Apollodorus Against Neaera

Perseus Greek · Perseus Greek · 192 sections

1.1
(Theomnestus, who brings the indictment, speaks.)
1.2
Many indeed are the reasons, men of Athens, which urged me to prefer this indictment against Neaera, and to come before you. We have suffered grievous wrongs at the hands of Stephanus and have been brought by him into the most extreme peril, I mean my father-in-law, myself, my sister, and my wife; so that I shall enter upon this trial, not as an aggressor, but as one seeking vengeance. For Stephanus was the one who began our quarrel without ever having been wronged by us in word or deed. I wish at the outset to state before you the wrongs which we have suffered at this hands, in order that you may feel more indulgence for me as I seek to defend myself and to show you into what extreme danger we were brought by him of losing our country and our civic rights.
2.1
When the people of Athens passed a decree granting the right of citizenship to Pasion and his descendants on account of services to the state, my father favored the granting of the people’s gift, and himself gave in marriage to Apollodorus, son of Pasion, his own daughter, my sister, and she is the mother of the children of Apollodorus. Inasmuch as Apollodorus acted honorably toward my sister and toward all of us, and considered us in truth his relatives and entitled to share in all that he had, I took to wife his daughter, my own niece.
3.1
After some time had elapsed Apollodorus was chosen by lot as a member of the senate; and when he had passed the scrutiny and had sworn the customary oath, there came upon the city a war and a crisis so grave that, if victors, you would be supreme among the Greek peoples, and would beyond possibility of dispute have recovered your own possessions and have crushed Philip in war; but, if your help arrived too late and you abandoned your allies, allowing your army to be disbanded for want of money, you would lose these allies, forfeit the confidence of the rest of the Greeks, and risk the loss of your other possessions, Lemnos and Imbros, and Scyros and the Chersonese.
4.1
You were at that time on the point of sending your entire force to Euboea and Olynthus, and Apollodorus, being one of its members, brought forward in the senate a bill, and carried it as a preliminary decree to the assembly, proposing that the people should decide whether the funds remaining over from the state’s expenditure should be used for military purposes or for public spectacles. For the laws prescribed that, when there was war, the funds remaining over from state expenditures should be devoted to military purposes, and Apollodorus believed that the people ought to have power to do what they pleased with their own; and he had sworn that, as member of the senate, he would act for the best interests of the Athenian people, as you all bore witness at that crisis.
5.1
For when the division took place there was not a man whose vote opposed the use of these funds for military purposes; and even now, if the matter is anywhere spoken of, it is acknowledged by all that Apollodorus gave the best advice, and was unjustly treated. It is, therefore, upon the one who by his arguments deceived the jurors that your wrath should fall, not upon those who were deceived.
6.1
This fellow Stephanus indicted the decree as illegal, and came before a court. He produced false witnesses to substantiate the calumnious charge that Apollodorus had been a debtor to the treasury for twenty-five years, and by making all sorts of accusations that were foreign to the indictment won a verdict against the decree.
6.2
So far as this is concerned, if he saw fit to follow this course, we do not take it ill; but when the jurors were casting their votes to fix the penalty, although we begged him to make concessions, he would not listen to us, but fixed the fine at fifteen talents in order to deprive Apollodorus and his children of their civic rights, and to bring my sister and all of us into extremest distress and utter destitution.
7.1
For the property of Apollodorus did not amount to as much as three talents to enable him to pay in full a fine of such magnitude, yet if it were not paid by the ninth prytany the fine would have been doubled and Apollodorus would have been inscribed as owing thirty talents to the treasury, all the property that he has would have been scheduled as belonging to the state, and upon its being sold Apollodorus himself and his children and his wife and all of us would have been reduced to extremest distress.
8.1
And more than this, his other daughter would never have been given in marriage; for who would ever have taken to wife a portionless girl from a father who was a debtor to the treasury and without resources? Of such magnitude, you see, were the calamities which Stephanus was bringing upon us all without ever having been wronged by us in any respect. To the jurors, therefore, who at that time decided the matter I am deeply grateful for this at least, that they did not suffer Apollodorus to be utterly ruined, but fixed the amount of the fine at one talent, so that he was able to discharge the debt, although with difficulty. With good reason, then, have we undertaken to pay Stephanus back in the same coin.
