Sinai and the Areopagus: Philip Melanchthon, Natural Law, and the Beginnings of Athenian Legal History in the Shadow of the Schmalkaldic War

In late August 1546, Philip Melanchthon had some seriously strange dreams. One night, he saw a man in the Elbe struggling to keep his head above the river's powerful current. As Melanchthon approached to help, he recognized the drowning man's visage: Charles V. Despite Melanchthon's attempts to save him, the river dragged the emperor under and carried him away. Another night, he dreamed that while translating Demosthenes with his friend Joachim Camerarius in the Wittenberg castle (a Melanchthon dream if there ever was one!) he looked out a window to see that the Elbe had turned to blood.¹

These ominous visions reflected the precarious world Melanchthon faced in late summer 1546. Martin Luther, the hero of the German Reformation, had died in February, leaving a gaping hole in the evangelical movement. Further, German Protestantism was facing the largest political crisis in its short history. The Schmalkaldic War had begun in July, only a few weeks prior, and the Reformation faced intense military pressure from Charles V. As the emperor slowly advanced, an anxious Melanchthon lived in constant tension between wild hope that Charles would be defeated and grim fear of massive bloodshed.

As the war began, Melanchthon was greatly disturbed by the violence and the potential for disastrous defeat of the Protestant cause. In an August 26 letter, he wrote this to a friend: "Often now, when I look over the Elbe River gliding by me, I sigh and think that, even if I could pour forth a river of tears as great as the Elbe's flow, I would never be able to exhaust the sadness which surrounds my soul because of this civil war. If only Charles had not started it!"² Should the Schmalkaldic League be defeated and political support for the Reformation be crushed, the true church would be in dangerous waters, just like the emperor in Melanchthon's dream.

In the midst of this impending catastrophe, on September 1, 1546, Melanchthon published an unusual work: the Collatio actionum forensium Atticarum et Romanarum praecipuarum (A comparison of the principal Attic and Roman legal actions). In this study, Melanchthon organized and compared the legal actions of Athens and Rome, following the order of the Ten Commandments. In 1546, Greek law was a virtually unknown field. Contemporary legal humanists like Andrea Alciato, Ulrich Zasius, and François Baudouin had devoted their attention almost exclusively to Roman or feudal European law.³ Nearly a century before the publication of sprawling tomes by the Greek legal scholars Samuel Petit, Claudius Salmasius, and Johannes Meursius, Melanchthon treated the law of ancient Athens as a worthy subject.⁴ Even more puzzling, Melanchthon devoted himself to this arcane work during a moment of dire political crisis. The unusual subject matter of the Collatio and the urgent circumstances surrounding its publication raise a pair of intriguing questions: Why did Melanchthon think Attic legal actions were important? And why did he think they were worth studying while a military and political disaster loomed on the horizon?

Melanchthon valued the ancient pagan laws because they showed how God had revealed legal and moral principles to the gentiles. His study of Attic and Roman law demonstrated how, through natural reason, the classical pagans had attained knowledge of the natural law and implemented it in their own societies.⁵ As a result, the ancient laws became indispensable to Christians studying law and moral philosophy.⁶ This work on ancient Greek law was an essential part of Melanchthon's pedagogical project of integrating Christianity and the classical world. As he wrote in the introduction, he had decided to write on Attic legal actions "so that students may know that they are not only formulas for litigation, but also a philosophy and a doctrine of virtue."⁷ By reconstructing the laws of ancient Athens and comparing them with those of Rome, Melanchthon demonstrated that classical moral and legal thought was in complete agreement with the Decalogue and essential for Christian moral development. [End Page 715...