Philo: The Special Laws, III

XII. (72) Some people think that a licensed concubinage is an offence something between seduction and adultery, when the two parties come together, and agree to live as man and wife by a certain agreement, but before the marriage ceremony is completed, some other man meeting with the woman, or forcing her has connection with her; but in my opinion this also is a kind of adultery; for such an agreement as is here mentioned is equivalent to a marriage, for in it the names of the woman and of the man are both registered, and all other things which were to lead to their union; (73) on which account, the law orders both the parties to be stoned if with one and the same mind they agree together to commit adultery; for it is impossible that, unless they both set out with the same intention, they should be looked upon as equal in iniquity, if they and not both sinned in an equal degree; (74) at all events it often happens that the offence is enhanced or diminished, with reference to the difference of place in which it is committed.

For, as it seems, such an offence is greater if it be committed in a city, and less it if be committed outside the walls of any city, in a wilderness; for in such a place there is not one to assist the maiden, even though she may have said and done everything, which could conduce to the preservation of her virginity, unattacked and undefiled; but in a city there are halls of council, and courts of justice, and great assemblies of generals, and aediles, and rulers of the markets, and other magistrates; and besides all these there is the people; (75) for there is in the soul of every man, even though he may be a private individual, a feeling which is hostile to iniquity, which, when it is excited, makes the man who cherishes it a champion for the time being, and a spontaneous and voluntary defender of the person who appears to be unjustly treated.