87. That this is so, you will see clearly, when you have heard the law read. (To the clerk.) Take it please. The Law Regarding Adultery “When he has caught the adulterer, it shall not be lawful for the one who has caught him to continue living with his wife, and if he does so, he shall lose his civic rights and it shall not be lawful for the woman who is taken in adultery to attend public sacrifices; and if she does attend them, she may be made to suffer any punishment whatsoever, short of death, and that with impunity.”
87. καὶ ὅτι ταῦτα οὕτως ἔχει, τοῦ νόμου αὐτοῦ ἀκούσαντες ἀναγνωσθέντος εἴσεσθε. καί μοι λαβέ. ΝΟΜΟΣ ΜΟΙΧΕΙΑΣ. ἐπειδὰν δὲ ἕλῃ τὸν μοιχόν, μὴ ἐξέστω τῷ ἑλόντι συνοικεῖν τῇ γυναικί· ἐὰν δὲ συνοικῇ, ἄτιμος ἔστω. μηδὲ τῇ γυναικὶ ἐξέστω εἰσιέναι εἰς τὰ ἱερὰ τὰ δημοτελῆ, ἐφʼ ᾗ ἂν μοιχὸς ἁλῷ· ἐὰν δʼ εἰσίῃ, νηποινεὶ πασχέτω ὅ τι ἂν πάσχῃ, πλὴν θανάτου.
88. I wish now, men of Athens, to bring before you the testimony also of the Athenian civic body, to show you how great care they take in regard to these religious rites. For the civic body of Athens, although it has supreme authority over all things in the state, and it is in its power to do whatsoever it pleases, yet regarded the gift of Athenian citizenship as so honorable and so sacred a thing that it enacted in its own restraint laws to which it must conform, when it wishes to create a citizen—laws which now have been dragged through the mire by Stephanus and those who contract marriages of this sort.
88. βούλομαι τοίνυν ὑμῖν, ὦ ἄνδρες Ἀθηναῖοι, καὶ τοῦ δήμου τοῦ Ἀθηναίων μαρτυρίαν παρασχέσθαι, ὡς σπουδάζει περὶ τὰ ἱερὰ ταῦτα καὶ ὡς πολλὴν πρόνοιαν περὶ αὐτῶν πεποίηται. ὁ γὰρ δῆμος ὁ Ἀθηναίων κυριώτατος ὢν τῶν ἐν τῇ πόλει ἁπάντων, καὶ ἐξὸν αὐτῷ ποιεῖν ὅ τι ἂν βούληται, οὕτω καλὸν καὶ σεμνὸν ἡγήσατʼ εἶναι δῶρον τὸ Ἀθηναῖον γενέσθαι, ὥστε νόμους ἔθετο αὑτῷ καθʼ οὓς ποιεῖσθαι δεῖ, ἐάν τινα βούλωνται, πολίτην, οἳ νῦν προπεπηλακισμένοι εἰσὶν ὑπὸ Στεφάνου τουτουὶ καὶ τῶν οὕτω γεγαμηκότων.
89. However, you will be the better for hearing them, and you will know that these people have debased the most honorable and the most sacred gifts, which are granted to the benefactors of the state. In the first place, there is a law imposed upon the people forbidding them to bestow Athenian citizenship upon any man who does not deserve it because of distinguished services to the Athenian people. In the next place, when the civic body has been thus convinced and bestows the gift, it does not permit the adoption to become valid, unless in the next ensuing assembly more than six thousand Athenians confirm it by a secret ballot.
89. ὅμως δʼ ἀκούοντες αὐτῶν βελτίους ἔσεσθε, καὶ τὰ κάλλιστα καὶ τὰ σεμνότατα δῶρα τοῖς εὐεργετοῦσι τὴν πόλιν διδόμενα γνώσεσθε ὡς λελυμασμένοι εἰσίν. πρῶτον μὲν γὰρ νόμος ἐστὶ τῷ δήμῳ κείμενος μὴ ἐξεῖναι ποιήσασθαι Ἀθηναῖον, ὃν ἂν μὴ διʼ ἀνδραγαθίαν εἰς τὸν δῆμον τὸν Ἀθηναίων ἄξιον ᾖ γενέσθαι πολίτην. ἔπειτʼ ἐπειδὰν πεισθῇ ὁ δῆμος καὶ δῷ τὴν δωρεάν, οὐκ ἐᾷ κυρίαν γενέσθαι τὴν ποίησιν, ἐὰν μὴ τῇ ψήφῳ εἰς τὴν ἐπιοῦσαν ἐκκλησίαν ὑπερεξακισχίλιοι Ἀθηναίων ψηφίσωνται κρύβδην ψηφιζόμενοι.
90. And the law requires the presidents to set out the ballotboxes and to give the ballots to the people as they come up before the non-citizens have come in and the barriers have been removed, in order that every one of the citizens, being absolutely free from interference, may form his own judgement regarding the one whom he is about to make a citizen, whether the one about to be so adopted is worthy of the gift. Furthermore, after this the law permits to any Athenian who wishes to prefer it an indictment for illegality against the candidate, and he may come into court and prove that the person in question is not worthy of the gift, but has been made a citizen contrary to the laws.
90. τοὺς δὲ πρυτάνεις κελεύει τιθέναι τοὺς καδίσκους ὁ νόμος καὶ τὴν ψῆφον διδόναι προσιόντι τῷ δήμῳ πρὶν τοὺς ξένους εἰσιέναι, καὶ τὰ γέρρα ἀναιρεῖν, ἵνα κύριος ὢν αὐτὸς αὑτοῦ ἕκαστος σκοπῆται πρὸς αὑτὸν ὅντινα μέλλει πολίτην ποιήσεσθαι, εἰ ἄξιός ἐστι τῆς δωρεᾶς ὁ μέλλων λήψεσθαι. ἔπειτα μετὰ ταῦτα παρανόμων γραφὴν ἐποίησε κατʼ αὐτοῦ τῷ βουλομένῳ Ἀθηναίων, καὶ ἔστιν εἰσελθόντα εἰς τὸ δικαστήριον ἐξελέγξαι ὡς οὐκ ἄξιός ἐστι τῆς δωρεᾶς, ἀλλὰ παρὰ τοὺς νόμους Ἀθηναῖος γέγονεν.
91. And there have been cases ere now when, after the people had bestowed the gift, deceived by the arguments of those who requested it, and an indictment for illegality had been preferred and brought into court, the result was that the person who had received the gift was proved to be unworthy of it, and the court took it back. To review the many cases in ancient times would be a long task; I will mention only those which you all remember: Peitholas the Thessalian, and Apollonides the Olynthian, after having been made citizens by the people, were deprived of the gift by the court.
