[DEMOSTHENES] LIX THEOMNESTUS AND APOLLODORUS AGAINST NEAERA II

42. And this course was natural enough; for neither Stephanus nor Neaera had any property to supply funds for their daily expenditures, and the expenses of their establishment were large; for they had to support both him and her and three children whom she had brought with her, and two female servants and a male house servant; and besides Neaera had become accustomed to live comfortably, since heretofore others had provided the cost of her maintenance.

43. This fellow Stephanus was getting nothing worth mentioning from public business, for he was not yet a public speaker, but thus far merely a pettifogger, one of those who stand beside the platform and shout, who prefer indictments and informations for hire, and who let their names be inscribed on motions made by others, up to the day when he became an underling of Callistratus of Aphidna. How this came about and for what cause I will tell you in detail regarding this matter also, when I shall have proved regarding this woman Neaera that she is an alien and is guilty of grievous wrongs against you and of impiety towards the gods;

44. for I would have you know that Stephanus himself deserves to pay no less heavy a penalty than Neaera here, but even one far heavier, and that he is far more guilty, seeing that, while professing to be an Athenian, he treats you and your laws and the gods with such utter contempt that he cannot bring himself to keep quiet even for shame at the wrongs he has himself committed, but by bringing baseless charges against me and against others he has caused my colleague to bring against him and against this woman a charge so grievous that it necessitates inquiry being made into her origin, and his own profligacy being brought to light.

45. So, then, Phrynion brought suit against Stephanus for having taken this woman Neaera from him and asserted her freedom, and for having received the goods which Neaera had brought with her from Phrynion's house. Their friends, however, brought them together and induced them to submit their quarrel to arbitration. On behalf of Phrynion, Satyrus of Alopece, the brother of Lacedaemonius, sat as arbitrator, and on behalf of Stephanus here, Saurias of Lamptrae; and they added to their number by common consent Diogeiton of Acharnae.

46. These men came together in the temple, and after hearing the facts from both parties and from the woman herself gave their decision, and these men acceded to it. The terms were: that the woman should be free and her own mistress, but that she should give back to Phrynion all that she had taken with her from his house except the clothing and the jewels and the maid servants; for these had been bought for the use of the woman herself; and that she should live with each of the men on alternate days, and if they should mutually agree upon any other arrangement, that arrangement should be binding; that she should be maintained by the one who for the time had her in his keeping; and that for the future the men should be friends with one another and bear no malice.

47. Such were the terms of the reconciliation effected by the arbitrators between Phrynion and Stephanus in regard to this woman Neaera.

To prove that these statements of mine are true, the clerk shall read you the deposition regarding these matters.

(To the clerk.) Please call Satyrus of Alopece, Saurias of Lamptrae, and Aristogeiton of Acharnae.

Satyrus of Alopece, Saurias of Lamptrae, and Diogeiton of Acharnae depose that, having been appointed arbitrators in the matter of Neaera, the present defendant, they brought about a reconciliation between Stephanus and Phrynion, and that the terms on which the reconciliation was brought about were such as Apollodorus produces.

They have reconciled Phrynion and Stephanus on the following terms: that each of them shall keep Neaera at his house and have her at his disposal for an equal number of days in the month, unless they shall themselves agree upon some other arrangement.

48. When the reconciliation had been brought about, those who had assisted either party in the arbitration and the whole affair did just what I fancy is always done, especially when the quarrel is about a courtesan. They went to dine at the house of whichever of the two had Neaera in his keeping, and the woman dined and drank with them, as being a courtesan.

To prove that these statements of mine are true, (to the clerk) call, please as witnesses those who were present with them, Eubulus of Probalinthus, Diopeithes of Melite, and Cteson of Cerameis.

Eubulus of Probalinthus, Diopeithes of Melite and Cteson of Cerameis, depose that after the reconciliation in the matter of Neaera was brought about between Phrynion and Stephanus they frequently dined with them and drank in the company of Neaera, the present defendant, both when Neaera was at the house of Stephanus and when she was at the house of Phrynion.

