Women and slaves then were linked together; and it must be remembered, as Professor Murray says, that people do not become slaves by a legal process; they become slaves when they are brought into contact with superiors who have the power and the will to use them as tools. There are three principal tests of slavery, ancient or modern, and in ancient life they will often apply equally well to women. Firstly, slaves are a degraded and immoral class. This was continually insisted upon; and doubtless one result was to produce, in a certain degree, the vices falsely imputed to nature.

Secondly, their work is despised, as unworthy of free men. The harder work was left in the hands of slaves or women, who did not receive any pay, and the super-abundant leisure of the male citizen was devoted to the political life.

Thirdly, the condition of dependence, once fully established, soon produces a feeling of despair. The willingness to die, which is so noticeable in Euripides’ heroines, is one of the sure signs of slavery. Slaves are lacking in spirit; some, indeed, are so completely lacking that they are happy in servitude: the impetus to revolt must come from without, especially when the servile state has existed for many centuries.

Slavery may be defined as the economic exploitation of the weaker; and, though it does not exist in our time and land, it offers such a convenient basis for civilisation that various devices are used even now to take its place. There is the theory, for example, that some kinds of work are higher than others, and therefore should be paid on a higher scale. Or again, that the same work, if performed by different persons, requires different remuneration.

Many estimates of women’s inferiority have ultimately an economic basis. The more lucrative trades and professions are those for which it is considered that women are temperamentally unfit.

It is a noticeable fact that all these general conceptions of women’s weakness have always been closely connected with their legal status. In Athens, where women could not hold property, and an heiress was taken over by the nearest male relative as a necessary encumbrance on the estate, the estimate of woman’s character was very low. In Alexandria and at Rome, where women by various devices outwitted the law and became possessed of some degree of economic independence, their moral position also changed for the better. In England feminism begins with the Married Women’s Property Act.

But as long as slavery, social or economic, is not recognised by the law, it cannot be the curse that it was to ancient life. In Athens it was a legal institution, owing its validity to much the same mode of thought as made the wife also her husband’s chattel. It is the business of lawyers to defend the law, and, if the law is bad, their moral sense is necessarily warped in the process; so that it is not surprising if the private speeches of the Attic orators, although they exhibit the natural subtlety of the Athenians in a striking light, by no means give an equally strong impression of moral rectitude. All the orators are the same in this respect. Demosthenes in matters of State was a high-minded patriot; as a lawyer he is, like the rest of his colleagues, a professional liar, and does not scruple to falsify and misrepresent the truth. Lysias so forgets the man in the advocate that he seems to reserve his highest powers for his worst cases, and obviously delights in such a client as the shameless old cripple for whom he writes his most ingenious speech. Isæus has no regard for veracity, and it has been found by painful experience that his unsupported statements, even on simple questions of fact, are, to put it mildly, extremely unreliable. As for Hyperides, he is careless of shame so long as he wins his case; and his gesture, as he bids his fair client display her charms, is like the calculated boldness of the slave-dealer offering his girls to the highest bidder.

But if the orators give us an impression of cunning subtlety which far transcends the bounds that we even now allow to lawyers, their clients are in no better case. By the middle of the fourth century Athens was in full decadence. Her men had lost all the vigour and courage that brought their country safe through the dangers of the Persian Wars: her women, perhaps, were even worse than the men—corruptio optimi pessima—and had sunk into a state of utter degradation.

Impotent old men and designing young women are the chief figures in most of Isæus’ speeches; and, as his editor says, to have any confidence in the veracity or virtue of his clients argues a truly Arcadian simplicity. There is the case of Euctemon, for example—the old man who divorces his wife and leaves his children, to live with his slave-woman, Alce. This unfortunate, whose youth has been degraded for her master’s profit, has her revenge when the old man grows senile. She induces him to remove her from the den of infamy which has been one of the sources of his wealth, to live with her in the drinking-shop over which she is put in charge, and finally to recognise one of her bastards as his own son. The family, threatened by a second marriage, reluctantly consent to help in an adoption which ran counter to the first principles of Attic law; and it is not until the old man’s death, when his property falls into dispute, that his ‘misfortunes’ with the woman (so the advocate euphemistically describes them) come to light. The facts of the case are utterly sordid; but every detail is enveloped by Isæus in a cloud of sophistical arguments which show both a complete absence of moral sense in the advocate and so great a faculty of deception that modern writers have inferred—it need not be said with how little reason—that polygamy was not illegal at Athens, that concubinage was recognised by law, and that bastards had the rights of legitimate children. All three statements are untrue; but they may fairly be deduced from the ever-shifting arguments that the lawyer uses. In another of his cases it is an old man at death’s door who marries a young girl, and the usual imputations upon the bride’s motives form one of his strongest arguments. In a third, the estate of Pyrrhus, a woman of notoriously bad life is foisted by her brother upon one of her old lovers, and the claim is then made that she is his legal wife.

But to go through the details of Isæus’ cases would be merely tedious. In all of them we see that moral degradation and absence of social rectitude which was the natural result of the inferiority of women in the eyes of the Attic law. Women, like children, cannot legally enter into a contract, even if it is only to purchase a bushel of corn; the son of a brother has a stronger claim to an intestate property than the son of a daughter, for the law says, ‘males must prevail’; a daughter cannot inherit in her own person; she is only an intermediary by whom the estate is transmitted through marriage to a male of the same blood as her father. A woman’s disabilities are painfully plain in Isæus: as for her legal rights, it is hard to discover from his speeches how far they have any actual existence. The orator, at least, when his male clients seem to have the law against them, does not hesitate to appeal to the natural sympathies of the male jurymen; and in the tenth oration we see how shamefully an heiress, in spite of the law’s formal protection, could be despoiled by her guardian and her brother.