The Spartan lawgiver has been censured for the toleration of theft and adultery. Among that race of barbarians these habits were too general to admit of total prevention or universal punishment. By vesting all property in the commonwealth, instead of encouraging theft, he removed the possibility of the crime; and, in a nation where licentiousness was generally indulged, it was a great step towards introducing a purity of manners, to punish adultery in all cases wherein it was committed without the consent of all parties interested in its consequences.
Until the institution of representative republics, which are of recent date, it was found that those constitutions of government were best calculated for immediate energy and duration, which were interwoven with some religious system. The legislator who appears in the character of an inspired person renders his political institutions sacred, and interests the conscience as well as the judgment in their support. The Jewish lawgiver had this advantage over the Spartan: he appeared not in the character of a mere earthly governor, but as an interpreter of the divine will. By enjoining a religious observance of certain rites he formed his people to habitual obedience; by directing their cruelty against the breakers of the laws he at least mitigated the rancor of private hatred; by directing that real property should return to the original families in the year of Jubilee he prevented too great an equality of wealth; and by selecting a single tribe to be the interpreters of religion he prevented its mysteries from being the subject of profane and vulgar investigation. With a view of securing the permanence of his institutions, he prohibited intercourse with foreigners by severe restrictions, and formed his people to habits and a character disagreeable to other nations; so that any foreign intercourse was prevented by the mutual hatred of both parties.
To these institutions the laws of Lycurgus bear a striking resemblance. The features of his constitution were severe and forbidding; it was however calculated to inspire the most enthusiastic love of liberty and martial honor. In no country was the patriotic passion more energetic than in Sparta; no laws ever excluded the idea of separate property in an equal degree, or inspired a greater contempt for the manners of other nations. The prohibition of money, commerce and almost every thing desirable to effeminate nations, excluded foreigners from Sparta; and while it inspired the people with contempt for strangers it made them agreeable to each other. By these means Lycurgus rendered the nation warlike; and to insure the duration of the government he endeavored to interest the consciences of his people by the aid of oracles, and by the oath he is said to have exacted from them to obey his laws till his return, when he went into perpetual exile.