49. I have, then, shown you in my argument, and the testimony of witnesses has proved: that Neaera was originally a slave, that she was twice sold, that she made her living by prostitution as a courtesan. that she ran away from Phrynion to Megara, and that on her return she was forced to give bonds as an alien before the polemarch. I wish now to show you that Stephanus here has himself given evidence against her, proving her to be an alien.

50. The daughter of this woman Neaera, whom she brought with her as a small child to the house of Stephanus, and whom they then called Strybele, but now call Phano, was given in marriage by this fellow Stephanus as being his own daughter to an Athenian, Phrastor, of Aegilia; and a marriage portion of thirty minae was given with her. When she came to the house of Phrastor, who was a labouring man and one who had acquired his means by frugal living, she did not know how to adjust herself to his ways, but sought to emulate her mother's habits and the dissolute manner of living in her house, having, I suppose, been brought up in such licentiousness.

51. Phrastor, seeing that she was not a decent woman and that she was not minded to listen to his advice, and, further, having learned now beyond all question that she was the daughter, not of Stephanus, but of Neaera, and that he had been deceived in the first place at the time of the betrothal, when he had received her as the daughter, not of Neaera, but of Stephanus by an Athenian woman, whom he had married before he lived with Neaera --angered at all this and considering that he had been treated with outrage and hoodwinked, he put away the woman after living with her for about a year, she being pregnant at the time, and refused to pay back the marriage portion.

52. Stephanus brought suit for alimony against him in the Odeum in accordance with the law which enacts that, if a man puts away his wife, he must pay back the marriage portion or else pay interest on it at the rate of nine obols a month for each mina; and that on the woman's behalf her guardian may sue him for alimony in the Odeum. Phrastor, on his part, preferred an indictment against Stephanus before the Thesmothetae, charging that he had betrothed to him, being an Athenian, the daughter of an alien woman as though she were his own. This was in accordance with the following law.

(To the clerk.) Read it, please.

If anyone shall give an alien woman in marriage to an Athenian man, representing her as being related to himself, he shall lose his civic rights and his property shall be confiscated, and a third part of it shall belong to the one who secures his conviction. And anyone entitled to do so may indict such a person before the Thesmothetae, just as in the case of usurpation of citizenship.

53. The clerk has read you the law in accordance with which this fellow Stephanus was indicted by Phrastor before the Thesmothetae. Stephanus, then, knowing that, if he were convicted of having given in marriage the daughter of an alien woman, he would be liable to the heaviest penalties, came to terms with Phrastor and relinquished his claim to the marriage portion, and withdrew his action for alimony; and Phrastor on his part withdrew his indictment from the Thesmothetae.

To prove that my statements are true, I will call before you as witness to these facts Phrastor himself, and will compel him to give testimony as the law commands.

54. (To the clerk.) Please call Phrastor of Aegilia.

Phrastor of Aegilia deposes that, when he learned that Stephanus had given him in marriage a daughter of Neaera, representing that she u as his own daughter, he lodged an indictment against him before the Thesmothetae, as the law provides, and drove the woman from his house and ceased to live with her any longer; and that after Stephanus had brought suit against him in the Odeum for alimony, he made an arrangement with him on the terms that the indictment before the Thesmothetae should be withdrawn, and also the suit for alimony which Stephanus had brought against me.

55. Now let me bring before you another deposition of Phrastor and his clansmen and the members of his gens, which proves that the defendant Neaera is an alien. Not long after Phrastor had sent away the daughter of Neaera, he fell sick. He got into a dreadful condition and became utterly helpless. There was an old quarrel between him and his own relatives, toward whom he cherished anger and hatred; and besides he was childless. Being cajoled, therefore, in his illness by the attentions of Neaera and her daughter

56. --they came while he lay sick and had no one to care for him, bringing him the medicines suited to his case and looking after his needs; and you know of yourselves what value a woman has in the sick room, when she waits upon a man who is ill--well, he was induced to take back and adopt as his son the child whom the daughter of this woman Neaera had borne after she was sent away from his house in a state of pregnancy, after he had learned that she was the daughter, not of Stephanus, but of Neaera, and was angered at their deceit.

