Athens: Its Rise and Fall, Book IV

by Baron Edward Bulwer Lytton Lytton

If we intrust a wide political suffrage to the people, the people at least hold no trust for others than themselves and their posterity— they are not responsible to the public, for they are the public. But in law, where there are two parties concerned, the plaintiff and defendant, the judge should not only be incorruptible, but strictly responsible. In Athens the people became the judge; and, in offences punishable by fine, were the very party interested in procuring condemnation; the numbers of the jury prevented all responsibility, excused all abuses, and made them susceptible of the same shameless excesses that characterize self-elected corporations—from which appeal is idle, and over which public opinion exercises no control. These numerous, ignorant, and passionate assemblies were liable at all times to the heats of party, to the eloquence of individuals—to the whims and caprices, the prejudices, the impatience, and the turbulence which must ever be the characteristics of a multitude orally addressed. It was evident, also, that from service in such a court, the wealthy, the eminent, and the learned, with other occupation or amusement, would soon seek to absent themselves. And the final blow to the integrity and respectability of the popular judicature was given at a later period by Pericles, when he instituted a salary, just sufficient to tempt the poor and to be disdained by the affluent, to every dicast or juryman in the ten ordinary courts [222]. Legal science became not the profession of the erudite and the laborious few, but the livelihood of the ignorant and idle multitude. The canvassing—the cajoling—the bribery—that resulted from this, the most vicious institution of the Athenian democracy—are but too evident and melancholy tokens of the imperfection of human wisdom. Life, property, and character were at the hazard of a popular election. These evils must have been long in progressive operation; but perhaps they were scarcely visible till the fatal innovation of Pericles, and the flagrant excesses that ensued allowed the people themselves to listen to the branding and terrible satire upon the popular judicature, which is still preserved to us in the comedy of Aristophanes.

At the same time, certain critics and historians have widely and grossly erred in supposing that these courts of "the sovereign multitude" were partial to the poor and hostile to the rich. All testimony proves that the fact was lamentably the reverse. The defendant was accustomed to engage the persons of rank or influence whom he might number as his friends, to appear in court on his behalf. And property was employed to procure at the bar of justice the suffrages it could command at a political election. The greatest vice of the democratic Heliaea was, that by a fine the wealthy could purchase pardon—by interest the great could soften law. But the chances were against the poor man. To him litigation was indeed cheap, but justice dear. He had much the same inequality to struggle against in a suit with a powerful antagonist, that he would have had in contesting with him for an office in the administration. In all trials resting on the voice of popular assemblies, it ever has been and ever will be found, that, caeteris paribus, the aristocrat will defeat the plebeian.

VIII. Meanwhile the progress of general education had been great and remarkable. Music [223], from the earliest time, was an essential part of instruction; and it had now become so common an acquirement, that Aristotle [224] observes, that at the close of the Persian war there was scarcely a single freeborn Athenian unacquainted with the flute. The use of this instrument was afterward discontinued, and indeed proscribed in the education of freemen, from the notion that it was not an instrument capable of music sufficiently elevated and intellectual [225]; yet it was only succeeded by melodies more effeminate and luxurious. And Aristophanes enumerates the change from the old national airs and measures among the worst symptoms of Athenian degeneracy. Besides the musician, the tutor of the gymnasium and the grammarian still made the nominal limit of scholastic instruction. [226] But life itself had now become a school. The passion for public intercourse and disputation, which the gardens and the Agora, and exciting events, and free institutions, and the rise of philosophy, and a serene and lovely climate, made the prevalent characteristic of the matured Athenian, began to stir within the young. And in the mean while the tardy invention of prose literature worked its natural revolution in intellectual pursuits.

IX. It has been before observed, that in Greece, as elsewhere, the first successor of the poet was the philosopher, and that the oral lecturer preceded the prose writer. With written prose HISTORY commenced. Having found a mode of transmitting that species of knowledge which could not, like rhythmical tales or sententious problems, be accurately preserved by the memory alone, it was natural that a present age should desire to record and transmit the past— chtaema es aei—an everlasting heirloom to the future.

To a semi-barbarous nation history is little more than poetry. The subjects to which it would be naturally devoted are the legends of religion—the deeds of ancestral demigods—the triumphs of successful war. In recording these themes of national interest, the poet is the first historian. As philosophy—or rather the spirit of conjecture, which is the primitive and creative breath of philosophy—becomes prevalent, the old credulity directs the new research to the investigation of subjects which the poets have not sufficiently explained, but which, from their remote and religious antiquity, are mysteriously attractive to a reverent and inquisitive population, with whom long descent is yet the most flattering proof of superiority. Thus genealogies, and accounts of the origin of states and deities, made the first subjects of history, and inspired the Argive Acusilaus [227], and, as far as we can plausibly conjecture, the Milesian Cadmus.

