II. Background: On the Murder of Eratosthenes
written for Euphiletus
Euphiletus killed Eratosthenes of Oe in Attica after suprising him in the act of adultry with his wife [in flagrante delicto]
Eratosthenes family sues him for murder [-> dike]

Eratosthenes probably a relative of Eratosthenes the member of the 30 in Lysias 12

Trial in the court at the Delphinium: homicide where accused admitted killing but claimed justification under the law

Conviction -> death [exile and confiscation of property if he left before conviction
 

a) all men abominate this outrage
b) I have to show
1. he did it
2. I am outraged/dishonored
3. No other emnity between himself and myself
4. I’m not doing this for money [sycophant]

c) portrait of Athenian married life
1. When first married, "he kept a watch" but did not vex his wife
2. Once I had a child I began to
i. trust her
ii. place my affairs in her hands
3. She was s a good housekeeper because
i. clever, frugal housekeeper
ii. kept things in the nicest order
iii. my mother was alive
d) how adultery occurred
1. Eratosthenes saw my wife at my mother’s funeral
2. Suborned the slave girl who went to the market
3. After child born, moved men’s quarters upstairs; women’s down
i. easier for wife to conduct affair
4. came home unexpectedly from country; wife went to serve him in men’s quarters; lover is in women’s quarters
5. made made child cry to irritate husband who sent wife to care for child
6. wife lock’s husband in room [as though to keep him from maid]
e) husband’s clues
1. hears doors in night [wife said to borrow lamp light from neighbor]
2. wife wearing makeup [although she should be in mourning for brother]
3. another mistress of Eratosthenes sends Euphiletus a warning
4. he confronts maid servant
i. option of whipping and mill or tell truth and get pardon
ii. although girl at first denies, she admits all when he mentions the name of Eratosthenes
1) how he suborned her and she became messenger
2) how Euphiletus’ wife was persuaded
3) how she got him in/out of house
4) how wife went to Thesmophoria with Eratosthenes’ mother
5. four or five day interval after maid confesses
i. on last day he invited friend from country to dine; after he left I went to bed
ii. Eratosthenes sneaks in, but maid tells Euphiletus; Euphiletus locks the house and goes to find friends
iii. Euphiletus and friends rush the house where they find Eratosthenes naked in bed w/ fwife
iv. Eratosthenes admits guilt and offers to pay; Euphiletus ‘claiming law required it’ chose to kill
f) requirements/prohibitions for sanctioned killing
1. no dragging in from street
2. no refuge at hearth
3. law: whoever kills an adulterer caught in the act w/ his spouse [or mistress (pallake)] shall not be convicted of murder [nb: this is probably the law for kakourgoi, not specific to adulterers: moichoi]
4. nb: law for adultery has a tougher penalty than law for rape
g) plaintiffs say
1. Euphiletus ordered maid to lure the young man into the house
a. I would have been entitled to
b. I never would have invited Sostratus to dine with me if I had planned to trap Eratosthenes [Eratosthenes less likely to stay if he knew Euphiletus entertaining upstairs]
c. If I had invited him, I never would have let him go home [so I would have a witness]
d. I would have prearranged with my friends; not have to go round them up
e. I wouldn’t have sought friends to be witnesses at all; I was w/in my rights just to kill him
h) no evidence of emnity
1. no public lawsuits
2. no private lawsuits
3. no fights/brawls between up
4. "I had never seen the man before that night

Gender/Sexuality/Society:
1) economic status of Euphiletus and wife
2) likelihood that Eratosthenes would have begun his campaign on one viewing and wife would have agreed never having met him
a) in Tragedy, adultry always begins in comedy of guest-friendship
b) Greek comedy can’t acknowledge the possiblity; the adulterer is always the stranger
i. possibility that old Comedy about anxiety of country people in city;
ii. in country, everyone knows adulterers; in city they don’t know anyone, much more anonymous society
c) Was Euphiletus’ response after he learned from maid rational, likely?
d) If he lied, why this lie
i. to entice him to catch him in the act would have won jury sympathy
ii. to entice him to kill him would have lost jury sympathy
iii. clearly worried either that he couldn’t kill Eratosthenes
iv. he couldn’t make a convincing case w/o witnesses
(a) wanted overwhelming proof that adultery had occurred
(b) -> jury was very suspicious about adultery as a justification for homicide
i. law allows it, but comedy never refers to adulterers risking death
ii. uncomfortable with apagoge [procedure for common criminals] used in dealing with upperclass love disputes
(1) is Euphiletus suggesting that he spared Eratosthenes a shameful death that he would have received from the Eleven [beating to death] by killing him immediately?