57. His reasoning in the matter was both I natural and to be expected. He was in a precarious condition and there was not much hope that he would recover. He did not wish his relatives to get his property nor himself to die childless, so he adopted this boy and received him back into his house. That he would never have done this, if he had been in good health, I will show you by a strong and convincing proof.

58. For no sooner had Phrastor got up from that sickness and recovered his health and was fairly well, than he took to wife according to the laws an Athenian woman, the legitimate daughter of Satyrus, of Melite, and the sister of Diphilus. Let this, therefore, be a proof to you that he took back the child, not willingly, but forced by his sickness, by his childless condition, by the care shown by these women in nursing him, and by the enmity which he felt toward his own relatives, and his wish that they should not inherit his property, if anything should happen to him. This will be proved to you even more clearly by what followed.

59. For when Phrastor at the time of his illness sought to introduce the boy born of the daughter of Neaera to his clansmen and to the Brytidae, to which gens Phrastor himself belongs, the members of the gens, knowing, I fancy, who the woman was whom Phrastor first took to wife, that, namely, she was the daughter of Neaera, and knowing, too, of his sending the woman away, and that it was because of his illness that Phrastor had been induced to take back the child, refused to recognize the child and would not enter him on their register.

60. Phrastor brought suit against them for refusing to register his son, but the members of the gens challenged him before the arbitrator to swear by full grown victims that he verily believed the boy to be his own son, born of an Athenian woman and one betrothed to him in accordance with the law. When the members of the gens tendered this challenge to Phrastor before the arbitrator, he refused to take the oath, and did not swear.

61. To prove that these statements of mine are true, I will bring before you as witnesses the members of the Brytid gens who were present.

Timostratus of Hecale, Xanthippus of Eroeadae, Evalces of Phalerum, Anytus of Laciadae, Euphranor of Aegilia, and Nicippus of Cephale, depose that both they and Phrastor of Aegilia are members of the gens called Brytidae, and that, when Phrastor claimed the right to introduce a son of his into the gens, they, on their part, knowing that Phrastor's son was born of the daughter of Neaera, would not suffer Phrastor to introduce his son.

62. I prove to you, therefore, in a manner that leaves no room for doubt that even those most nearly connected with this woman Neaera have given testimony against her, proving that she is an alien --Stephanus here, who now keeps the woman and lives with her, and Phrastor, who took her daughter to wife--Stephanus, since he refused to go on trial on behalf of this woman's daughter when he was indicted by Phrastor before the Thesmothetae on the charge that he had betrothed the daughter of an alien to him who was an Athenian, but had rather relinquished the claim to the marriage portion, and had not recovered it;

63. and Phrastor, since he had put away the daughter of this Neaera after marrying her, when he learned that she was not the daughter of Stephanus, and had refused to return her marriage portion; and when later on he was induced by his illness and his childless condition and his enmity toward his relatives to adopt the child, and when he sought to introduce him to the members of the gens, and they voted to reject the child and challenged him to take an oath, he refused to swear, but chose rather to avoid committing perjury, and subsequently married in accordance with the law another woman who was an Athenian. These facts, about which there is no room for doubt, have afforded you convincing testimony against our opponents, proving that this Neaera is an alien.

64. Now observe the base love of gain and the villainous character of this fellow Stephanus, in order that from this again you may be convinced that this Neaera is not an Athenian woman. Epaenetus, of Andros, an old lover of Neaera, who had spent large sums of money upon her, used to lodge with these people whenever he came to Athens on account of his affection for Neaera. Against him this man Stephanus laid a plot.

