Delphi Complete Works of Demosthenes

by Demosthenes

  [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] λαχόντος δὲ τοῦ Φράστορος αὐτοῖς δίκην, ὅτι οὐκ ἐνέγραφον αὑτοῦ υἱόν, προκαλοῦνται αὐτὸν οἱ γεννῆται πρὸς τῷ διαιτητῇ ὀμόσαι καθ᾽ ἱερῶν τελείων ἦ μὴν νομίζειν εἶναι αὑτοῦ υἱὸν ἐξ ἀστῆς γυναικὸς καὶ ἐγγυητῆς κατὰ τὸν νόμον. προκαλουμένων δὲ ταῦτα τῶν γεννητῶν τὸν Φράστορα πρὸς τῷ διαιτητῇ, ἔλιπεν ὁ Φράστωρ τὸν ὅρκον καὶ οὐκ ὤμοσεν.

  [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] καὶ ὅτι ἀληθῆ ταῦτα λέγω, τούτων ὑμῖν μάρτυρας τοὺς παρόντας Βρυτιδῶν παρέξομαι.”Μάρτυρες

  Τιμόστρατος Ἑκάληθεν, Ξάνθιππος Ἐροιάδης, Εὐάλκης Φαληρεύς, Ἄνυτος Λακιάδης, Εὐφράνωρ Αἰγιλιεύς, Νίκιππος Κεφαλῆθεν μαρτυροῦσιν εἶναι καὶ αὑτοὺς καὶ Φράστορα τὸν Αἰγιλιέα τῶν γεννητῶν οἳ καλοῦνται Βρυτίδαι, καὶ ἀξιοῦντος Φράστορος εἰσάγειν τὸν υἱὸν τὸν αὑτοῦ εἰς τοὺς γεννήτας, εἰδότες αὐτοὶ ὅτι Φράστορος υἱὸς εἴη ἐκ τῆς θυγατρὸς τῆς Νεαίρας, κωλύειν εἰσάγειν Φράστορα τὸν υἱόν.”

  [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] οὐκοῦν περιφανῶς ἐπιδεικνύω ὑμῖν καὶ αὐτοὺς τοὺς οἰκειοτάτους Νεαίρας ταυτησὶ καταμεμαρτυρηκότας ὡς ἔστιν ξένη, Στέφανόν τε τουτονὶ τὸν ἔχοντα ταύτην νυνὶ καὶ συνοικοῦντ᾽ αὐτῇ καὶ Φράστορα τὸν λαβόντα τὴν θυγατέρα, Στέφανον μὲν οὐκ ἐθελήσαντα ἀγωνίσασθαι ὑπὲρ τῆς θυγατρὸς τῆς ταύτης, γραφέντα ὑπὸ Φράστορος πρὸς τοὺς θεσμοθέτας ὡς Ἀθηναίῳ ὄντι ξένης θυγατέρα αὐτῷ ἠγγύησεν, ἀλλ᾽ ἀποστάντα τῆς προικὸς καὶ οὐκ ἀπολαβόντα,

  [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] Φράστορα δ᾽ ἐκβαλόντα τε τὴν θυγατέρα τὴν Νεαίρας ταυτησὶ γήμαντα, ἐπειδὴ ἐπύθετο οὐ Στεφάνου οὖσαν, καὶ τὴν προῖκα οὐκ ἀποδόντα, ἐπειδή τε ἐπείσθη ὕστερον διὰ τὴν ἀσθένειαν τὴν αὑτοῦ καὶ τὴν ἀπαιδίαν καὶ τὴν ἔχθραν τὴν πρὸς τοὺς οἰκείους ποιήσασθαι τὸν υἱόν, καὶ ἐπειδὴ εἰσῆγεν εἰς τοὺς γεννήτας, ἀποψηφισαμένων τῶν γεννητῶν καὶ διδόντων ὅρκον αὐτῷ οὐκ ἐθελήσαντα ὀμόσαι, ἀλλὰ μᾶλλον εὐορκεῖν προελόμενον, καὶ ἑτέραν ὕστερον γήμαντα γυναῖκα ἀστὴν κατὰ τὸν νόμον: αὗται γὰρ αἱ πράξεις περιφανεῖς οὖσαι μεγάλας μαρτυρίας δεδώκασι κατ᾽ αὐτῶν, ὅτι ἔστι ξένη Νέαιρα αὑτηί.

