Theomnestus and Apollodorus Against Neaera

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.

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.

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.

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.[*](Erchia, a deme of the tribe Aegeïs; but see note a on Dem. 59.72.)

The Deposition

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 that he expelled Stephanus from his post of assessor, and no longer allowed him to serve in that capacity.

(To the clerk.) Now take, please, the law bearing upon these matters, and read it; 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.

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.

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

(To the clerk.) Take it please.

The Law Regarding Adultery

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.

I wish now, men of Athens, to bring before you the testimony also of the Athenian civic body, to show you how great care they take in regard to these religious rites. For the civic body of Athens, although it has supreme authority over all things in the state, and it is in its power to do whatsoever it pleases, yet regarded the gift of Athenian citizenship as so honorable and so sacred a thing that it enacted in its own restraint laws to which it must conform, when it wishes to create a citizen—laws which now have been dragged through the mire by Stephanus and those who contract marriages of this sort.

However, you will be the better for hearing them, and you will know that these people have debased the most honorable and the most sacred gifts, which are granted to the benefactors of the state.

In the first place, there is a law imposed upon the people forbidding them to bestow Athenian citizenship upon any man who does not deserve it because of distinguished services to the Athenian people. In the next place, when the civic body has been thus convinced and bestows the gift, it does not permit the adoption to become valid, unless in the next ensuing assembly more than six thousand Athenians confirm it by a secret ballot.

And the law requires the presidents[*](See note a on Dem. 59.7.) to set out the ballotboxes and to give the ballots to the people as they come up before the non-citizens have come in and the barriers[*](Movable barriers separated the spectators from the voting members of the assembly.) have been removed, in order that every one of the citizens, being absolutely free from interference, may form his own judgement regarding the one whom he is about to make a citizen, whether the one about to be so adopted is worthy of the gift. Furthermore, after this the law permits to any Athenian who wishes to prefer it an indictment for illegality against the candidate, and he may come into court and prove that the person in question is not worthy of the gift, but has been made a citizen contrary to the laws.

And there have been cases ere now when, after the people had bestowed the gift, deceived by the arguments of those who requested it, and an indictment for illegality had been preferred and brought into court, the result was that the person who had received the gift was proved to be unworthy of it, and the court took it back. To review the many cases in ancient times would be a long task; I will mention only those which you all remember: Peitholas the Thessalian, and Apollonides the Olynthian, after having been made citizens by the people, were deprived of the gift by the court.

These are not events of long ago of which you might be ignorant.

However, although the laws regarding citizenship and the steps that must be taken before one may become an Athenian are so admirably and so securely established, there is yet another law which has been enacted in addition to all these, and this law is of paramount validity; such great precautions have the people taken in the interest of themselves and of the gods, to the end that the sacrifices on the state’s behalf may be offered in conformity with religious usage. For in the case of all those whom the Athenian people may make citizens, the law expressly forbids that they should be eligible to the office of the nine archons or to hold any priesthood; but their descendants are allowed by the people to share in all civic rights, though the proviso is added: if they are born from an Athenian woman who was betrothed according to the law.

That these statements of mine are true, I will prove to you by the clearest and most convincing testimony; but I wish first to go back to the origins of the law and to show how it came to be enacted and who those were whom its provisions covered as being men of worth who had shown themselves staunch friends to the people of Athens. For from all this you will know that the people’s gift which is reserved for benefactors is being dragged through the mire, and how great the privileges are which are being taken from your control by this fellow Stephanus and those who have married and begotten children in the manner followed by him.

The Plataeans, men of Athens, alone among the Greeks came to your aid at Marathon[*](This was in 490 B.C.) when Datis, the general of King Dareius, on his return from Eretria[*](A town in Euboea across the strait from Attica.) after subjugating Euboea, landed on our coast with a large force and proceeded to ravage the country. And even to this day the picture in the Painted Stoa[*](See note a on Dem. 45.17.) exhibits the memorial of their valor; for each man is portrayed hastening to your aid with all speed—they are the band wearing Boeotian caps.

