What Have the Greeks Done for Modern Civilisation?

by J. P. Mahaffy

You must remember that in the small Greek polity, which consisted of a city and a territory of twenty or thirty miles square, the expedient of choosing representatives locally and sending them to the central assembly was never felt to be necessary. The citizen must go himself to the assembly and spend his day there; he was liable to be chosen (often by lot, that considers no convenience) for duties either administrative or judicial. It was evident that those bound to earn their daily bread must stand aside and permit the more leisured classes to do this work. This leisured class, moreover, was greatly enlarged by the existence of slaves, for even the poor Athenian had his manual labour done for him and so had the necessary time for attending public duties. The Greeks never dreamt of giving their judges or politicians large salaries, as we do, holding that the state had a right to claim the whole life and energy of its citizens. Against one another these citizens were amply protected by the laws; there was no protection against the demands of state, even when these involved the sacrifice of life itself.

Such being the general frame of mind among thoughtful Greeks and the great object of the most perfect state being to secure the happiness, and therefore of course the liberty, of the mass of its citizens, we need not wonder that they paid early and constant attention to the framing of their laws, so that these offered, first to the Romans (who used the Attic Code when drawing up the Laws of the XII Tables) and then to other nations, models of prudent legislation. All their theorists further insisted, with no uncertain voice, that the success of any code of laws must depend upon the enlightenment of the public that uses them. I proceed therefore to speak briefly on three aspects of Greek legislation, the criminal, the civil, and what I may call the international, in order to make clear in how many ways the Greeks were our masters, so that we may still study their methods of government with profit. The criminal law naturally comes first, for the most urgent essential of civilised life is public safety, enabling the citizen to go about when and where he likes without fear of personal molestation, or even of being the witness of violence. The Greeks were so well aware of this that they did not think any polity civilised till men had wholly abandoned the habit of carrying weapons, and if Aristotle or Thucydides had been told that in America a number of respectable citizens of free states still go armed, they would have said, “That was once the habit in Greece also, but now we are civilised, and regard such a practice as essentially barbarous.” If there had been any likelihood of its being revived they would certainly have made it penal, and such seems the proper course in any country where the losing of a man’s temper may cause the losing of his life, as well as that of others. In modern Europe we have happily reached that stage, and even in Ireland, where there are often people threatened for agrarian disputes, and protected by the police, the rest of the population walks about securely night and day, in crowded cities and in lonely wilds, without ever thinking of carrying a weapon.

The Attic law, which represents the highest, and also the purest Greek feeling, was extremely jealous not only of the safety, but of the dignity of the citizen, and any assault in the streets, even if it caused no dangerous hurt, was severely punished by the law. As in modern societies, even to touch a man rudely, or against his will, was punished as an assault, and if the man assaulted happened to be performing any official duty for the state, the offence might be considered in the light of lèse-majesté, or treason against the dignity of the state.

The penalty of death was indeed inflicted, especially in the older codes, with a frequency reminding us of the European codes of a hundred years ago. But as regards citizens there were two mitigations which made even these severe laws milder and more civilised than most of ours. In the first place, there was generally facility given to the man who was condemned to escape over the frontier, and except in cases of great crimes against the state, extradition was not thought of. Exile was of course a severe penalty, for it meant living abroad as a foreigner, not protected by the safeguards that encompassed the citizens around him. Secondly, the manner in which the death sentence was carried out was infinitely more humane and polite than our abominable executions. The case of Socrates is no doubt familiar to you all. He was left free of chains to talk with his friends and the cup of poison was placed beside him, to be taken before the setting of the sun. Even the jailor is represented as a humane and civil man, who carried out his function with every consideration. I will not deny that these very advanced features in Greek law were in contrast to some still barbarous survivals; I mean the torturing of slaves and the severity of making a death sentence follow on the majority of one in a very large jury. But survivals of barbarism were but yesterday frequent enough with ourselves.