  [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] σκέψασθε δὲ καὶ τὴν αἰσχροκερδίαν τὴν Στεφάνου τουτουὶ καὶ τὴν πονηρίαν, ἵνα καὶ ἐκ ταύτης εἰδῆτε ὅτι οὐκ ἔστιν Νέαιρα αὑτηὶ ἀστή. Ἐπαίνετον γὰρ τὸν Ἄνδριον, ἐραστὴν ὄντα Νεαίρας ταυτησὶ παλαιὸν καὶ πολλὰ ἀνηλωκότα εἰς αὐτὴν καὶ καταγόμενον παρὰ τούτοις ὁπότε ἐπιδημήσειεν Ἀθήναζε διὰ τὴν φιλίαν τὴν Νεαίρας,

  [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] ἐπιβουλεύσας Στέφανος οὑτοσί, μεταπεμψάμενος εἰς ἀγρὸν ὡς θύων, λαμβάνει μοιχὸν ἐπὶ τῇ θυγατρὶ τῇ Νεαίρας ταυτησί, καὶ εἰς φόβον καταστήσας πράττεται μνᾶς τριάκοντα, καὶ λαβὼν ἐγγυητὰς τούτων Ἀριστόμαχόν τε τὸν θεσμοθετήσαντα καὶ Ναυσίφιλον τὸν Ναυσινίκου τοῦ ἄρξαντος υἱόν, ἀφίησιν ὡς ἀποδώσοντα αὑτῷ τὸ ἀργύριον.

  [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] ἐξελθὼν δὲ ὁ Ἐπαίνετος καὶ αὐτὸς αὑτοῦ κύριος γενόμε�
�ος γράφεται πρὸς τοὺς θεσμοθέτας γραφὴν Στέφανον τουτονί, ἀδίκως εἱρχθῆναι ὑπ᾽ αὐτοῦ, κατὰ τὸν νόμον ὃς κελεύει, ἐάν τις ἀδίκως εἵρξῃ ὡς μοιχόν, γράψασθαι πρὸς τοὺς θεσμοθέτας ἀδίκως εἱρχθῆναι, καὶ ἐὰν μὲν ἕλῃ τὸν εἵρξαντα καὶ δόξῃ ἀδίκως ἐπιβεβουλεῦσθαι, ἀθῷον εἶναι αὐτὸν καὶ τοὺς ἐγγυητὰς ἀπηλλάχθαι τῆς ἐγγύης: ἐὰν δὲ δόξῃ μοιχὸς εἶναι, παραδοῦναι αὐτὸν κελεύει τοὺς ἐγγυητὰς τῷ ἑλόντι, ἐπὶ δὲ τοῦ δικαστηρίου ἄνευ ἐγχειριδίου χρῆσθαι ὅ τι ἂν βουληθῇ, ὡς μοιχῷ ὄντι.

  [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] κατὰ δὴ τοῦτον τὸν νόμον γράφεται αὐτὸν ὁ Ἐπαίνετος, καὶ ὡμολόγει μὲν χρῆσθαι τῇ ἀνθρώπῳ, οὐ μέντοι μοιχός γε εἶναι: οὔτε γὰρ Στεφάνου θυγατέρα αὐτὴν εἶναι ἀλλὰ Νεαίρας, τήν τε μητέρα αὐτῆς συνειδέναι πλησιάζουσαν αὑτῷ, ἀνηλωκέναι τε πολλὰ εἰς αὐτάς, τρέφειν τε ὁπότε ἐπιδημήσειεν, τὴν οἰκίαν ὅλην: τόν τε νόμον ἐπὶ τούτοις παρεχόμενος, ὃς οὐκ ἐᾷ ἐπὶ ταύτῃσι μοιχὸν λαβεῖν ὁπόσαι ἂν ἐπ᾽ ἐργαστηρίου καθῶνται ἢ πωλῶνται ἀποπεφασμένως, ἐργαστήριον φάσκων καὶ τοῦτο εἶναι, τὴν Στεφάνου οἰκίαν, καὶ τὴν ἐργασίαν ταύτην εἶναι, καὶ ἀπὸ τούτων αὐτοὺς εὐπορεῖν μάλιστα.

  [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] τούτους δὲ τοὺς λόγους λέγοντος τοῦ Ἐπαινέτου καὶ τὴν γραφὴν γεγραμμένου, γνοὺς Στέφανος οὑτοσὶ ὅτι ἐξελεγχθήσεται πορνοβοσκῶν καὶ συκοφαντῶν, δίαιταν ἐπιτρέπει πρὸς τὸν Ἐπαίνετον αὐτοῖς τοῖς ἐγγυηταῖς, ὥστε τῆς μὲν ἐγγύης αὐτοὺς ἀφεῖσθαι, τὴν δὲ γραφὴν ἀνελέσθαι τὸν Ἐπαίνετον.