9.1
For not only did Stephanus seek in this way to bring us to ruin, but he even wished to drive Apollodorus from his country. He brought a false charge against him that, having once gone to Aphidna in search of a runaway slave of his, he had there struck a woman, and that she had died of the blow; and he suborned some slaves and got them to give out that they were men of Cyren, and by public proclamation cited Apollodorus before the court of the Palladium on a charge of murder.
10.1
This fellow Stephanus prosecuted the case, declaring on oath that Apollodorus had killed the woman with his own hand, and he imprecated destruction upon himself and his race and his house, affirming matters which had never taken place, which he had never seen or heard from any human being. However, since he was proved to have committed perjury and to have brought forward a false accusation, and was shown to have been hired by Cephisophon and Apollophanes to procure for pay the banishment or the disfranchisement of Apollodorus, he received but a few votes out of a total of five hundred, and left the court a perjured man and one with the reputation of a scoundrel.
11.1
Now, men of the jury, I would have you ask yourselves, considering in your own minds the natural course of events, what I could have done with myself and my wife and my sister, if it had fallen to the lot of Apollodorus to suffer any of the injuries which this fellow Stephanus plotted to inflict upon him in either the former or the latter trial, or how great were the disgrace and the ruin in which I should have been involved.
12.1
People came to me privately from all sides exhorting me to exact punishment from my opponent for the wrongs he had done us. They flung in my teeth the charge that I was the most cowardly of humankind, if, being so closely related to them, I did not take vengeance for the injuries done my sister, my father-in-law, my sister’s children, and my own wife, and if I did not bring before you this woman who is guilty of such flagrant impiety toward the gods, of such outrage toward the commonwealth, and of such contempt for your laws, and by prosecuting her and by my arguments convicting her of crime, to enable you to deal with her as you might see fit.
13.1
And as Stephanus here sought to deprive me of my relatives contrary to your laws and your decrees, so I too have come before you to prove that Stephanus is living with an alien woman contrary to the law; that he has introduced children not his own to his fellow-clansmen and demesmen; that he has given in marriage the daughters of courtesans as though they were his own; that he is guilty of impiety toward the gods; and that he nullifies the right of your people to bestow its own favors, if it chooses to admit anyone to citizenship; for who will any longer seek to win this reward from you and to undergo heavy expense and much trouble in order to become a citizen, when he can get what he wants from Stephanus at less expense, assuming that the result for him is to be the same?
14.1
The injuries, then, which I have suffered at the hands of Stephanus, and which led me to prefer this indictment, I have told you. I must now prove to you that this woman Neaera is an alien, that she is living with this man Stephanus as his wife, and that she has violated the laws of the state in many ways. I make of you, therefore, men of the jury, a request which seems to me a proper one for a young man and one without experience in speaking—that you will permit me to call Apollodorus as advocate to assist me in this trial.
15.1
For he is older than I and is better acquainted with the laws. He has studied all these matters with the greatest care, and he too has been wronged by this fellow Stephanus so that no one can object to his seeking vengeance upon the one who injured him without provocation. It is your duty, in the light of truth itself, when you have heard the exact nature both of the accusation and the defense, then and not till then to reach a verdict which will be in the interest of the gods of the laws, of justice, and of your own selves.
15.2
(Apollodorus, as co-pleaser, speaks.)
16.1
The wrongs done me by Stephanus, men of Athens, which have led me to come forward to accuse this woman Neaera, have been told you by Theomnestus. And that Neaera is an alien woman and is living as his wife with Stephanus contrary to the laws, I wish to make clear to you. First, the clerk shall read you the law under which Theomnestus preferred this indictment and this case comes before you.
16.2
The Law
16.3
If an alien shall live as husband with an Athenian woman in any way or manner whatsoever, he may be indicted before the Thesmothetae by anyone who chooses to do so from among the Athenians having the right to bring charges. And if he be convicted, he shall be sold, himself and his property, and the third part shall belong to the one securing his conviction. The same principle shall hold also if an alien woman shall live as wife with an Athenian, and the Athenian who lives as husband with the alien woman so convicted shall be fined one thousand drachmae.
17.1
You have heard the law, men of the jury, which forbids the union of an alien woman with an Athenian, or of an Athenian woman with an alien in any way or manner whatsoever, or the procreation of children. And if any persons shall transgress this law, it has provided that there shall be an indictment against them before the Thesmothetae, against both the alien man and the alien woman, and that, if convicted, any such person shall be sold. I wish, therefore, to prove to you convincingly from the very beginning that this woman Neaera is an alien.