91. καὶ ἤδη τισὶ τοῦ δήμου δόντος τὴν δωρεάν, λόγῳ ἐξαπατηθέντος ὑπὸ τῶν αἰτούντων, παρανόμων γραφῆς γενομένης καὶ εἰσελθούσης εἰς τὸ δικαστήριον, ἐξελεγχθῆναι συνέβη τὸν εἰληφότα τὴν δωρεὰν μὴ ἄξιον εἶναι αὐτῆς, καὶ ἀφείλετο τὸ δικαστήριον. καὶ τοὺς μὲν πολλοὺς καὶ παλαιοὺς ἔργον διηγήσασθαι· ἃ δὲ πάντες μνημονεύετε, Πειθόλαν τε τὸν Θετταλὸν καὶ Ἀπολλωνίδην τὸν Ὀλύνθιον πολίτας ὑπὸ τοῦ δήμου γενομένους ἀφείλετο τὸ δικαστήριον·
92. These are not events of long ago of which you might be ignorant. However, although the laws regarding citizenship and the steps that must be taken before one may become an Athenian are so admirably and so securely established, there is yet another law which has been enacted in addition to all these, and this law is of paramount validity; such great precautions have the people taken in the interest of themselves and of the gods, to the end that the sacrifices on the state’s behalf may be offered in conformity with religious usage. For in the case of all those whom the Athenian people may make citizens, the law expressly forbids that they should be eligible to the office of the nine archons or to hold any priesthood; but their descendants are allowed by the people to share in all civic rights, though the proviso is added: if they are born from an Athenian woman who was betrothed according to the law.
92. ταῦτα γὰρ οὐ πάλαι ἐστὶ γεγενημένα ὥστε ἀγνοεῖν ὑμᾶς. οὕτως τοίνυν καλῶς καὶ ἰσχυρῶς τῶν νόμων κειμένων ὑπὲρ τῆς πολιτείας, διʼ ὧν δεῖ Ἀθηναῖον γενέσθαι, ἕτερός ἐστιν ἐφʼ ἅπασι τούτοις κυριώτατος νόμος κείμενος· οὕτω πολλὴν ὁ δῆμος πρόνοιαν ἐποιεῖτο ὑπὲρ αὑτοῦ καὶ τῶν θεῶν ὥστε διʼ εὐσεβείας τὰ ἱερὰ θύεσθαι ὑπὲρ τῆς πόλεως. ὅσους γὰρ ἂν ποιήσηται ὁ δῆμος ὁ Ἀθηναίων πολίτας, ὁ νόμος ἀπαγορεύει διαρρήδην μὴ ἐξεῖναι αὐτοῖς τῶν ἐννέα ἀρχόντων γενέσθαι, μηδὲ ἱερωσύνης μηδεμιᾶς μετασχεῖν· τοῖς δʼ ἐκ τούτων μετέδωκεν ἤδη ὁ δῆμος ἁπάντων, καὶ προσέθηκεν ἐὰν ὦσιν ἐκ γυναικὸς ἀστῆς καὶ ἐγγυητῆς κατὰ τὸν νόμον.
93. That these statements of mine are true, I will prove to you by the clearest and most convincing testimony; but I wish first to go back to the origins of the law and to show how it came to be enacted and who those were whom its provisions covered as being men of worth who had shown themselves staunch friends to the people of Athens. For from all this you will know that the people’s gift which is reserved for benefactors is being dragged through the mire, and how great the privileges are which are being taken from your control by this fellow Stephanus and those who have married and begotten children in the manner followed by him.
93. καὶ ὅτι ταῦτʼ ἀληθῆ λέγω, μεγάλῃ καὶ περιφανεῖ μαρτυρίᾳ ἐγὼ ὑμῖν δηλώσω. βούλομαι δʼ ὑμῖν τὸν νόμον πόρρωθεν προδιηγήσασθαι, ὡς ἐτέθη καὶ πρὸς οὓς διωρίσθη, ὡς ἄνδρας ἀγαθοὺς ὄντας καὶ βεβαίους φίλους περὶ τὸν δῆμον γεγονότας. ἐκ τούτων γὰρ ἁπάντων εἴσεσθε τήν τε τοῦ δήμου δωρεὰν τὴν ἀπόθετον τοῖς εὐεργέταις προ- πηλακιζομένην, καὶ ὅσων ὑμᾶς ἀγαθῶν κωλύουσι κυρίους εἶναι Στέφανός τε οὑτοσὶ καὶ οἱ τὸν αὐτὸν τρόπον τούτῳ γεγαμηκότες καὶ παιδοποιούμενοι.
94. The Plataeans, men of Athens, alone among the Greeks came to your aid at Marathon when Datis, the general of King Dareius, on his return from Eretria after subjugating Euboea, landed on our coast with a large force and proceeded to ravage the country. And even to this day the picture in the Painted Stoa exhibits the memorial of their valor; for each man is portrayed hastening to your aid with all speed—they are the band wearing Boeotian caps.
94. Πλαταιῆς γάρ, ὦ ἄνδρες Ἀθηναῖοι, μόνοι τῶν Ἑλλήνων ὑμῖν ἐβοήθησαν Μαραθῶνάδε, ὅτε Δᾶτις ὁ βασιλέως Δαρείου στρατηγὸς ἀναχωρῶν ἐξ Ἐρετρίας Εὔβοιαν ὑφʼ ἑαυτῷ ποιησάμενος, ἀπέβη εἰς τὴν χώραν πολλῇ δυνάμει καὶ ἐπόρθει. καὶ ἔτι καὶ νῦν τῆς ἀνδραγαθίας αὐτῶν ὑπομνήματα ⟨ἡ⟩ ἐν τῇ ποικίλῃ στοᾷ γραφὴ δεδήλωκεν· ὡς ἕκαστος γὰρ τάχους εἶχεν, εὐθὺς προσβοηθῶν γέγραπται, οἱ τὰς κυνᾶς τὰς Βοιωτίας ἔχοντες.
95. And again, when Xerxes came against Greece and the Thebans went over to the side of the Medes, the Plataeans refused to withdraw from their alliance with us, but, unsupported by any others of the Boeotians, half of them arrayed themselves in Thermopylae against the advancing barbarian together with the Lacedaemonians and Leonidas, and perished with them; and the remainder embarked on your triremes, since they had no ships of their own, and fought along with you in the naval battles at Artemisium and at Salamis.
95. πάλιν δὲ Ξέρξου ἰόντος ἐπὶ τὴν Ἑλλάδα, Θηβαίων μηδισάντων, οὐκ ἐτόλμησαν ἀποστῆναι τῆς ὑμετέρας φιλίας, ἀλλὰ μόνοι τῶν ἄλλων Βοιωτῶν οἱ μὲν ἡμίσεις αὐτῶν μετὰ Λακεδαιμονίων καὶ Λεωνίδου ἐν Θερμοπύλαις παραταξάμενοι τῷ βαρβάρῳ ἐπιόντι συναπώλοντο, οἱ δὲ λοιποὶ ἐμβάντες εἰς τὰς ὑμετέρας τριήρεις, ἐπειδὴ αὐτοῖς οἰκεῖα σκάφη οὐχ ὑπῆρχεν, συνεναυμάχουν ὑμῖν ἐπί τε Ἀρτεμισίῳ καὶ ἐν Σαλαμῖνι, καὶ τὴν τελευταίαν μάχην Πλαταιᾶσι Μαρδονίῳ τῷ βασιλέως στρατηγῷ μεθʼ ὑμῶν καὶ τῶν συνελευθερούντων τὴν Ἑλλάδα μαχεσάμενοι, εἰς κοινὸν τὴν ἐλευθερίαν τοῖς ἄλλοις Ἕλλησι κατέθηκαν.