And again, when Xerxes came against Greece and the Thebans went over to the side of the Medes, the Plataeans refused to withdraw from their alliance with us, but, unsupported by any others of the Boeotians, half of them arrayed themselves in Thermopylae against the advancing barbarian together with the Lacedaemonians and Leonidas, and perished with them; and the remainder embarked on your triremes, since they had no ships of their own, and fought along with you in the naval battles at Artemisium[*](Artemisiun, the northernmost promonotory of Euboea.) and at Salamis.

And they fought together with you and the others who were seeking to save the freedom of Greece in the final battle at Plataea against Mardonius, the King’s general, and deposited the liberty thus secured as a common prize for all the Greeks. And when Pausanias, the king of the Lacedaemonians, sought to put an insult upon you, and was not content that the Lacedaemonians had been honored by the Greeks with the supreme command, and when your city, which in reality had been the leader in securing liberty for the Greeks, forbore to strive with the Lacedaemonians as rivals for the honor through fear of arousing jealousy among the allies;

Pausanias, the king of the Lacedaemonians, puffed up by this, inscribed a distich upon the tripod at Delphi, which the Greeks who had jointly fought in the battle at Plataea and in the sea-fight at Salamis had made in common from the spoils taken from the barbarians, and had set up in honor of Apollo as a memorial of their valor. The distich[*](This distich, said by Paus. 3.8.1, to be the work of Simonides, is quoted also in Thuc. 1.132. According to Hdt. 9.81.4 the monument in question was a golden tripod, set upon a three-headed serpent of bronze. The gold tripod was carried off by the Phocians in the Sacred War (Paus. 10.13.6), and the supporting pillar, three intertwined serpents of bronze, was taken away by Constantine and set up in the Hippodrome of his new capital at Byzantium (Gibbon, Decline and Fall, Chap. 17, note 48), where it was rediscovered in 1856. The names of the Greek states which took part in the war are inscribed on the coils of the serpents (see Hicks, Greek Historical Inscriptions, pp. 11-13 and Dittenberger, Syllogê, 1 p. 31).) was as follows:

1. Pausanias, supreme commander of the Greeks, when he had destroyed the host of the Medes,
2. dedicated to Phoebus this memorial.

He wrote thus, as if the achievement and the offering had been his own and not the common work of the allies;

and the Greeks were incensed at this, and the Plataeans brought suit on behalf of the allies against the Lacedaemonians before the Amphictyons[*](These were the members of the council of Greek states meeting at Delphi.) for one thousand talents, and compelled them to erase the distich and to inscribe the names of all the states which had had a part in the work. This act more than any other drew upon the Plataeans the hatred of the Lacedaemonians and their royal house.

For the moment the Lacedaemonians had no means of dealing with them, but about fifty years later Archidamus, son of Zeuxidamus, king of the Lacedaemonians, undertook in time of peace to seize their city.

He did this from Thebes, through the agency of Eurymachus, the son of Leontiadas, the Boeotarch,[*](This title was given to the high officials at Thebes. The story of the attack on Plataea is told in detail in Thuc. 2.2 ff. The date was 428 B.C.) and the gates were opened at night by Naucleides and some accomplices of his, who had been won over by bribes. The Plataeans, discovering that the Thebans had got within the gates in the night and that their city had been suddenly seized in time of peace, ran to bear aid and arrayed themselves for battle. When day dawned, and they saw that the Thebans were few in number, and that only their first ranks had entered—a heavy rain which had fallen in the night prevented them from all getting in; for the river Asopus was flowing full and was not easy to cross especially in the night;—

so, when the Plataeans saw the Thebans in the city and learned that their whole body was not there, they made an attack, overwhelmed them in battle, and destroyed them before the rest arrived to bear them further aid; and they at once sent a messenger to you, telling of what had been done and of their victory in the battle, and to ask for your help in case the Thebans should ravage their country. The Athenians, when they heard what had taken place, hastened to the aid of the Plataeans; and the Thebans, seeing that the Athenians had come to the Plataeans’ aid, returned home.