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Gerousia

Senate of ancient Sparta

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Power and importance

At Sparta, political power was divided between three deliberative bodies, the Gerousia, the Ephorate, and the Assembly. Although the relative power and importance of the Gerousia with respect to these other two bodies are a matter of scholarly debate, the Gerousia was, apparently, the most prestigious. Since membership in the Gerousia was for life, being a geron was particularly prestigious within a Spartan society that accorded great respect to old age, and within the Gerousia, the votes of the "ordinary" geron carried as much weight as that of each of the kings.

A newly elected geron received considerable institutionalized honors. According to Plutarch, a new geron crowned himself with a victory wreath, and visited each of the city's temples and shrines, leading a large procession of young men and women singing his praise. After which he was feted at a series of private banquets. At the following common mess, he received two portions of food, one of which he set aside, whereupon at the end of the meal, his female relatives would gather at the mess hall doorway, and he would give his second portion to the one he most esteemed, who would then be lauded and escorted home by the others.

The Gerousia performed important judicial, legislative, and supervisory functions.

Judicial

The Gerousia was the highest court of law in Sparta, serving as the court in charge of capital cases. Both Xenophon and Aristotle report on the kinds of cases the Gerousia had jurisdiction over. According to Xenophon, the Gerousia was in charge of offenses subject to the death penalty (τοὺς γέροντας κυρίους τοῦ περὶ τῆς ψυχῆς ἀγῶνος). According to Aristotle, the Gerousia presided over cases of homicide (while the Ephorate took cases of breach of contract, and other magistrates handled other kinds of cases), and in another passage (presumably referring to the Gerousia) he writes that a "few persons have the power to sentence to death and exile, and a number of other such matters". As Plutarch describes it, the gerontes were "lord[s] ... of life and death, honour and dishonour, and all the greatest issues of life."

Even the Spartan kings could be subject to the criminal jurisdiction of the Gerousia (sometimes at least in conjunction with the five ephors). According to the second-century AD travel writer Pausanias, the court (δικαστήριον) responsible for the trial of a Spartan king consisted of the twenty-eight gerontes, the ephors, and the other king; in the trial of king Pausanias, in 403 BC, fourteen gerontes and king Agis II voted guilty, and rest of the gerontes and ephors voted for acquittal. Although this is the only trial of a king for which the Gerousia is explicitly mentioned as having been involved, Pausanias' description of the makeup of such a tribunal is generally accepted as having been the established practice. The Gerousia's judicial authority could entail political power as well, as the threat of prosecution could exert considerable influence over the conduct of Spartan foreign policy.

Legislative

The Gerousia helped shape state policy through its powers of probouleusis and nomophulakia. Probouleusis (preliminary deliberation) was a common feature of most Ancient Greek decision-making procedures, whereby a select council or group of officials drafted motions and submitted them to a popular assembly for ratification. According to Plutarch, the source of the Gerousia's power was its probouleutic privilege of submitting measures (probouleumata) to be presented to the Assembly. The procedure (at least at the time of the reign of Agis IV) seems to have been that, in order for a bill to become law, it had first to be introduced by an ephor into the Gerousia for discussion and approval before it was then submitted to a vote in the Assembly.

The Gerousia also held the power of nomophulakia (guardianship of the law) designed to protect Spartan nomos (practice, custom, and law), a power meant to insure both the legality of the enactments passed by the Assembly, as well as their conformity with traditional Spartan norms. An explicit example of this power of nomophulakia is perhaps found in the Great Rhetra, according to the usual interpretation of which, the Gerousia not only could submit proposals to the Assembly, but could also veto any action of the Assembly. There is, however, no unequivocal evidence that this veto power was ever employed.

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