96. And they fought together with you and the others who were seeking to save the freedom of Greece in the final battle at Plataea against Mardonius, the King’s general, and deposited the liberty thus secured as a common prize for all the Greeks. And when Pausanias, the king of the Lacedaemonians, sought to put an insult upon you, and was not content that the Lacedaemonians had been honored by the Greeks with the supreme command, and when your city, which in reality had been the leader in securing liberty for the Greeks, forbore to strive with the Lacedaemonians as rivals for the honor through fear of arousing jealousy among the allies; Pausanias, the king of the Lacedaemonians, puffed up by this, inscribed a distich upon the tripod at Delphi, which the Greeks who had jointly fought in the battle at Plataea and in the sea-fight at Salamis had made in common from the spoils taken from the barbarians, and had set up in honor of Apollo as a memorial of their valor. The distich was as follows:Pausanias, supreme commander of the Greeks, when he had destroyed the host of the Medes,dedicated to Phoebus this memorial. He wrote thus, as if the achievement and the offering had been his own and not the common work of the allies;
96. ἐπεὶ δὲ Παυσανίας ὁ Λακεδαιμονίων βασιλεὺς ὑβρίζειν ἐνεχείρει ὑμᾶς, καὶ οὐκ ἠγάπα ὅτι τῆς ἡγεμονίας μόνοι ἠξιώθησαν Λακεδαιμόνιοι ὑπὸ τῶν Ἑλλήνων, καὶ ἡ πόλις τῇ μὲν ἀληθείᾳ ἡγεῖτο τῆς ἐλευθερίας τοῖς Ἕλλησιν, τῇ δὲ φιλοτιμίᾳ οὐκ ἠναντιοῦτο τοῖς Λακεδαιμονίοις, ἵνα μὴ φθονηθῶσιν ὑπὸ τῶν συμμάχων—ἐφʼ οἷς φυσηθεὶς Παυσανίας ὁ τῶν Λακεδαιμονίων βασιλεὺς ἐπέγραψεν ἐπὶ τὸν τρίποδα ⟨τὸν⟩ ἐν Δελφοῖς, ὃν οἱ Ἕλληνες οἱ συμμαχεσάμενοι τὴν Πλαταιᾶσι μάχην καὶ τὴν ἐν Σαλαμῖνι ναυμαχίαν ναυμαχήσαντες κοινῇ ποιησάμενοι ἀνέθηκαν ἀριστεῖον τῷ Ἀπόλλωνι ἀπὸ τῶν βαρβάρων,Ἑλλήνων ἀρχηγός, ἐπεὶ στρατὸν ὤλεσε Μήδων,Παυσανίας Φοίβῳ μνῆμʼ ἀνέθηκε τόδε,ὡς αὑτοῦ τοῦ ἔργου ὄντος καὶ τοῦ ἀναθήματος, ἀλλʼ οὐ κοινοῦ τῶν συμμάχων·
98. and the Greeks were incensed at this, and the Plataeans brought suit on behalf of the allies against the Lacedaemonians before the Amphictyons for one thousand talents, and compelled them to erase the distich and to inscribe the names of all the states which had had a part in the work. This act more than any other drew upon the Plataeans the hatred of the Lacedaemonians and their royal house. For the moment the Lacedaemonians had no means of dealing with them, but about fifty years later Archidamus, son of Zeuxidamus, king of the Lacedaemonians, undertook in time of peace to seize their city.
98. ὀργισθέντων δὲ τῶν Ἑλλήνων, οἱ Πλαταιεῖς λαγχάνουσι δίκην τοῖς Λακεδαιμονίοις εἰς τοὺς Ἀμφικτύονας χιλίων ταλάντων ὑπὲρ τῶν συμμάχων, καὶ ἠνάγκασαν αὐτοὺς ἐκκολάψαντας τὰ ἐλεγεῖα ἐπιγράψαι τὰς πόλεις τὰς κοινωνούσας τοῦ ἔργου. διʼ ὅπερ αὐτοῖς οὐχ ἥκιστα παρηκολούθει ἡ ἔχθρα ⟨ἡ⟩ παρὰ Λακεδαιμονίων καὶ ἐκ τοῦ γένους τοῦ βασιλείου. καὶ ἐν μὲν τῷ παρόντι οὐκ εἶχον αὐτοῖς ὅ τι χρήσωνται οἱ Λακεδαιμόνιοι, ὕστερον δὲ ὡς πεντήκοντα ἔτεσιν Ἀρχίδαμος ὁ Ζευξιδάμου Λακεδαιμονίων βασιλεὺς εἰρήνης οὔσης ἐνεχείρησεν αὐτῶν καταλαβεῖν τὴν πόλιν.
99. He did this from Thebes, through the agency of Eurymachus, the son of Leontiadas, the Boeotarch, and the gates were opened at night by Naucleides and some accomplices of his, who had been won over by bribes. The Plataeans, discovering that the Thebans had got within the gates in the night and that their city had been suddenly seized in time of peace, ran to bear aid and arrayed themselves for battle. When day dawned, and they saw that the Thebans were few in number, and that only their first ranks had entered—a heavy rain which had fallen in the night prevented them from all getting in; for the river Asopus was flowing full and was not easy to cross especially in the night;— so, when the Plataeans saw the Thebans in the city and learned that their whole body was not there, they made an attack, overwhelmed them in battle, and destroyed them before the rest arrived to bear them further aid; and they at once sent a messenger to you, telling of what had been done and of their victory in the battle, and to ask for your help in case the Thebans should ravage their country.
99. ἔπραξε δὲ ταῦτʼ ἐκ Θηβῶν διʼ Εὐρυμάχου τοῦ Λεοντιάδου βοιωταρχοῦντος, ἀνοιξάντων τὰς πύλας τῆς νυκτὸς Ναυκλείδου καὶ ἄλλων τινῶν μετʼ αὐτοῦ, πεισθέντων χρήμασιν. αἰσθόμενοι δʼ οἱ Πλαταιεῖς ἔνδον ὄντας τοὺς Θηβαίους τῆς νυκτὸς καὶ ἐξαπίνης [αὑτῶν] τὴν πόλιν ἐν εἰρήνῃ κατειλημμένην, προσεβοήθουν καὶ αὐτοὶ καὶ συνετάττοντο. καὶ ἐπειδὴ ἡμέρα ἐγένετο καὶ εἶδον οὐ πολλοὺς ὄντας τοὺς Θηβαίους, ἀλλὰ τοὺς πρώτους αὐτῶν εἰσεληλυθότας (ὕδωρ γὰρ γενόμενον τῆς νυκτὸς πολὺ ἐκώλυσεν αὐτοὺς πάντας εἰσελθεῖν· ὁ γὰρ Ἀσωπὸς ποταμὸς μέγας ἐρρύη καὶ διαβῆναι οὐ ῥᾴδιον ἦν, ἄλλως τε καὶ νυκτός), ὡς οὖν εἶδον οἱ Πλαταιεῖς τοὺς Θηβαίους ἐν τῇ πόλει καὶ ἔγνωσαν ὅτι οὐ πάντες πάρεισιν, ἐπιτίθενται καὶ εἰς μάχην ἐλθόντες κρατοῦσι καὶ φθάνουσιν ἀπολέσαντες αὐτοὺς πρὶν τοὺς ἄλλους προσβοηθῆσαι, καὶ ὡς ὑμᾶς πέμπουσιν εὐθὺς ἄγγελον τήν τε πρᾶξιν φράσοντα καὶ τὴν μάχην δηλώσοντα ὅτι νικῶσι, καὶ βοηθεῖν ἀξιοῦντες, ἂν οἱ Θηβαῖοι τὴν χώραν αὐτῶν δῃῶσιν.
