It is generally assumed that this male superiority before the law had a religious sanction, the necessity of keeping up the family worship, which could only be done by a man. If we were speaking of a primitive society the argument would have some force, but the Athenians of the fourth century were at the end rather than the beginning of their national life: religion was dead, and the foundations of morality undermined; only the law remained unaltered, that women were the inferior sex. How far women contributed themselves to their degradation may be studied in all the orators’ speeches, but two cases are especially significant: Antiphon’s murder speech ‘Against the stepmother,’ and Lysias’ ‘Defence for the murder of Eratosthenes.’

The first is grimly horrible in its sordid realism; as Antiphon says, it is the story of Clytemnestra repeated, but divested now of all its tragic romance. Two women are the chief characters: one a free-born Athenian, the wife of the murdered man; the other a slave, the mistress of the man’s friend, one Philoneos. The facts are these: Philoneos gets tired of his mistress’ devotion, and determines to rid himself of her by the simple process of selling her into a life of utter degradation. He reveals his intention to his friend, and the two men decide to have one last carouse, the girl waiting upon them, before she goes to her ruin. But the man’s wife, who has found her husband as false to her as Philoneos is to his lover, intervenes. She makes the acquaintance of the slave-girl, who is still passionately devoted to her worthless master, and persuades her to regain his affection by a love-potion which she will provide. The girl agrees, and when the two men meet at dinner she pours the potion (which, unknown to her, is a deadly poison) into their cups, giving the larger share to her own false lord. Philoneos falls dead immediately; the other man collapses, and dies some days afterwards. The slave-girl is taken and broken on the wheel; the wife is in this speech accused by her stepson of her share in the crime.

Antiphon’s pleadings throw a lurid light on the relations between men and women in a slave State; the speech of Lysias in defence of Eratosthenes’ murder is an even more invaluable document. The orator’s client is accused of murder, and relies for his defence on the plea that his victim was taken in adultery, and therefore lawfully put to death. The law, at Athens a written, not an unwritten code, is definitely on the accused man’s side; but it is curious that this is the only surviving speech in which it is pleaded as an excuse. It seems, indeed, that even the Athenians hesitated to use the ferocious power that the law gave them; and we may imagine, if we will, that this was a test case, brought, perhaps, by one of the Socratic circle, to try the validity of the law in the face of the new feminist doctrines. In any event, the Ionian Lysias, whose honeyed pen was at the service of the highest bidder, was a person thoroughly distasteful to Plato and his friends, and it is probable that in this speech he had the satisfaction both of defending the established order of social morality, and also of striking a shrewd blow at his personal enemies. The speech, which is a model of art, begins with some compliments to the jury, and then Lysias, very ingeniously, makes his client tell the simple story of his life.

When I decided to marry, gentlemen, and brought a wife into my house, I made this my rule of behaviour. I did not annoy her with excessive vigilance, but on the other hand, I did not leave her too much her own mistress to do whatever she pleased. I kept as close a guard over her as was possible and took all reasonable care.

(This to conciliate the jury and to show that the damage done was not due to any lack of precautions on the owner’s side.)

After a time a child was born and then I began to feel confidence, and handed over to her the charge of all my goods, thinking that this was the surest bond of union between us. At first, gentlemen, she was the best of women, a clever housewife and a thrifty, exact in all her management. Then my mother died, and her death has been the cause of all my troubles. My wife went to her funeral; that fellow saw her walking in the funeral procession, and after a time succeeded in corrupting her.

(The jury are meant to draw the inference that women should never leave the house: one appearance in public may mean ruin.)

He watched my wife’s maid who goes to do the marketing, made a proposal to her, and soon effected his purpose of seduction. I must tell you, gentlemen, that my humble home is built in two storeys, the upper part similar in style to the ground floor, one containing the women’s apartments, the other the men’s rooms. Now when our baby was born, the mother began by nursing it herself, and to avoid any risk of her coming down stairs at bath-time, I took up my quarters in the upper rooms, and the women came down to the ground floor. Moreover, we soon got into the way of my wife leaving me to go and sleep with the baby downstairs, so that she might give him the breast and prevent him crying.

(It is, of course, essential that the master’s rest at night should not be disturbed, and the jury will agree that this was a legitimate reason for a wife’s absence from her proper place.)

This went on for a long time and I never suspected anything. Such an arrant simpleton was I that I thought my wife the most virtuous woman in Athens. Well, gentlemen, time passed away, and one day I came back home unexpectedly from the country. After dinner the baby began to cry and make itself unpleasant: the maid was hurting it on purpose to cause a disturbance, as I heard afterwards, for the fellow was in the house. I told my wife to go and give it the breast to stop it crying, but at first she would not go: she pretended that she was so delighted to see me after my long absence. Finally, when I began to get angry and bade her be off, ‘Oh, yes,’ she said, ‘you want to stay here and make love to the parlourmaid; I caught you pulling her about the other day when you were drunk.’ At that I smiled, and she got up and went away, pulling the door to in pretended jest, and taking away the key. I did not think anything of it, nor had I any suspicions: indeed, I soon fell asleep, for I had just come from the country and was glad to get rest. It was getting on for daybreak when she returned and opened the door. I asked her then why the doors had been banging in the night, and she pretended that the child’s lamp had blown out, and she had gone next door to get a light. I said nothing and believed her tale. I did, however, notice that her face was covered with powder—although her brother had not been dead a month—but still I said nothing about her conduct. I went out and left the house in silence.