65. He sent for him to come to the country under presence of a sacrifice and then, having surprised him in adultery with the daughter of this Neaera, intimidated him and extorted from him thirty minae. As sureties for this sum he accepted Aristomachus, who had served as Thesmothete, and Nausiphilus, the son of Nausinicus, who had served as archon, and then released him under pledge that he would pay the money.

66. Epaenetus, however, when he got out and was again his own master preferred before the Thesmothetae an indictment for unlawful imprisonment against this Stephanus in accordance with the law which enacts that, if a man unlawfully imprisons another on a charge of adultery, the person in question may indict him before the Thesmothetae on a charge of illegal imprisonment; and if he shall convict the one who imprisoned him and prove that he was the victim of an unlawful plot, he shall be let off scot free, and his sureties shall be released from their engagement; but if it shall appear that he was an adulterer, the law bids his sureties give him over to the one who caught him in the act, and he in the court room may inflict upon him, as upon one guilty of adultery, whatever treatment he pleases, provided he use no knife.

67. It was in accordance with this law that Epaenetus indicted Stephanus. He admitted having intercourse with the woman, but denied that he was an adulterer; for, he said, she was not the daughter of Stephanus, but of Neaera, and the mother knew that the girl was having intercourse with him, and he had spent large sums of money upon them, and whenever he came to Athens he supported the entire household. In addition to this he brought forward the law which does not permit one to be taken as an adulterer who has to do with women who sit professionally in a brothel or who openly offer themselves for hire; for this, he said, is what the house of Stephanus is, a house of prostitution; this is their trade, and they get their living chiefly by this means.

68. When Epaenetus had made these statements and had preferred the indictment, this Stephanus, knowing that he would be convicted of keeping a brothel and extorting blackmail, submitted his dispute with Epaenetus for arbitration to the very men who were the latter's sureties on the terms that they should be released from their engagement and that Epaenetus should withdraw the indictment.

69. Epaenetus acceded to these terms and withdrew the indictment which he had preferred against Stephanus, and a meeting took place between them at which the sureties sat as arbitrators. Stephanus could say nothing in defence of his action, but he requested Epaenetus to make a contribution toward a dowry for Neaera's daughter, making mention of his own poverty and the misfortune which the girl had formerly met with in her relations with Phrastor, and asserting that he had lost her marriage portion and could not provide another for her.

70. "You," he said, " have enjoyed the woman's favours, and it is but right that you should do something for her." He added other words calculated to arouse compassion, such as anyone might use in entreaty to get out of a nasty mess. The arbitrators, after hearing both parties, brought about a reconciliation between them, and induced Epaenetus to contribute one thousand drachmae toward the marriage portion of Neaera's daughter.

To prove the truth of these statements of mine, I will call as witnesses to these facts the very men who were sureties and arbitrators.

71. Nausiphilus of Cephale and Aristomachus of Cephale depose that they became sureties for Epaenetus of Andros. when Stephanus asserted that he had caught Epaenetus in adultery; and that when Epaenetus had got away from the house of Stephanus and had become his own master, he preferred before the Thesmothetae an indictment against Stephanus for illegal imprisonment; that they were themselves appointed as arbitrators, and brought about a reconciliation between Epaenetus and Stephanus, and that the terms of the reconciliation were those which Apollodorus produces.

The arbitrators brought about a reconciliation between Stephanus and Epaenetus on the following terms: they shall bear no malice for what took place regarding the imprisonment; Epaenetus shall give to Phano one thousand drachmae toward her marriage portion, inasmuch as he has frequently enjoyed her favours; and Stephanus shall put Phano at the disposal of Epaenetus whenever he comes to Athens and wishes to enjoy her.

