Theomnestus and Apollodorus Against Neaera (121-125)

for these women know perfectly well that Proxenus, who died, Ariston, who is still living, and Antidorides the runner, and Phano, formerly called Strybel, who married Theogenes, the king, are children of Neaera. And if it should appear from the torture that this man Stephanus had married an Athenian wife and that these children were borne to him, not by Neaera, but by another woman who was an Athenian, I offered to withdraw from the case and to prevent this indictment from coming into court.

For this is what living with a woman as one’s wife means—to have children by her and to introduce the sons to the members of the clan and of the deme, and to betroth the daughters to husbands as one’s own. Mistresses we keep for the sake of pleasure, concubines for the daily care of our persons, but wives to bear us legitimate children and to be faithful guardians of our households. If, therefore, Stephanus had previously married an Athenian woman, and these children are hers and not Neaera’s, he could have shown it by the most certain evidence, by delivering up these women-servants for the torture.

To prove that I so challenged him, the clerk shall read to you the deposition regarding these matters and the challenge.

(To the clerk.) Read the deposition and then the challenge.

The Deposition

Hippocrates, son of Hippocrates, of Probalinthus,[*] Demosthenes, son of Demosthenes, of Paeania, Diophanes, son of Diophanes, of Alopecê, Deinomenes, son of Archelaus, of Cydathenaeum, Deinias, son of Phormides, of Cydantidae, and Lysimachus, son of Lysippus, of Aegilia, depose that they were present in the agora, when Apollodorus challenged Stephanus, demanding that he deliver up the women-servants for the torture in regard to the charges preferred against Stephanus by Apolodorus concerning Neaera; and that Stephanus refused to deliver up the women-servants; and that the challenge was the one which Apollodorus produces.

(To the clerk.) Now read the challenge itself which I tendered to this Stephanus.

The Challenge

Apollodorus tendered this challenge to Stephanus in connection with the indictment which he preferred against Neaera, charging that she, being an alien, is living as wife with him, a citizen. Apollodorus is ready to receive for examination by the torture the women-servants of Neaera, Thratta and Coccalinê, whom she brought with her from Megara, and those whom she subsequently purchased while living with Stephanus—Xennis, namely, and Drosis—women who have accurate knowledge regarding the children of Neaera, that they are not by Stephanus. These are Proxenus, who died, Ariston, who is now living, Antidorides the runner, and Phano. And if they agreed that these children are Neaera’s, I demanded that Neaera be sold as a slave in accordance with the law, and that her children be declared aliens; but if they agreed that the children are not hers but were born of some other woman who was an Athenian, then I offered to withdraw from the action against Neaera, and if the women had been injured in any way as a result of the torture, to pay for the injuries sustained.

On my tendering this challenge to Stephanus, men of the jury, he refused to accept it. Does it not, then, appear to you, men of the jury, that a verdict has been given by Stephanus here himself that Neaera is guilty under the indictment which I preferred against her, and that I have told you the truth and produced testimony which is true, whereas whatever Stephanus may say to you will be wholly false, and he will himself prove that he has no sound argument to advance, inasmuch as he has refused to deliver up for the torture the women-servants whom I demanded of him?