Let us now turn to the characteristics of the civil law, by which I mean the laws controlling the holding of property, the making of contracts, and bequests by testament. I cannot see in the many contracts we have from Greece, or from Egyptian Greece, when settled by Greece immigrants, that the general spirit or the accuracy of these documents differs from those of our day, except that the penalties for breach of contract seem much severer than ours. In the case of a money obligation, the debtor who did not repay within a fixed date was commonly fined fifty per cent. for his delay. There may have been many cases of loans in kind, e.g., of seed corn, where such a penalty was not unreasonable, for there are things which are very valuable at a certain season, and which after that must lie useless for many months. But on the whole I think the Greek idea of keeping a contract was stricter than ours, and the law more severe. Such was also the case with the Roman law, which was borrowed from the Greek.

In so cursory a review of a large subject, I can only select one or two points as illustrations, and speak of them as specimens of the general enlightenment of the age. I therefore turn to a particular class about which we now know a great deal, more particularly owing to a large discovery of documents which I was fortunate enough to make in 1890. It is the Greek will or testament. Lawsuits concerning such documents also form the majority of the speeches of Isæus, the collection of which has been edited with great skill and learning by Mr. William Wyse of Trinity College, Cambridge. It used to be thought that all this matter of testament was due to the Romans. It seems now tolerably certain that in this as in most of the other refinements of life the Romans only transmitted to us what the Greeks had taught them.

In most early states it is only gradually, and not without some jealousy, that the individual is permitted to bequeath his property as he pleases. At first, he is regarded as the member of a clan, to which his property reverts under certain fixed conditions; later on, the state controls the division of it among the immediate family of the testator, and will not permit any passing of it away to strangers, still less to those who are not citizens. Whether the Greek states ever left absolute liberty to their citizens in this matter may be doubted, the interest of the state being much more jealously guarded among these small polities than among the large modern States, when an occasional misuse of such a power does no grave public mischief, and only excites moderate censure. But the whole form of the wills we have in Egyptian papyri, and of which we have examples in stone inscriptions, such as the record of the will of one Epicteta who bequeathed her estate to public and religious objects, is perfectly modern. Here I quote you the usual formula. First comes the date according to the years of kings or eponymous magistrates. Then “This is the will of Peisias the Lycian, son of X., of sound mind and deliberate intention. May it be my lot to live on in health and manage mine own property, but should anything human happen to me, I bequeath to my children so much, to my wife such and such things (often specifying the articles), I set free certain slaves, I set apart money for religious purposes. And I appoint as executors such and such people,” in the case of soldiers in Egypt generally the King and Queen and their children; and then there follow the names of several, often seven or eight, witnesses.[43] These habits, which imply a settled society, with ordinary habits and traditions, had spread from Greece to Greek Egypt three centuries before Christ. There is no doubt that they spread similarly not only to the west, but throughout Asia Minor and Syria so far as they were not in these regions already in vogue. I will only add that if you desire to read how clearly and carefully a long case involving the claim of a Greek in Egypt against a native corporation was examined and decided, you will find it in the Papyrus I of Turin[44] which was published years ago by Amédée Peyron, and which ought to be republished and made easier of access. We have the whole final decision of the court extending over many pages of Greek. The record must have been found intact in the earthen jar in which it was preserved. It rehearses the fortunes of the case from its outset, forty years before the decision. It gives the earlier decisions and a summary of the new evidence adduced; and it sums up the whole and gives judgment for the native corporation against the Greek with a clearness which could not be exceeded by the Supreme Court in America. Every word of it speaks strict law and plain common-sense. It was a case of conflicting evidence, and this is weighed with absolute fairness. There is not a word of superstition, of appeals to the providence of the gods or to any authority beyond that of educated human reason. As such, it is a document absolutely modern in the highest sense. This then was the tone of the civil law transmitted by Greece to succeeding centuries.

