the use or importation of silver or gold, and decreed that only iron should be used as currency. He was resolved that the Spartans (i.e., the landowning citizens) should be left free for government and war.

It was a boast of ancient conservatives⁴⁰ that the Lycurgean constitution endured so long because the three forms of government—monarchy, aristocracy, and democracy—were united in it, and in such proportions that each element neutralized the others against excess. Sparta’s monarchy was really a duarchy, since it had concurrently two kings, descending from the invading Heraclids. Possibly this strange institution was a compromise between two related and therefore rival houses, or a device to secure without absolutism the psychological uses of royalty in maintaining social order and national prestige. Their powers were limited: they performed the sacrifices of the state religion, headed the judiciary, and commanded the army in war. In all matters they were subordinate to the Senate; and after Plataea they lost more and more of their authority to the ephors.

The aristocratic and predominant element of the constitution resided in the Senate, or gerousia, literally and actually a group of old men; normally citizens under sixty were considered too immature for its deliberations. Plutarch gives their number as twenty-eight, and tells an incredible story of their election. When a vacancy occurred candidates were required to pass silently and in turn before the Assembly; and he who was greeted with the loudest and longest shouts was pronounced elected.⁴¹ Perhaps this was thought to be a realistic and economical abbreviation of the fuller democratic process. We do not know which of the citizens were eligible to such election; presumably they were the homoioi, or equals, who owned the soil of Laconia, had served in the army, and brought their quota of food to the public mess.⁴² The Senate originated legislation, acted as a supreme court in capital crimes, and formulated public policy.

The Assembly, or apella, was Sparta’s concession to democracy. Apparently all male citizens were admitted to it upon reaching the age of thirty; some eight thousand males were eligible in a population of 376,000. It met on each day of the full moon. All matters of great public moment were submitted to it, nor could any law be passed without its consent. Few laws, however, were ever added to the Lycurgean constitution; and these the Assembly might accept or reject, but not discuss or amend. It was essentially the old Homeric public meeting, listening in awe to the council of chiefs and elders, or to the army-commanding kings. Theoretically sovereignty resided in the apella; but an amendment made to the constitution after Lycurgus empowered the Senate, if it judged that the Assembly had decided “crookedly,” to reverse the decision.⁴³ When an advanced thinker asked Lycurgus to establish a democracy Lycurgus replied, “Begin, my friend, by setting it up in your own family.”⁴⁴

Cicero compared the five ephors (i.e., overseers) to the Roman tribunes, since they were chosen annually by the Assembly; but they corresponded more to the Roman consuls, as wielding an administrative power checked only by the protests of the Senate. The ephorate existed before Lycurgus, and yet is not mentioned in such reports of his legislation as have reached us. By the middle of the sixth century the ephors had become equal in authority to the kings; after the Persian War they were practically supreme. They received embassies, decided disputes at law, commanded the armies, and directed, absolved, or punished the kings.

The enforcement of the government’s decrees was entrusted to the army and the police. It was the custom of the ephors to arm certain of the younger Spartans as a special and secret police (the krypteia), with the right to spy upon the people, and, in the case of Helots, to kill at their discretion.⁴⁵ This institution was used at unexpected times, even to do away with Helots who, though they had served the state bravely in war, were feared by the masters as able and therefore dangerous men. After eight years of the Peloponnesian War, says the impartial Thucydides,

the Helots were invited by a proclamation to pick out those of their number who claimed to have most distinguished themselves against the enemy, in order that they might receive their freedom; the object being to test them, as it was thought that the first to claim their freedom would be the most high-spirited and the most apt to rebel. As many as two thousand were selected accordingly, who crowned themselves and went round the temples, rejoicing in their new freedom. The Spartans, however, soon afterwards did away with them, and no one ever knew how each of them perished.⁴⁶

The power and pride of Sparta was above all in its army, for in the courage, discipline, and skill of these troops it found its security and its ideal. Every citizen was trained for war, and was liable to military service from his twentieth to his sixtieth year. Out of this severe training came the hoplites of Sparta—those close-set companies of heavy-armed, spearhurling citizen infantry that were the terror even of the Athenians, and remained practically undefeated until Epaminondas overcame them at Leuctra. Around this army Sparta formed its moral code: to be good was to be strong and brave; to die in battle was the highest honor and happiness; to survive defeat was a disgrace that even the soldier’s mother could hardly forgive. “Return with your shield or on it,” was the Spartan mother’s farewell to her soldier son. Flight with the heavy shield was impossible.