aim not to give useless and curious details, but to
show how far in general the enlightened nations of antiquity made
attainments in those things which we call civilization, and particularly
in that great department which concerns so nearly all human
interests,--that of the regulation of mutual social relations; and this
by modes and with results which have had their direct influence upon our
modern times.
When we consider the native genius of the Greeks, and their marvellous
achievements in philosophy, literature, and art, we are surprised that
they were so inferior to the Romans in jurisprudence,--although in the
early days of the Roman republic a deputation of citizens was sent to
Athens to study the laws of Solon. But neither nations nor individuals
are great in everything. Before Solon lived, Lycurgus had given laws to
the Spartans. This lawgiver, one of the descendants of Hercules, was
born, according to Grote, about eight hundred and eighty years before
Christ, and was the uncle of the reigning king. There is, however, no
certainty as to the time when he lived; it was probably about the period
when Carthage was founded by the Phoenicians. He instituted the Spartan
senate, and gave an aristocratic form to the constitution. But the
senate, composed of about thirty old men who acted in conjunction with
the two kings, did not differ materially from the council of chiefs, or
old men, found in other ancient Grecian States; the Spartan chiefs
simply modified or curtailed the power of the kings. In the course of
time the senate, with the kings included in it, became the governing
body of the State, and this oligarchical form of government lasted
several hundred years. We know but little of the especial laws given by
Lycurgus. We know the distinctions of society,--citizens and helots,
and their mutual relations,--the distribution of lands to check luxury,
the public men, the public training of youth, the severe discipline to
which all were subjected, the cruelty exercised towards slaves, the
attention given to gymnastic exercises and athletic sports,--in short,
the habits and customs of the people rather than any regular system of
jurisprudence. Lycurgus was the trainer of a military brotherhood rather
than a law-giver. Under his regime the citizen belonged to the State
rather than to his family, and all the ends of the State were warlike
rather than peaceful,--not looking to the settlement of quarrels on
principles of
|