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Law You hear, sirs, how the Court of the Areopagus itself, to which has been assigned, in our own as in our fathers’ time, the trial of suits for murder, has expressly stated that whoever takes this vengeance on an adulterer caught in the act with his spouse shall not be convicted of murder.
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And so strongly was the lawgiver convinced of the justice of this in the case of wedded wives, that he even applied the same penalty in the case of mistresses, who are of less account. Now surely it is clear that, if he had had any heavier punishment than this for the case of married women, he would have imposed it. But in fact, as he was unable to devise a severer one for this case, he ordained that it should be the same for that of mistresses also. Please read this law besides.
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Law You hear, sirs, how it directs that, if anyone forcibly debauches a free adult or child, he shall be liable to doublei.e., double the amount laid down for violating a slave. damages; while if he so debauches a woman, in one of the cases where it is permitted to kill him, he is subject to the same rule. Thus the lawgiver, sirs, considered that those who use force deserve a less penalty than those who use persuasion; for the latter he condemned to death, whereas for the former he doubled the damages,
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considering that those who achieve their ends by force are hated by the persons forced; while those who used persuasion corrupted thereby their victims’ souls, thus making the wives of others more closely attached to themselves than to their husbands, and got the whole house into their hands, and caused uncertainty as to whose the children really were, the husbands’ or the adulterers’. In view of all this the author of the law made death their penalty.
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Wherefore I, sirs, not only stand acquitted of wrongdoing by the laws, but am also directed by them to take this satisfaction: it is for you to decide whether they are to be valid or of no account.
