Theomnestus and Apollodorus Against Neaera

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.

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.

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.[*](A prominent orator and politician, often mentioned by Demosthenes.) 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;

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.

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[*](Lamptrae, a deme of the tribe Erectheïs.); and they added to their number by common consent Diogeiton of Acharnae.[*](Acharnae, a deme of the tribe Oeneïs.)

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.

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 Alopecê, Saurias of Lamptrae, and Aristogeiton of Acharnae.

The Deposition

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.

The Terms of Reconciliation

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.

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, (oo the clerk) call, please as witnesses those who were present with them, Eubulus of Probalinthus,[*](Probalinthus, a deme of the tribe Pandionis.) Diopeithes of Melitê, and Cteson of Cerameis.[*](Cerameis, a deme of the tribe Acamantis.)

The Deposition

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.

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.

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[*](Aegilia, a deme of the tribe Antiochis.); 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.

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.

Stephanus brought suit for alimony against him in the Odeum[*](Actions for alimony were carried before a tribunal which sat in the Odeum, a building properly devoted to musical contests) 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[*](That is, at the rate of 18 per cent.); 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.

The Law

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.

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.

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.

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

The Deposition

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.

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—

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.

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.

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.

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.

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.