18.1
There were these seven girls who were purchased while they were small children by Nicaretê, who was the freedwoman of Charisius the Elean and the wife of his cook Hippias. She was skilled in recognizing the budding beauty of young girls and knew well how to bring them up and train them artfully; for she made this her profession, and she got her livelihood from the girls.
19.1
She called them by the name of daughters in order that, by giving out that they were free women, she might exact the largest fees from those who wished to enjoy them. When she had reaped the profit of the youthful prime of each, she sold them, all seven, without omitting one—Anteia and Stratola and Aristocleia and Metaneira and Phila and Isthmias and this Neaera.
20.1
Who it was who purchased them severally, and how they were set free by those who bought them from Nicaretê, I will tell you in the course of my speech, if you care to hear and if the water in the water-clock holds out. I wish for the moment to return to the defendant Neaera, and prove to you that she belonged to Nicaretê, and that she lived as a prostitute letting out her person for hire to those who wished to enjoy her.
21.1
Lysias, the sophist, being the lover of Metaneira, wished, in addition to the other expenditures which he lavished upon her, also to initiate her; for he considered that everything else which he expended upon her was being taken by the woman who owned her, but that from whatever he might spend on her behalf for the festival and the initiation the girl herself would profit and be grateful to him. So he asked Nicaretê to come to the mysteries bringing with her Metaneira that she might be initiated, and he promised that he would himself initiate her.
22.1
When they got here, Lysias did not bring them to his own house, out of regard for his wife, the daughter of Brachyllus and his own niece, and for his own mother, who was elderly and who lived in the same house; but he lodged the two, Metaneira and Nicaretê, with Philostratus of Colonus, who was a friend of his and was as yet unmarried. They were accompanied by this woman Neaera, who had already taken up the trade of a prostitute, young as she was; for she was not yet old enough.
23.1
To prove the truth of my statements—that the defendant belonged to Nicaretê and followed in her train, and that she prostituted her person to anyone who wished to pay for it—I will call Philostratus as witness to these facts.
23.2
The Deposition
23.3
Philostratus, son of Dionysius, of Colonus, deposes that he knows that Neaera was a slave of Nicaretê, to whom Metaneira also belonged, that they were residents of Corinth, and that they stayed at his house when they came to Athens for the mysteries, and that Lysias the son of Cephalêus, who was an intimate friend of his, established them in his house.
24.1
Again after this, men of Athens, Simus the Thessalian came here with the defendant Neaera for the great Panathenaea. Nicaretê came with her, and they lodged with Ctesippus son of Glauconides,of Cydantidae; and the defendant Neaera drank and dined with them in the presence of many men, as any courtesan would do.
24.2
To prove the truth of my statements, I will call witnesses to these facts.
25.1
(To the clerk.) Please call Euphiletus, son of Simon, of Aexonê, and Aristomachus, son of Critodemus, of Alopecê.
25.2
The Witnesses
25.3
Euphiletus son of Simon, of Aexonê, and Aristomachus son of Critodemus, of Alopecê, depose that they know that Simus the Thessalian came to Athens for the great Panathenaea, and that Nicaretê came with him, and Neaera, the present defendant; and that they lodged with Ctesippus son of Glauconides, and that Neaera drank with them as being a courtesan, while many others were present and joined in the drinking in the house of Ctesippus.
26.1
After this, you must know, she plied her trade openly in Corinth and was quite a celebrity, having among other lovers Xenocleides the poet, and Hipparchus the actor, who kept her on hire. To prove the truth of my statement I cannot bring before you the testimony of Xenocleides, since the laws do not permit him to testify.
27.1
For when on the advice of Callistratus you undertook to aid the Lacedaemonians, he at that time opposed in the assembly the vote to do so, because he had purchased the right to collect the two per cent tax on grain during the peace, and was obliged to deposit his collections in the senate-chamber during each prytany. For this he was entitled to exemption under the laws and did not go out on that expedition; but he was indicted by this man Stephanus for avoidance of military duty, and being slanderously maligned in the latter’s speech before the court, was convicted and deprived of his civic rights.
28.1
And yet do you not count it a monstrous thing that this Stephanus has taken the right of free speech from those who are native-born citizens and are lawful members of our commonwealth, and in defiance of all the laws forces upon you as Athenians those who have no such right? I will, however, call Hipparchus himself and force him either to give testimony or take the oath of disclaimer, or I will subpoena him.
28.2
(To the clerk.) Please call Hipparchus.