X. The Dorians—a people who never desired to disturb tradition, unwilling carefully to investigate, precisely because they superstitiously venerated, the past, little inquisitive as to the manners or the chronicles of alien tribes, satisfied, in a word, with themselves, and incurious as to others—were not a race to whom history became a want. Ionia—the subtle, the innovating, the anxious, and the restless—nurse of the arts, which the mother country ultimately reared, boasts in Cadmus the Milesian the first writer of history and of prose [228]; Samos, the birthplace of Pythagoras, produced Eugeon, placed by Dionysius at the head of the early historians; and Mitylene claimed Hellanicus, who seems to have formed a more ambitious design than his predecessors. He wrote a history of the ancient kings of the earth, and an account of the founders of the most celebrated cities in each kingdom [229]. During the early and crude attempts of these and other writers, stern events contributed to rear from tedious research and fruitless conjecture the true genius of history; for it is as a people begin to struggle for rights, to comprehend political relations, to contend with neighbours abroad, and to wrestle with obnoxious institutions at home, that they desire to secure the sanction of antiquity, to trace back to some illustrious origin the rights they demand, and to stimulate hourly exertions by a reference to departed fame. Then do mythologies, and genealogies, and geographical definitions, and the traditions that concern kings and heroes, ripen into chronicles that commemorate the convulsions or the progress of a nation.

During the stormy period which saw the invasion of Xerxes (B. C. 480), when everything that could shed lustre upon the past incited to present struggles, flourished Pherecydes. He is sometimes called of Leria, which seems his birthplace—sometimes of Athens, where he resided thirty years, and to which state his history refers. Although his work was principally mythological, it opened the way to sound historical composition, inasmuch as it included references to later times—to existent struggles—the descent of Miltiades—the Scythian expedition of Darius. Subsequently, Xanthus, a Lydian, composed a work on his own country (B. C. 463), of which some extracts remain, and from which Herodotus did not disdain to borrow.

XI. It was nearly a century after the invention of prose and of historical composition, and with the guides and examples of, many writers not uncelebrated in their day before his emulation, that Herodotus first made known to the Grecian public, and, according to all probable evidence, at the Olympic Games, a portion of that work which drew forth the tears of Thucydides, and furnishes the imperishable model of picturesque and faithful narrative. This happened in a brilliant period of Athenian history; it was in the same year as the battle of Oenophyta, when Athens gave laws and constitutions to Boeotia, and the recall of Cimon established for herself both liberty and order. The youth of Herodotus was passed while the glory of the Persian war yet lingered over Greece, and while with the ascendency of Athens commenced a new era of civilization. His genius drew the vital breath from an atmosphere of poetry. The desire of wild adventure still existed, and the romantic expedition of the Athenians into Egypt had served to strengthen the connexion between the Greeks and that imposing and interesting land. The rise of the Greek drama with Aeschylus probably contributed to give effect, colour, and vigour to the style of Herodotus. And something almost of the art of the contemporaneous Sophocles may be traced in the easy skill of his narratives, and the magic yet tranquil energy of his descriptions.

XII. Though Dorian by ancient descent, it was at Halicarnassus, in Caria, a city of Asia Minor, that Herodotus was born; nor does his style, nor do his views, indicate that he derived from the origin of his family any of the Dorian peculiarities. His parents were distinguished alike by birth and fortune. Early in life those internal commotions, to which all the Grecian towns were subjected, and which crushed for a time the liberties of his native city, drove him from Halicarnassus: and, suffering from tyranny, he became inspired by that enthusiasm for freedom which burns throughout his immortal work. During his exile he travelled through Greece, Thrace, and Macedonia—through Scythia, Asia, and Egypt. Thus he collected the materials of his work, which is, in fact, a book of travels narrated historically. If we do not reject the story that he read a portion of his work at the Olympian Games, when Thucydides, one of his listeners, was yet a boy, and if we suppose the latter to have been about fifteen, this anecdote is calculated [230] to bear the date of Olym. 81, B. C. 456, when Herodotus was twenty-eight.

The chief residence of Herodotus was at Samos, until a revolution broke out in Halicarnassus. The people conspired against their tyrant Lygdamis. Herodotus repaired to his native city, took a prominent part in the conspiracy, and finally succeeded in restoring the popular government. He was not, however, long left to enjoy the liberties he had assisted to acquire for his fellow-citizens: some intrigue of the counter-party drove him a second time into exile. Repairing to Athens, he read the continuation of his history at the festival of the Panathenaea (B. C. 446). It was received with the most rapturous applause; and we are told that the people solemnly conferred upon the man who had immortalized their achievements against the Mede the gift of ten talents. The disposition of this remarkable man, like that of all travellers, inclined to enterprise and adventure. His early wanderings, his later vicissitudes, seem to have confirmed a temperament originally restless and inquisitive. Accordingly, in his forty-first year, he joined the Athenian emigrators that in the south of Italy established a colony at Thurium (B. C. 443).