100. The Athenians, when they heard what had taken place, hastened to the aid of the Plataeans; and the Thebans, seeing that the Athenians had come to the Plataeans’ aid, returned home.
100. ἀκούσαντες δὲ οἱ Ἀθηναῖοι τὰ γεγονότα διὰ τάχους ἐβοήθουν εἰς τὰς Πλαταιάς· καὶ οἱ Θηβαῖοι ὡς ἑώρων τοὺς Ἀθηναίους βεβοηθηκότας τοῖς Πλαταιεῦσιν, ἀνεχώρησαν ἐπʼ οἴκου.
101. So, when the Thebans had failed in their attempt and the Plataeans had put to death those of their number whom they had taken alive in the battle, the Lacedaemonians, without waiting now for any pretext, marched against Plataea. They ordered all the Peloponnesians with the exception of the Argives to send two-thirds of their armies from their several cities, and they sent word to all the rest of the Boeotians and the Locrians and Phocians and Malians and Oetaeans and Aenians to take the field with their entire forces.
101. ὡς οὖν ἀπέτυχον οἱ Θηβαῖοι τῆς πείρας καὶ οἱ Πλαταιεῖς τοὺς ἄνδρας οὓς ἔλαβον αὐτῶν ἐν τῇ μάχῃ ζῶντας, ἀπέκτειναν, ὀργισθέντες οἱ Λακεδαιμόνιοι ἀπροφασίστως ἤδη στρατεύουσιν ἐπὶ τὰς Πλαταιάς, Πελοποννησίοις μὲν ἅπασι πλὴν Ἀργείων τὰ δύο μέρη τῆς στρατιᾶς ἀπὸ τῶν πόλεων ἑκάστων πέμπειν ἐπιτάξαντες, Βοιωτοῖς δὲ τοῖς ἄλλοις ἅπασι καὶ Λοκροῖς καὶ Φωκεῦσι καὶ Μαλιεῦσι καὶ Οἰταίοις καὶ Αἰνιᾶσιν πανδημεὶ ἐπαγγείλαντες στρατεύειν.
102. Then they invested the walls of Plataea with a large force, and made overtures to the Plataeans on terms that, if they would surrender their city to the Lacedaemonians, they should retain their land and enjoy their property, but that they should break off their alliance with the Athenians. The Plataeans refused this offer and made answer that they would do nothing without the Athenians, whereupon the Lacedaemonians besieged them for two years, built a double wall about their city, and made repeated assaults of every conceivable sort.
102. καὶ περικαθεζόμενοι αὐτῶν τὸ τεῖχος πολλῇ δυνάμει ἐπηγγέλλοντο, εἰ βούλοιντο τὴν μὲν πόλιν αὑτοῖς παραδοῦναι, τὴν δὲ χώραν ἔχειν καὶ καρποῦσθαι τὰ αὑτῶν, ἀφίστασθαι [δὲ] τῆς Ἀθηναίων συμμαχίας. οὐκ ἐθελησάντων δὲ τῶν Πλαταιέων, ἀλλʼ ἀποκριναμένων ὅτι ἄνευ Ἀθηναίων οὐδὲν ἂν πράξειαν, ἐπολιόρκουν αὐτοὺς διπλῷ τείχει περιτειχίσαντες δύο ἔτη, πολλὰς καὶ παντοδαπὰς πείρας προσάγοντες.
103. When the Plataeans were quite worn out and were in want of everything, and despaired of safety, they divided themselves by lot into two groups; some of them remained and endured the siege, but the others, waiting for a night when there was rain and a heavy wind, climbed over the wall of circumvallation, unseen of the enemy, cut down the sentinels, and got safely to Athens, but in a desperate plight and beyond all expectation. As for those who remained behind, when the city was taken by storm, all who had reached manhood were killed and the women and children were made slaves—all, that is, save those who, when they saw the Lacedaemonians advancing, got secretly away to Athens.
103. ἐπεὶ δʼ ἀπειρήκεσαν οἱ Πλαταιεῖς καὶ ἐνδεεῖς ἦσαν ἁπάντων καὶ ἠποροῦντο τῆς σωτηρίας, διακληρωσάμενοι πρὸς σφᾶς αὐτοὺς οἱ μὲν ὑπομείναντες ἐπολιορκοῦντο, οἱ δὲ τηρήσαντες νύκτα καὶ ὕδωρ καὶ ἄνεμον πολύν, ἐξελθόντες ἐκ τῆς πόλεως καὶ ὑπερβάντες τὸ περιτείχισμα τῶν πολεμίων λαθόντες τὴν στρατιάν, ἀποσφάξαντες τοὺς φύλακας διασῴζονται δεῦρο, δεινῶς διακείμενοι καὶ ἀπροσδοκήτως· οἱ δʼ ὑπομείναντες αὐτῶν ἁλούσης τῆς πόλεως κατὰ κράτος ἀπεσφάγησαν πάντες οἱ ἡβῶντες, παῖδες δὲ καὶ γυναῖκες ἐξηνδραποδίσθησαν, ὅσοι μὴ αἰσθόμενοι ἐπιόντας τοὺς Λακεδαιμονίους ὑπεξῆλθον Ἀθήναζε.
104. Once more I would have you observe in what way you granted the right to share citizenship with you to men who had thus signally manifested their good will toward your people, and who sacrificed all their possessions and their children and their wives. The decrees which you passed will make the law plain to everybody, and you will know that I am speaking the truth. (To the clerk.) Take this decree, please, and read it to the jury. The Decree Regarding the Plataeans “On motion of Hippocrates it is decreed that the Plataeans shall be Athenians from this day, and shall have full rights as citizens, and that they shall share in all the privileges in which the Athenians share, both civil and religious, save any priesthood or religious office which belongs to a particular family, and that they shall not be eligible to the office of the nine archons but their descendants shall be. And the Plataeans shall be distributed among the demes and the tribes; and after they have been so distributed, it shall no longer be lawful for any Plataean to become an Athenian, unless he wins the gift from the people of Athens.”