  [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] πεισθέντος δὲ τοῦ Ἐπαινέτου ἐπὶ τούτοις καὶ ἀνελομένου τὴν γραφὴν ἣν ἐδίωκε Στέφανον, γενομένης συνόδου αὐτοῖς καὶ καθεζομένων διαιτητῶν τῶν ἐγγυητῶν, δίκαιον μὲν οὐδὲν εἶχε λέγειν Στέφανος, εἰς ἔκδοσιν δ᾽ ἠξίου τὸν Ἐπαίνετον τῇ τῆς Νεαίρας θυγατρὶ συμβαλέσθαι, λέγων τὴν ἀπορίαν τὴν αὑτοῦ καὶ τὴν ἀτυχίαν τὴν πρότερον γενομένην τῇ ἀνθρώπῳ πρὸς τὸν Φράστορα, καὶ ὅτι ἀπολωλεκὼς εἴη τὴν προῖκα, καὶ οὐκ ἂν δύναιτο πάλιν αὐτὴν ἐκδοῦναι:

  [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 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] ‘σὺ δὲ καὶ κέχρησαι’ ἔφη ‘τῇ ἀνθρώπῳ, καὶ δίκαιος εἶ ἀγαθόν τι ποιῆσαι αὐτήν’, καὶ ἄλλους ἐπαγωγοὺς λόγους, οὓς ἄν τις δεόμενος ἐκ πονηρῶν πραγμάτων εἴποι ἄν. ἀκούσαντες δ᾽ ἀμφοτέρων αὐτῶν οἱ διαιτηταὶ διαλλάττουσιν αὐτούς, καὶ πείθουσι τὸν Ἐπαίνετον χιλίας δραχμὰς εἰσενεγκεῖν εἰς τὴν ἔκδοσιν τῇ θυγατρὶ τῇ Νεαίρας. καὶ ὅτι πάντα ταῦτα ἀληθῆ λέγω, τούτων ὑμῖν μάρτυρας αὐτοὺς τοὺς ἐγγυητὰς καὶ διαιτητὰς γενομένους καλῶ.

  [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] “Μάρτυρες

  Ναυσίφιλος Κεφαλῆθεν, Ἀριστόμαχος Κεφαλῆθεν μαρτυροῦσιν ἐγγυηταὶ γενέσθαι Ἐπαινέτου τοῦ Ἀνδρίου, ὅτ᾽ ἔφη Στέφανος μοιχὸν εἰληφέναι Ἐπαίνετον: καὶ ἐπειδὴ ἐξῆλθεν Ἐπαίνετος παρὰ Στεφάνου καὶ κύριος ἐγένετο αὑτοῦ, γράψασθαι γραφὴν Στέφανον πρὸς τοὺς θεσμοθέτας, ὅτι αὐτὸν ἀδίκως εἷρξεν: καὶ αὐτοὶ διαλλακταὶ γενόμενοι διαλλάξαι Ἐπαίνετον καὶ Στέφανον: τὰς δὲ διαλλαγὰς εἶναι ἃς παρέχεται Ἀπολλόδωρος.”“Διαλλαγαί

  ἐπὶ τοῖσδε διήλλαξαν Στέφανον καὶ Ἐπαίνετον οἱ διαλλακταί, τῶν μὲν γεγενημένων περὶ τὸν εἱργμὸν μηδεμίαν μνείαν ἔχειν, Ἐπαίνετον δὲ δοῦναι χιλίας δραχμὰς Φανοῖ εἰς ἔκδοσιν, ἐπειδὴ κέχρηται αὐτῇ πολλάκις: στέφανον δὲ παρέχειν Φανὼ Ἐπαινέτῳ, ὁπόταν ἐπιδημῇ καὶ βούλητα
ι συνεῖναι αὐτῇ.”

  [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] τὴν τοίνυν περιφανῶς ἐγνωσμένην ξένην εἶναι καὶ ἐφ᾽ ᾗ μοιχὸν οὗτος ἐτόλμησε λαβεῖν, εἰς τοσοῦτον ὕβρεως καὶ ἀναιδείας ἦλθεν Στέφανος οὑτοσὶ καὶ Νέαιρα αὑτηί, ὥστε ἐτόλμησαν μὴ ἀγαπᾶν εἰ ἔφασκον αὐτὴν ἀστὴν εἶναι, ἀλλὰ κατιδόντες Θεογένην Κοιρωνίδην λαχόντα βασιλέα, ἄνθρωπον εὐγενῆ μέν, πένητα δὲ καὶ ἄπειρον πραγμάτων, συμπαραγενόμενος αὐτῷ δοκιμαζομένῳ καὶ συνευπορήσας ἀναλωμάτων, ὅτε εἰσῄει εἰς τὴν ἀρχήν, Στέφανος οὑτοσί, καὶ ὑπελθὼν καὶ τὴν ἀρχὴν παρ᾽ αὐτοῦ πριάμενος, πάρεδρος γενόμενος, δίδωσι τὴν ἄνθρωπον ταύτην γυναῖκα, τὴν τῆς Νεαίρας θυγατέρα, καὶ ἐγγυᾷ Στέφανος οὑτοσὶ ὡς αὑτοῦ θυγατέρα οὖσαν: οὕτω πολὺ τῶν νόμων καὶ ὑμῶν κατεφρόνησεν.