28.3
The Deposition
28.4
Hipparchus of Athmonon deposes that Xenocleides and he hired in Corinth Neaera, the present defendant, as a courtesan who prostituted herself for money, and that Neaera used to drink at Corinth in the company of himself and Xenocleides the poet.
29.1
After this, then, she had two lovers, Timanoridas the Corinthian and Eucrates the Leucadian. These men seeing that Nicaretê was extravagant in the sums she exacted from them, for she demanded that they should supply the entire daily expenses of the household, paid down to Nicaretê thirty minae as the price of Neaera’s person, and purchased the girl outright from her in accordance with the law of the city, to be their slave.
30.1
And they kept her and made use of her as long a time as they pleased. When, however, they were about to marry, they gave her notice that they did not want to see her, who had been their own mistress, plying her trade in Corinth or living under the control of a brothel-keeper; but that they would be glad to recover from her less than they had paid down, and to see her reaping some advantage for herself. They offered, therefore, to remit one thousand drachmae toward the price of her freedom, five hundred drachmae apiece; and they bade her, when she found the means, to pay them the twenty minae. When she heard this proposal from Eucrates and Timanoridas, she summoned to Corinth among others who had been her lovers Phrynion of Paeania, the son of Demon and the brother of Demochares, a man who was living a licentious and extravagant life, as the older ones among you remember.
31.1
When Phrynion came to her, she told him the proposal which Eucrates and Timanoridas had made to her, and gave him the money which she had collected from her other lovers as a contribution toward the price of her freedom, and added whatever she had gained for herself, and she begged him to advance the balance needed to make up the twenty minae, and to pay it to Eucrates and Timanoridas to secure her freedom.
32.1
He listened gladly to these words of hers,and taking the money which had been paid in to her by her other lovers added the balance himself and paid the twenty minae as the price of her freedom to Eucrates and Timanoridas on the condition that she should not ply her trade in Corinth.
32.2
To prove that these statements of mine are true, I will call as witness to them the man who was present.
32.3
(To the clerk.) Please call Philagrus of Melitê.
32.4
The Deposition
32.5
Philagrus of Melitê deposes that he was present in Corinth when Phrynion, the brother of Demochares, paid down twenty minae as the price of Neaera, the present defendant, to Timanoridas, the Corinthian, and Eucrates, the Leucadian; and that after paying down the money Phrynion went off to Athens, taking Neaera with him.
33.1
When he came back here, bringing her with him, he treated her without decency or restraint, taking her everywhere with him to dinners where there was drinking and making her a partner in his revels; and he had intercourse with her openly whenever and wherever he wished, making his privilege a display to the onlookers. He took her to many houses to gay parties and among them to that of Chabrias of Aexonê, when, in the archonship of Socratidas, he was victor at the Pythian games with the four-horse chariot which he had bought from the sons of Mitys, the Argive, and returning from Delphi he gave a feast at Colias, to celebrate his victory, and in that place many had intercourse with her when she was drunk, while Phrynion was asleep, among them even the serving-men of Chabrias.
34.1
To prove that these statements of mine are true, I will bring before you as witnesses those who were present and saw for themselves.
34.2
(To the clerk.) Please call Chionides of Xypetê and Euthetion of Cydathenaeum.
34.3
The Depositions
34.4
Chionides of Xypetê and Euthetion of Cydathenaeum depose that they were invited to dinner by Chabrias, when he celebrated with a banquet his victory in the chariot race, and that the banquet was held at Colias; and that they know that Phrynion was present at the banquet, having with him Neaera, the present defendant; that they themselves lay down to sleep, as did Phrynion and Neaera, and that they observed that men got up in the night to go in to Neaera, among them some of the serving-men who were household slaves of Chabrias.
35.1
Since, then, she was treated with wanton outrage by Phrynion, and was not loved as she expected to be, and since her wishes were not granted by him, she packed up his household goods and all the clothing and jewelry with which he had adorned her person, and, taking with her two maid-servants, Thratta and Coccalinêe, ran off to Megara. This was the period when Asteius was archon at Athens, at the time you were waging your second war against the Lacedaemonians.