104. τοῖς οὖν οὕτω φανερῶς ἐνδεδειγμένοις τὴν εὔνοιαν τῷ δήμῳ, καὶ προεμένοις ἅπαντα τὰ αὑτῶν καὶ παῖδας καὶ γυναῖκας, πάλιν σκοπεῖτε πῶς μετέδοτε τῆς πολιτείας. ἐκ γὰρ τῶν ψηφισμάτων τῶν ὑμετέρων καταφανὴς πᾶσιν ἔσται ὁ νόμος, καὶ γνώσεσθʼ ὅτι ἀληθῆ λέγω. καί μοι λαβὲ τὸ ψήφισμα τοῦτο καὶ ἀνάγνωθι αὐτοῖς. ΨΗΦΙΣΜΑ ΠΕΡΙ ΠΛΑΤΑΙΕΩΝ. Ἱπποκράτης εἶπεν, Πλαταιέας εἶναι Ἀθηναίους ἀπὸ τῆσδε τῆς ἡμέρας, ἐπιτίμους καθάπερ οἱ ἄλλοι Ἀθηναῖοι, καὶ μετεῖναι αὐτοῖς ὧνπερ Ἀθηναίοις μέτεστι πάντων, καὶ ἱερῶν καὶ ὁσίων, πλὴν εἴ τις ἱερωσύνη ἢ τελετή ἐστιν ἐκ γένους, μηδὲ τῶν ἐννέα ἀρχόντων, τοῖς δʼ ἐκ τούτων. κατανεῖμαι δὲ τοὺς Πλαταιέας εἰς τοὺς δήμους καὶ τὰς φυλάς. ἐπειδὰν δὲ νεμηθῶσι, μὴ ἐξέστω ἔτι Ἀθηναίῳ μηδενὶ γίγνεσθαι Πλαταιέων, μὴ εὑρομένῳ παρὰ τοῦ δήμου τοῦ Ἀθηναίων.
105. You see, men of Athens, how well and how justly the orator framed the decree in the interest of the people of Athens by requiring that the Plataeans, after receiving the gift, should first undergo the scrutiny in the court, man by man, in order to show whether each man was a Plataean and one of the friends of the city, so as to avoid the danger that many might use this pretext to acquire Athenian citizenship; and by requiring further that the names of those who had passed the scrutiny should be inscribed upon a pillar of marble and should be set up in the Acropolis near the temple of the goddess, to the end that the favor granted to them should be preserved for their descendants and that each one of these might be in a position to prove his relationship to one of those receiving the grant.
105. ὁρᾶτε, ὦ ἄνδρες Ἀθηναῖοι, ὡς καλῶς καὶ δικαίως ἔγραψεν ὁ ῥήτωρ ὑπὲρ τοῦ δήπου τοῦ Ἀθηναίων, καὶ ἠξίωσε τοὺς Πλαταιέας λαμβάνοντας τὴν δωρεὰν πρῶτον μὲν δοκιμασθῆναι ἐν τῷ δικαστηρίῳ κατʼ ἄνδρα ἕκαστον, εἰ ἔστιν Πλαταιεὺς καὶ εἰ τῶν φίλων τῶν τῆς πόλεως, ἵνα μὴ ἐπὶ ταύτῃ τῇ προφάσει πολλοὶ μεταλάβωσι τῆς πολιτείας· ἔπειτα τοὺς δοκιμασθέντας ἀναγραφῆναι ἐν στήλῃ λιθίνῃ, καὶ στῆσαι ἐν ἀκροπόλει παρὰ τῇ θεῷ, ἵνα σῴζηται ἡ δωρεὰ τοῖς ἐπιγιγνομένοις καὶ ᾖ ἐξελέγξαι ὅτου ἂν ἕκαστος ᾖ συγγενής.
106. And he does not suffer anyone to become an Athenian in the later period, unless he be made such at the time and be approved by the court, for fear that numbers of people, by claiming to be Plataeans, might acquire for themselves the right of citizenship. And furthermore, he defined at once in the decree the rule applying to the Plataeans in the interest of the city and of the gods, declaring that it should not be permitted to any of them to be drawn by lot for the office of the nine archons or for any priesthood, but that their descendants might be so drawn, if they were born from mothers who were of Attic birth and were betrothed according to the law.
106. καὶ ὕστερον οὐκ ἐᾷ γίγνεσθαι Ἀθηναῖον ἐξεῖναι, ὃς ἂν μὴ νῦν γένηται καὶ δοκιμασθῇ ἐν τῷ δικαστηρίῳ, τοῦ μὴ πολλοὺς φάσκοντας Πλαταιέας εἶναι κατασκευάζειν αὑτοῖς πολιτείαν. ἔπειτα καὶ τὸν νόμον διωρίσατο ἐν τῷ ψηφίσματι πρὸς αὐτοὺς εὐθέως ὑπέρ τε τῆς πόλεως καὶ τῶν θεῶν, [καὶ] μὴ ἐξεῖναι αὐτῶν μηδενὶ τῶν ἐννέα ἀρχόντων λαχεῖν μηδὲ ἱερωσύνης μηδεμιᾶς, τοῖς δʼ ἐκ τούτων, ἂν ὦσιν ἐξ ἀστῆς γυναικὸς καὶ ἐγγυητῆς κατὰ τὸν νόμον.
107. Is not this a monstrous thing? In the case of those who were neighbors and who had shown themselves of all the Greeks by common consent to have conferred the greatest benefits upon your state, you thus carefully and accurately defined regarding each one the terms on which they should receive the gift of citizenship; are you then thus shamefully and recklessly to let off unpunished a woman who has openly played the harlot throughout the whole of Greece, who treats the city with outrage and the gods with impiety, and who is a citizen neither by birth nor by the gift of the people?
107. οὔκουν δεινόν; πρὸς μὲν τοὺς ἀστυγείτονας καὶ ὁμολογουμένως ἀρίστους τῶν Ἑλλήνων εἰς τὴν πόλιν γεγενημένους οὕτω καλῶς καὶ ἀκριβῶς διωρίσασθε περὶ ἑκάστου, ἐφʼ οἷς δεῖ ἔχειν τὴν δωρεάν, τὴν δὲ περιφανῶς ἐν ἁπάσῃ τῇ Ἑλλάδι πεπορνευμένην οὕτως αἰσχρῶς καὶ ὀλιγώρως ἐάσετε ὑβρίζουσαν εἰς τὴν πόλιν καὶ ἀσεβοῦσαν εἰς τοὺς θεοὺς ἀτιμώρητον, ἣν οὔτε οἱ πρόγονοι ἀστὴν κατέλιπον οὔθʼ ὁ δῆμος πολῖτιν ἐποιήσατο;
108. Where has this woman not prostituted herself? To what place has she not gone in quest of her daily wage? Has she not been everywhere in the Peloponnesus, in Thessaly and in Magnesia in the company of Simus of Larisa and Eurydamas son of Medeius, in Chios and most of Ionia, following in the train of Sotadas the Cretan, and was she not let out for hire by Nicaretê so long as she belonged to her? What do you suppose a woman does who is subject to men who are not her kinsfolk, and who follows in the train of him who pays her? Does she not serve all the lusts of those who deal with her? Will you, then, declare by your vote that a woman of this stamp, who is known by everybody beyond all question to have plied her trade the whole world over, is an Athenian citizen?
