Delphi Complete Works of Demosthenes

by Demosthenes

  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]

  Please call Phrastor of Aegilia.”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Odeum for alimony, he made an arrangement with him on the terms that the indictment before the Thesmothetae should be withdrawn, and also the suit for alimony which Stephanus had brought against me.” [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 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 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] 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.”Witnesses

  Timostratus of Hecalê, Xanthippus of Eroeadae, Evalces of Phalerum, Anytus of Laciadae, Euphranor of Aegilia and Nicippus of Cephalê, 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 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 pretence 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 whic
h the sureties sat as arbitrators. Stephanus could say nothing in defense 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 favors, 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] “Witnesses

  Nausiphilus of Cephalê and Aristomachus of Cephalê 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.”“Terms of ReconciliationThe 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 favors; 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 favor, 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 valor; 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.”Oath of the Venerable Priestesses

  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 honor 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] “A
nd,” 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.

  Call, please, Theogenes of Erchia.”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.” [85] 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. [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]