Theomnestus and Apollodorus Against Neaera (66-70)

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.

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.

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.

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.

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.

The Witnesses