108. ποῦ γὰρ αὕτη οὐκ εἴργασται τῷ σώματι, ἢ ποῖ οὐκ ἐλήλυθεν ἐπὶ τῷ καθʼ ἡμέραν μισθῷ; οὐκ ἐν Πελοποννήσῳ μὲν πάσῃ, ἐν Θετταλίᾳ δὲ καὶ Μαγνησίᾳ μετὰ Σίμου τοῦ Λαρισαίου καὶ Εὐρυδάμαντος τοῦ Μηδείου, ἐν Χίῳ δὲ καὶ ἐν Ἰωνίᾳ τῇ πλείστῃ μετὰ Σωτάδου τοῦ Κρητὸς ἀκολουθοῦσα, μισθωθεῖσα ὑπὸ τῆς Νικαρέτης, ὅτε ἔτι ἐκείνης ἦν; τὴν δὴ ὑφʼ ἑτέροις οὖσαν καὶ ἀκολουθοῦσαν τῷ διδόντι τί οἴεσθε ποιεῖν; ἆρʼ οὐχ ὑπηρετεῖν τοῖς χρωμένοις εἰς ἁπάσας ἡδονάς; εἶτα τὴν τοιαύτην καὶ περιφανῶς ἐγνωσμένην ὑπὸ πάντων γῆς περίοδον εἰργασμένην ψηφιεῖσθε ἀστὴν εἶναι;
109. What honorable deed will you say that you have done, when people ask you, or with what shame and impiety will you yourselves say that you are not chargeable? For up to the time when this woman was indicted and brought to trial, so that you all learned who she was and what acts of impiety she had committed, the crimes were her own, and the state was merely guilty of neglect; and some of you knew nothing of the matter, and others learning of it expressed their indignation in words but in fact had no means of dealing with her, seeing that nobody brought her to trial or gave an opportunity of casting a vote regarding her. But now that you all know the facts and have got her in your own hands, and have the power to punish her, the sin against the gods becomes your own, if you fail to do so.
109. καὶ τί καλὸν φήσετε πρὸς τοὺς ἐρωτῶντας διαπεπρᾶχθαι, ἢ ποίᾳ αἰσχύνῃ καὶ ἀσεβείᾳ οὐκ ἔνοχοι αὐτοὶ εἶναι; πρὶν μὲν γὰρ γραφῆναι ταύτην καὶ εἰς ἀγῶνα καταστῆναι καὶ πυθέσθαι πάντας ἥτις ἦν καὶ οἷα ἠσέβηκεν, τὰ μὲν ἀδικήματα ταύτης ἦν, ἡ δʼ ἀμέλεια τῆς πόλεως· καὶ οἱ μὲν οὐκ ᾔδεσαν ὑμῶν, οἱ δὲ πυθόμενοι τῷ μὲν λόγῳ ἠγανάκτουν, τῷ δʼ ἔργῳ οὐκ εἶχον ὅ τι χρήσαιντο αὐτῇ, οὐδενὸς εἰς ἀγῶνα καθιστάντος οὐδὲ διδόντος περὶ αὐτῆς τὴν ψῆφον. ἐπειδὴ δὲ καὶ ἴστε πάντες καὶ ἔχετε ἐφʼ ὑμῖν αὐτοῖς καὶ κύριοί ἐστε κολάσαι, ὑμέτερον ἤδη τὸ ἀσέβημα γίγνεται τὸ πρὸς τοὺς θεούς, ἐὰν μὴ ταύτην κολάσητε.
110. And when each one of you goes home, what will he find to say to his own wife or his daughter or his mother, if he has acquitted this woman?—when the question is asked you, “Where were you?” and you answer, “We sat as jury.” “Trying whom?” it will at once be asked, “Neaera,” you will say, of course, will you not? “because she, an alien woman, is living as wife with an Athenian contrary to law, and because she gave her daughter, who had lived as a harlot, in marriage to Theogenes, the king, and this daughter performed on the city’s behalf the rites that none may name, and was given as wife to Dionysus.” And you will narrate all the other details of the charge, showing how well and accurately and in a manner not easily forgotten the accusation covered each point.
110. τί δὲ καὶ φήσειεν ἂν ὑμῶν ἕκαστος εἰσιὼν πρὸς τὴν ἑαυτοῦ γυναῖκʼ ἢ θυγατέρα ἢ μητέρα, ἀποψηφισάμενος ταύτης, ἐπειδὰν ἔρηται ὑμᾶς ποῦ ἦτε; καὶ εἴπητε ὅτι ἐδικάζομεν; τῷ; ἐρήσεται εὐθύς. Νεαίρᾳ δῆλον ὅτι φήσετε (οὐ γάρ;) ὅτι ξένη οὖσα ἀστῷ συνοικεῖ παρὰ τὸν νόμον, καὶ ὅτι τὴν θυγατέρα μεμοιχευμένην ἐξέδωκεν Θεογένει τῷ βασιλεύσαντι, καὶ αὕτη ἔθυσε τὰ ἱερὰ τὰ ἄρρητα ὑπὲρ τῆς πόλεως καὶ τῷ Διονύσῳ γυνὴ ἐδόθη, καὶ τἄλλα διηγούμενοι τὴν κατηγορίαν αὐτῆς, ὡς καὶ μνημονικῶς καὶ ἐπιμελῶς περὶ ἑκάστου κατηγορήθη.
111. And the women, when they have heard, will say, “Well, what did you do?” And you will say, “We acquitted her.” At this point the most virtuous of the women will be angry at you for having deemed it right that this woman should share in like manner with themselves in the public ceremonials and religious rites; and to those who are not women of discretion you point out clearly that they may do as they please, for they have nothing to fear from you or the laws. For if you treat the matter with indifference or toleration, you will yourselves seem to approve of this woman’s conduct.
111. αἱ δὲ ἀκούσασαι ἐρήσονται τί οὖν ἐποιήσατε; ὑμεῖς δὲ φήσετε ἀπεψηφίσμεθα. οὐκοῦν ἤδη αἱ μὲν σωφρονέσταται τῶν γυναικῶν ὀργισθήσονται ὑμῖν, διότι ὁμοίως αὐταῖς ταύτην κατηξιοῦτε μετέχειν τῶν τῆς πόλεως καὶ τῶν ἱερῶν· ὅσαι δʼ ἀνόητοι, φανερῶς ἐπιδείκνυτε ποιεῖν ὅ τι ἂν βούλωνται, ὡς ἄδειαν ὑμῶν καὶ τῶν νόμων δεδωκότων· δόξετε γὰρ ὀλιγώρως καὶ ῥᾳθύμως φέροντες ὁμογνώμονες καὶ αὐτοὶ εἶναι τοῖς ταύτης τρόποις.