I now approach a larger subject, and one of even more permanent interest—the lessons of Greek history regarding the international relations of adjoining civilised states, or the relations of one stronger state to others of lesser force or size. The condition of Greece all through its early history affords an unique field for the study of international law; for these numerous small cities, as we regard them, were perfectly distinct polities or states, each living under its own laws and traditions, and as separate one from the other in idea as are the capitals of any two modern kingdoms. In practice the separation was even greater, for intermarriage between their citizens, or the acquiring of property by citizens of another polity, were against the spirit of the age, and were generally forbidden by law. The number, therefore, of treaties, of alliances, of quarrels between these city states was not only enormous, but offered every variety, so much so that if you look at any good edition of the earliest European work on this sort of law, the famous treatise of Hugo Grotius, De Jure Pacis et Belli, you will find that the great body of his illustrations is taken from Greek history, and acknowledged as Greek in the margin of the text. Let us approach first the question of war.

Even from Homer’s time, there was a growing feeling which softened the hardships of war between Hellenic peoples. Poisoned weapons were not tolerated, and if the prisoners became the slaves of the victors, ransom was very general, and according to Herodotus there was even an acknowledged tariff—two minæ—accepted throughout Peloponnesus for the release of such a prisoner. I will not pretend that the wars even of the Golden Age were not much fiercer and more cruel than the rose-water campaigns we now carry on, when the wives and children of the enemy are supported in comfort, and he is accordingly encouraged to prolong a conflict which only affects his personal convenience. For war is a shocking thing, and to sweeten it by such amenities is only to enhance its cost of life and of treasure to the victor. But if you were to compare Greek wars with those of the earlier centuries of modern Europe, say the Thirty Years’ War in Germany, you would find the balance of humanity most decidedly on the side of the Greeks. The non-combatants in a stormed Greek city, though by the laws of war they became slaves, were in a far better plight than the unfortunate people of a German town captured by the Pandurs and Croats of Tilly or Wallenstein. I gladly turn from this grievous subject. “War,” says Thucydides, “is a stern taskmaker, and makes men’s hearts as hard as their circumstances.”

Let us enter on a more grateful and more instructive task, the international relations of Greek states in peace and particularly their political combinations or alliances for protection against external dangers. It was obvious that a number of distinct small city-states must be at the mercy of a strong invading force which could conquer them one by one, and that therefore combinations and alliances among them were absolutely necessary. Such combinations could also be made for offensive purposes, as was the case with the Homeric conception of the Siege of Troy, and so in after times many Greek theorists actually recommended this policy as an engine of conquest, the very conquest carried out by Alexander the Great. But for a long time, alliances were only made for the moment, and to ward off an imminent danger, and they soon fell to pieces again, owing usually to the reverting of both parties into a selfish and jealous policy of isolation. From the seventh century B.C., onward, the waxing of the power of Sparta made a sort of semi-compulsory league among the smaller cities of the Peloponnesus, and later on, after the crisis of the Persian war was over, the Asiatic Greeks put themselves under the leadership of Athens. Let me call it by its technical name, hegemony. This was an alliance under a president state, which was to guide the policy of the league in war, but was not supposed to interfere with the several polities in peace. You all know how the leading power gradually encroached upon the liberties of the allies, who really became subjects paying tribute; and when they attempted reassertion of their former independence, it was treated by Athens as revolt, and crushed with military and naval force. The conduct of Sparta when she succeeded to the hegemony of Greece was in no way different; perhaps it was harsher, and so we have a vast amount of protest against the tyranny of these leading states, and their “enslaving” of the rest of Greece. They on their side pointed to the necessity of union to prevent foreign domination; they pointed to the labours and sacrifices the citizens of the leading state had undergone, to the security of the seas from pirates, to the increase of trade, and of the reputation of Greek civilisation, all produced by their efforts; but generally this came in at the end of the argument: that having acquired their power they intended to keep it.