72. Although this woman, then, was acknowledged beyond all question to be an alien, and although Stephanus had had the audacity to charge with adultery a man taken with her, these two, Stephanus and Neaera, came to such a pitch of insolence and shamelessness that they were not content with asserting her to be of Athenian birth; but observing that Theogenes, of Cothocidae, had been drawn by lot as king, a man of good birth, but poor and without experience in affairs, this Stephanus, who had assisted him at his scrutiny and had helped him meet his expenses when he entered upon his office, wormed his way into his favour, and by buying the position from him got himself appointed his assessor. He then gave him in marriage this woman, the daughter of Neaera, and betrothed her to him as being his own daughter; so utterly did he scorn you and your laws.

73. And this woman offered on the city's behalf the sacrifices which none may name, and saw what it was not fitting for her to see, being an alien, and despite her character she entered where no other of the whole host of the Athenians enters save the wife of the king only; and she administered the oath to the venerable priestesses who preside over the sacrifices, and was given as bride to Dionysus; and she conducted on the city's behalf the rites which our fathers handed down for the service of the gods, rites many and solemn and not to be named. If it be not permitted that anyone even hear of them, how can it be consonant with piety for a chance comer to perform them, especially a woman of her character and one who has done what she has done?

74. I wish, however, to go back farther and explain these matters to you in greater detail, that you may be more careful in regard to the punishment, and may be assured that you are to cast your votes, not only in the interest of your selves and the laws, but also in the interest of reverence towards the gods, by exacting the penalty for acts of impiety, and by punishing those who have done the wrong.

In ancient times, men of Athens, there was sovereignty in our state, and the kingship belonged to those who were from time to time preeminent by reason of their being children of the soil, and the king offered all the sacrifices, and those which were holiest and which none might name his wife performed, as was natural, she being queen.

75. But when Theseus settled the people in one city and established the democracy, and the city became populous, the people none the less continued to elect the king as before, choosing him from among those most distinguished by valour; and they established a law that his wife should be of Athenian birth, and that he should marry a virgin who had never known another man, to the end that after the custom of our fathers the sacred rites that none may name may be celebrated on the city's behalf, and that the approved sacrifices may be made to the gods as piety demands, without omission or innovation.

76. This law they wrote on a pillar of stone, and set it up in the sanctuary of Dionysus by the altar in Limnae (and this pillar even now stands, showing the inscription in Attic characters, nearly effaced). Thus the people testified to their own piety toward the god, and left it as a deposit for future generations, showing what type of woman we demand that she shall be who is to be given in marriage to the god, and is to perform the sacrifices. For this reason they set it up in the most ancient and most sacred sanctuary of Dionysus in Limnae, in order that few only might have knowledge of the inscription; for once only in each year is the sanctuary opened, on the twelfth day of the month Anthesterion.

77. These sacred and holy rites for the celebration of which your ancestors provided so well and so magnificently, it is your duty, men of Athens, to maintain with devotion, and likewise to punish those who insolently defy your laws and have been guilty of shameless impiety toward the gods; and this for two reasons: first, that they may pay the penalty for their crimes; and, secondly, that others may take warning, and may fear to commit any sin against the gods and against the state.

78. I wish now to call before you the sacred herald who waits upon the wife of the king, when she administers the oath to the venerable priestesses as they carry their baskets in front of the altar before they touch the victims, in order that you may hear the oath and the words that are pronounced, at least as far as it is permitted you to hear them; and that you may understand how august and holy and ancient the rites are.

I live a holy life and am pure and unstained by all else that pollutes and by commerce with man and I will celebrate the feast of the wine god and the Iobacchic feast in honour of Dionysus in accordance with custom and at the appointed times.

79. You have heard the oath and the accepted rites handed down by our fathers, as far as it is permitted to speak of them, and how this woman, whom Stephanus betrothed to Theogenes when the latter was king, as his own daughter, performed these rites, and administered the oath to the venerable priestesses; and you know that even the women who behold these rites are not permitted to speak of them to anyone else. Let me now bring before you a piece of evidence which was, to be sure, given in secret, but which I shall show by the facts themselves to be clear and true.