112. It would be far better, therefore, that this trial should never have taken place than that, when it has taken place, you should vote for acquittal; for in that case prostitutes will indeed have liberty to live with whatever men they choose and to name anyone whatever as the father of their children, and your laws will become of no effect, and women of the character of the courtesan will be able to bring to pass whatever they please. Take thought, therefore, also for the women who are citizens, that the daughters of poor men may not fail of marriage.
112. ὥστε πολὺ μᾶλλον ἐλυσιτέλει μὴ γενέσθαι τὸν ἀγῶνα τουτονὶ ἢ γενομένου ἀποψηφίσασθαι ὑμᾶς. κομιδῇ γὰρ ἤδη [παντελῶς] ἐξουσία ἔσται ταῖς πόρναις συνοικεῖν οἷς ἂν βούλωνται, καὶ τοὺς παῖδας φάσκειν οὗ ἂν τύχωσιν εἶναι· καὶ οἱ μὲν νόμοι ἄκυροι ὑμῖν ἔσονται, οἱ δὲ τρόποι τῶν ἑταιρῶν κύριοι ὅ τι ἂν βούλωνται διαπράττεσθαι. ὥστε καὶ ὑπὲρ τῶν πολιτίδων σκοπεῖτε, τοῦ μὴ ἀνεκδότους γενέσθαι τὰς τῶν πενήτων θυγατέρας.
113. For as things are now, even if a girl be poor, the law provides for her an adequate dowry, if nature has endowed her with even moderate comeliness; but if through the acquittal of this woman you drag the law through the mire and make it of no effect, then the trade of the harlot will absolutely make its way to the daughters of citizens, who through poverty are unable to marry, and the dignity of free-born women will descend to the courtesans, if they be given licence to bear children to whomsoever they please, and still to share in all the rites and ceremonies and honors in the state.
113. νῦν μὲν γάρ, κἂν ἀπορηθῇ τις, ἱκανὴν προῖκʼ αὐτῇ ὁ νόμος συμβάλλεται, ἂν καὶ ὁπωστιοῦν μετρίαν ἡ φύσις ὄψιν ἀποδῷ· προπηλακισθέντος δὲ τοῦ νόμου ὑφʼ ὑμῶν ἀποφυγούσης ταύτης, καὶ ἀκύρου γενομένου, παντελῶς ἤδη ἡ μὲν τῶν πορνῶν ἐργασία ἥξει εἰς τὰς τῶν πολιτῶν θυγατέρας, διʼ ἀπορίαν ὅσαι ἂν μὴ δύνωνται ἐκδοθῆναι, τὸ δὲ τῶν ἐλευθέρων γυναικῶν ἀξίωμα εἰς τὰς ἑταίρας, ἂν ἄδειαν λάβωσι τοῦ ἐξεῖναι αὐταῖς παιδοποιεῖσθαι ὡς ἂν βούλωνται καὶ τελετῶν καὶ ἱερῶν καὶ τιμῶν μετέχειν τῶν ἐν τῇ πόλει.
114. I would, then, have each one of you consider that he is casting his vote, one in the interest of his wife, one of his daughter, one of his mother, and one in the interest of the state and the laws and of religion, in order that these women may not be shown to be held in like esteem with the harlot, and that women who have been brought up by their relatives with great care and in the grace of modesty and have been given in marriage according to the laws may not be seen to be sharing on an equal footing with a creature who in many and obscene ways has bestowed her favors many times a day on all comers, as each one happened to desire.
114. ὥστε εἷς ἕκαστος ὑμῶν νομιζέτω, ὁ μὲν ὑπὲρ γυναικός, ὁ δʼ ὑπὲρ θυγατρός, ὁ δʼ ὑπὲρ μητρός, ὁ δʼ ὑπὲρ τῆς πόλεως καὶ τῶν νόμων καὶ τῶν ἱερῶν τὴν ψῆφον φέρειν, τοῦ μὴ ἐξ ἴσου φανῆναι ἐκείνας τιμωμένας ταύτῃ τῇ πόρνῃ, μηδὲ τὰς μετὰ πολλῆς καὶ καλῆς σωφροσύνης καὶ ἐπιμελείας τραφείσας ὑπὸ τῶν προσηκόντων καὶ ἐκδοθείσας κατὰ τοὺς νόμους, ταύτας ἐν τῷ ἴσῳ φαίνεσθαι μετεχούσας τῇ μετὰ πολλῶν καὶ ἀσελγῶν τρόπων πολλάκις πολλοῖς ἑκάστης ἡμέρας συγγεγενημένῃ, ὡς ἕκαστος ἐβούλετο.
115. Forget that I, the speaker, am Apollodorus, and that those who will support and plead for the defendant are citizens of Athens; but consider that the laws and Neaera here are contending in a suit regarding the life which she has led. And when you take up the accusation, listen to the laws themselves, which are the foundation of your civic life, and in accordance with which you have sworn to cast your votes, in order that you may hear what they ordain and in what way the defendants have transgressed them; and when you are concerned with the defense, bear in mind the charges which the laws prefer and the proofs offered by the testimony given; and with a glance at the woman’s appearance, consider this and this only—whether she, being Neaera, has done these things.
115. ἡγεῖσθε δὲ μήτʼ ἐμὲ τὸν λέγοντα εἶναι Ἀπολλόδωρον μήτε τοὺς ἀπολογησομένους καὶ συνεροῦντας πολίτας, ἀλλὰ τοὺς νόμους καὶ Νέαιραν ταυτηνὶ περὶ τῶν πεπραγμένων αὐτῇ πρὸς ἀλλήλους δικάζεσθαι. καὶ ὅταν μὲν ἐπὶ τῆς κατηγορίας γένησθε, τῶν νόμων αὐτῶν ἀκούετε, διʼ ὧν οἰκεῖται ἡ πόλις καὶ καθʼ οὓς ὀμωμόκατε δικάσειν, τί κελεύουσι καὶ τί παραβεβήκασιν· ὅταν δὲ ἐπὶ τῆς ἀπολογίας ἦτε, μνημονεύοντες τὴν τῶν νόμων κατηγορίαν καὶ τὸν ἔλεγχον τὸν τῶν εἰρημένων, τήν τε ὄψιν αὐτῆς ἰδόντες, ἐνθυμεῖσθε τοῦτο μόνον, εἰ Νέαιρα οὖσα ταῦτα διαπέπρακται.
116. It is worth your while, men of Athens, to consider this also—that you punished Archias, who had been hierophant, when he was convicted in court of impiety and of offering sacrifice contrary to the rites handed down by our fathers. Among the charges brought against him was, that at the feast of the harvest he sacrificed on the altar in the court at Eleusis a victim brought by the courtesan Sinop, although it was not lawful to offer victims on that day, and the sacrifice was not his to perform, but the priestess’.
