Theomnestus and Apollodorus Against Neaera (71-75)

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.

The Terms of Reconciliation

The 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.

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.

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?

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.

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.