80. When these rites had been solemnized and the nine archons had gone up on the Areopagus on the appointed days, the council of the Areopagus, which in other matters also is of high worth to the city in what pertains to piety, forthwith undertook an inquiry as to who this wife of Theogenes was and established the truth; and being deeply concerned for the sanctity of the rites, the council was for imposing upon Theogenes the highest fine in its power, but in secret and with due regard for appearances; for they have not the power to punish any of the Athenians as they see fit.

81. Conferences were held, and, seeing that the council of the Areopagus was deeply incensed and was disposed to fine Theogenes for having married a wife of such character and having permitted her to administer on the city's behalf the rites that none may name, Theogenes besought them with prayers and entreaties, declaring that he did not know that she was the daughter of Neaera, but that he had been deceived by Stephanus, and had married her according to law as being the latter's legitimate daughter; and that it was because of his own inexperience in affairs and the guilelessness of his character that he had made Stephanus his assessor to attend to the business of his office; for he considered him a friend, and on that account had become his son in law.

82. "And," he said, " I will show you by a convincing and manifest proof that I am telling the truth. I will send the woman away from my house, since she is the daughter, not of Stephanus, but of Neaera. If I do this, then let my statement that I was deceived be accepted as true; but, if I fail to do it, then punish me as a vile fellow who is guilty of impiety toward the gods."

83. When Theogenes had made this promise and this plea, the council of the Areopagus, through compassion also for the guilelessness of his character and in the belief that he had really been deceived by Stephanus, refrained from action. And Theogenes immediately on coming down from the Areopagus cast out of his house the woman, the daughter of this Neaera, and expelled this man Stephanus, who had deceived him, from the board of magistrates. Thus it was that the members of the Areopagus desisted from their action against Theogenes and from their anger against him; for they forgave him, because he had been deceived.

84. To prove the truth of these statements of mine, I will call before you as witness to these facts Theogenes himself, and will compel him to testify.

(To the clerk.) Call, please, Theogenes of Erchia.

Theogenes of Erchia deposes that when he was king he married Phano, believing her to be the daughter of Stephanus, and that, when he found he had been deceived he cast the woman away and ceased to live with her, and

85. (To the clerk.) Now take, please, the law bearing upon these matters, and read it; (to the jury) for I would have you know that a woman of her character, who has done what she has done, ought not only to have kept aloof from these sacred rites, to have abstained from beholding them, from offering sacrifices, and from performing on the city's behalf any of the ancestral rites which usage demands, but that she should have been excluded also from all other religious ceremonials in Athens. For a woman who has been taken in adultery is not permitted to attend any of the public sacrifices, although the laws have given both to the alien woman and the slave the right to attend these, whether to view the spectacle or to offer prayer.

86. No; it is to these women alone that the law denies entrance to our public sacrifices, to these, I mean, who have been taken in adultery; and if they do attend them and defy the law, any person whatsoever may at will inflict upon them any sort of punishment, save only death, and that with impunity; and the law has given the right of punishing these women to any person who happens to meet with them. It is for this reason that the law has declared that such a woman may suffer any outrage short of death without the right of seeking redress before any tribunal whatsoever, that our sanctuaries may be kept free from all pollution and profanation, and that our women may be inspired with a fear sufficient to make them live soberly, and avoid all vice, and, as their duty is, to keep to their household tasks. For it teaches them that, if a woman is guilty of any such sin, she will be an outcast from her husband's home and from the sanctuaries of the city.

87. That this is so, you will see clearly, when you have heard the law read.

(To the clerk.) Take it please.

When he has caught the adulterer, it shall not be lawful for the one who has caught him to continue living with his wife, and if he does so, he shall lose his civic rights: and it shall not be lawful for the woman who is taken in adultery to attend public sacrifices; and if she does attend them, she may be made to suffer any punishment whatsoever, short of death, and that with impunity.