36.1
She remained at Megara two years, that of the archonship of Asteius and that of Alcisthenes; but the trade of prostitution did not bring in enough money to maintain her establishment—she was lavish in her tastes, and the Megarians were niggardly and illiberal, and there were but few foreigners there on account of the war and because the Megarians favored the Lacedaemonian side, while you were in control of the sea; it was, however, not open to her to return to Corinth, because she had got her freedom from Eucrates and Timanoridas on the condition that she would not ply her trade in Corinth;—
37.1
so, when peace was made in the archonship of Phrasicleides, and the battle was fought at Leuctra between the Thebans and the Lacedaemonians, this man Stephanus, having at the time come to Megara and having put up at Neaera’s house, as at the house of a courtesan, and having had intercourse with her, she told him all that had taken place and her brutal treatment by Phrynion. She gave him besides all that she had brought away from Phrynion’s house, and as she was eager to live at Athens, but was afraid of Phrynion because she had wronged him and he was bitter against her, and she knew he was a man of violent and reckless temper, she took Stephanus here for her patron.
38.1
He on his part encouraged her there in Megara with confident words, boastfully asserting that if Phrynion should lay hands on her he would have cause to rue it, whereas he himself would keep her as his wife and would introduce the sons whom she then had to his clansmen as being his own, and would make them citizens; and he promised that no one in the world should harm her. So he brought her with him from Megara to Athens, and with her her three children, Proxenus and Ariston and a daughter whom they now call Phano.
39.1
He established her and her children in the cottage which he had near the Whispering Hermes between the house of Dorotheus the Eleusinian and that of Cleinomachus—the cottage which Spintharus has now bought from him for seven minae; so the property which Stephanus owned was just this and nothing besides. There were two reasons why he brought her here: first, because he would have a beautiful mistress without cost, and secondly, because her earnings would procure supplies and maintain the house; for he had no other income save what he might get by pettifoggery.
40.1
Phrynion, however, learned that the woman was in Athens, and was living with Stephanus, and taking some young men with him he came to the house of Stephanus and attempted to carry her off. When Stephanus took her away from him, as the law allowed, declaring her to be a free woman, Phrynion required her to post bonds with the polemarch.
40.2
To prove that this statement is true, I will bring before you as a witness to these facts the man himself who was polemarch at the time.
40.3
(To the clerk.) Please call Aeetes of Ceiriadae.
40.4
The Deposition
40.5
Aeetes of Ceiriadae deposes that while he was polemarch, Neaera, the present defendant, was required by Phrynion, the brother of Demochares, to post bonds, and that the sureties of Neaera were Stephanus of Eroeadae, Glaucetes of Cephisia, and Aristocrates of Phalerum.
41.1
Now that Stephanus had become surety for her, and seeing that she was living at his house, she continued to carry on the same trade no less than before, but she charged higher fees from those who sought her favors as being now a respectable woman living with her husband. Stephanus, on his part, joined with her in extorting blackmail. If he found as a lover of Neaera any young alien rich and without experience, he would lock him up as caught in adultery with her, and would extort a large sum of money from him.
42.1
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.
43.1
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;
44.1
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.
45.1
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 Alopecê, 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.
46.1
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.
47.1
Such were the terms of the reconciliation effected by the arbitrators between Phrynion and Stephanus in regard to this woman Neaera.
47.2
To prove that these statements of mine are true, the clerk shall read you the deposition regarding these matters.
47.3
(To the clerk.) Please call Satyrus of Alopecê, Saurias of Lamptrae, and Aristogeiton of Acharnae.
47.4
The Deposition
47.5
Satyrus of Alopecê, 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.
47.6
The Terms of Reconciliation
47.7
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.
48.1
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.
48.2
To prove that these statements of mine are true, (oo the clerk) call, please as witnesses those who were present with them, Eubulus of Probalinthus, Diopeithes of Melitê, and Cteson of Cerameis.
48.3
The Deposition
48.4
Eubulus of Probalinthus, Diopeithes of Melitê, 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.
49.1
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.
50.1
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 laboring 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.
51.1
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.
52.1
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.
52.2
(To the clerk.) Read it, please.
52.3
The Law
52.4
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.
53.1
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 marriage portion, and withdrew his action for alimony; and Phrastor on his part withdrew indictment from the Thesmothetae.
53.2
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.
54.1
(To the clerk.) Please call Phrastor of Aegilia.
54.2
The Deposition
54.3
Phrastor of Aegilia deposes that, when he learned that Stephanus had given him in marriage a daughter of Neaera, representing that she was 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.
55.1
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—
56.1
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.
57.1
His reasoning in the matter was both 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.
58.1
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 Melitê, 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.
59.1
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.
60.1
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.
61.1
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.

Perseus Greek. CTS URN tlg0014.tlg059.perseus-eng2. Via the Perseus Digital Library / Open Greek and Latin TEI corpora. Licence: CC BY-SA 4.0. Source.