116. ἄξιον δὲ κἀκεῖνο ἐνθυμηθῆναι, ὦ ἄνδρες Ἀθηναῖοι, ὅτι Ἀρχίαν τὸν ἱεροφάντην γενόμενον, ἐξελεγχθέντα ἐν τῷ δικαστηρίῳ ἀσεβεῖν θύοντα παρὰ τὰ πάτρια τὰς θυσίας, ἐκολάσατε ὑμεῖς, καὶ ἄλλα τε κατηγορήθη αὐτοῦ καὶ ὅτι Σινώπῃ τῇ ἑταίρᾳ Ἁλῴοις ἐπὶ τῆς ἐσχάρας τῆς ἐν τῇ αὐλῇ Ἐλευσῖνι προσαγούσῃ ἱερεῖον θύσειεν, οὐ νομίμου ὄντος ἐν ταύτῃ τῇ ἡμέρᾳ ἱερεῖα θύειν, οὐδʼ ἐκείνου οὔσης τῆς θυσίας ἀλλὰ τῆς ἱερείας.
117. It is, then, a monstrous thing that a man who was of the race of the Eumolpidae, born of honorable ancestors and a citizen of Athens, should be punished for having transgressed one of your established customs; and the pleadings of his relatives and friends did not save him, nor the public services which he and his ancestors had rendered to the city; no, nor yet his office of hierophant; but you punished him, because he was judged to be guilty;—and this Neaera, who has committed acts of sacrilege against this same god, and has transgressed the laws, shall you not punish her—her and her daughter?
117. οὔκουν δεινὸν τὸν μὲν καὶ ἐκ γένους ὄντα τοῦ Εὐμολπιδῶν καὶ προγόνων καλῶν κἀγαθῶν καὶ πολίτην τῆς πόλεως, ὅτι ἐδόκει τι παραβῆναι τῶν νομίμων, δοῦναι δίκην (καὶ οὔθʼ ἡ τῶν συγγενῶν οὔθʼ ἡ τῶν φίλων ἐξαίτησις ὠφέλησεν αὐτόν, οὔθʼ αἱ λῃτουργίαι ἃς ἐλῃτούργησε τῇ πόλει αὐτὸς καὶ οἱ πρόγονοι αὐτοῦ, οὔτε τὸ ἱεροφάντην εἶναι, ἀλλʼ ἐκολάσατε δόξαντα ἀδικεῖν)· Νέαιραν δὲ ταυτηνὶ εἴς τε τὸν αὐτὸν θεὸν τοῦτον ἠσεβηκυῖαν καὶ τοὺς νόμους, καὶ αὐτὴν καὶ τὴν θυγατέρα αὐτῆς, οὐ τιμωρήσεσθε;
118. I for my part wonder what in the world they will say to you in their defense. Will it be that this woman Neaera is of Athenian birth, and that she lives as his wife with Stephanus in accordance with the laws? But testimony has been offered, showing that she is a courtesan, and has been the slave of Nicaretê. Or will they claim that she is not his wife, but that he keeps her in his house as a concubine? Yet the woman’s sons, by having been introduced to the clansmen by Stephanus, and her daughter, by having been given in marriage to an Athenian husband, prove beyond question that he keeps her as his wife.
118. θαυμάζω δʼ ἔγωγε τί ποτε καὶ ἐροῦσι πρὸς ὑμᾶς ἐν τῇ ἀπολογίᾳ. πότερον ὡς ἀστή ἐστιν Νέαιρα αὑτηὶ καὶ κατὰ τοὺς νόμους συνοικεῖ αὐτῷ; ἀλλὰ μεμαρτύρηται ἑταίρα οὖσα καὶ δούλη Νικαρέτης γεγενημένη. ἀλλʼ οὐ γυναῖκα εἶναι αὐτοῦ, ἀλλὰ παλλακὴν ἔχειν ἔνδον; ἀλλʼ οἱ παῖδες ταύτης ὄντες καὶ εἰσηγμένοι εἰς τοὺς φράτερας ὑπὸ Στεφάνου καὶ ἡ θυγάτηρ ἀνδρὶ Ἀθηναίῳ ἐκδοθεῖσα περιφανῶς αὐτὴν ἀποφαίνουσι γυναῖκα ἔχοντα.
119. I think, therefore, that neither Stephanus himself nor anyone on his behalf will succeed in proving that the charges and the testimony are false—that, in short, this Neaera is an Athenian woman. But I hear that he is going to set up some such defense as this—that he is keeping her, not as a wife, but as a mistress, and that the children are not hers, but were born to him by another woman, an Athenian and a relative of his, whom he will assert that he married at a earlier date.
119. ὡς μὲν τοίνυν οὐκ ἀληθῆ ἐστιν τὰ κατηγορημένα καὶ μεμαρτυρημένα, οὔτʼ αὐτὸν Στέφανον οὔτʼ ἄλλον ὑπὲρ τούτου οἶμαι ἐπιδείξειν, ὡς ἔστιν ἀστὴ Νέαιρα αὑτηί· ἀκούω δὲ αὐτὸν τοιοῦτόν τι μέλλειν ἀπολογεῖσθαι, ὡς οὐ γυναῖκα ἔχει αὐτὴν ἀλλʼ ἑταίραν, καὶ οἱ παῖδες οὐκ εἰσὶν ταύτης ἀλλʼ ἐξ ἑτέρας γυναικὸς αὐτῷ ἀστῆς, ἣν φήσει πρότερον γῆμαι συγγενῆ αὑτοῦ.
120. To meet the impudence of this assertion of his, of the defense which he has concocted, and of the witnesses whom he has suborned to support it, I tendered him a precise and reasonable challenge, by means of which you would have been enabled to know the whole truth: I proposed that he should deliver up for the torture the women-servants, Thratta and Coccalinê, who remained loyally with Neaera when she came to Stephanus from Megara, and those whom she purchased subsequently, while living with him, Xennis and Drosis;
120. πρὸς δὴ τὴν ἀναίδειαν αὐτοῦ τοῦ λόγου καὶ τὴν παρασκευὴν τῆς ἀπολογίας καὶ τῶν μαρτυρεῖν αὐτῷ παρεσκευασμένων πρόκλησιν αὐτὸν προὐκαλεσάμην ἀκριβῆ καὶ δικαίαν, διʼ ἧς ἐξῆν ὑμῖν πάντα τἀληθῆ εἰδέναι, παραδοῦναι τὰς θεραπαίνας τὰς Νεαίρᾳ τότε προσκαρτερούσας ὅτʼ ἦλθεν ὡς Στέφανον ἐκ Μεγάρων, Θρᾷτταν καὶ Κοκκαλίνην, καὶ ἃς ὕστερον παρὰ τούτῳ οὖσα ἐκτήσατο, Ξεννίδα καὶ Δροσίδα·
121. 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.
121. αἳ ἴσασιν ἀκριβῶς Πρόξενόν τε τὸν τελευτήσαντα καὶ Ἀρίστωνα τὸν νῦν ὄντα καὶ Ἀντιδωρίδην τὸν σταδιοδρομοῦντα καὶ Φανὼ τὴν Στρυβήλην καλουμένην, ἣ Θεογένει τῷ βασιλεύσαντι συνῴκησεν, Νεαίρας ὄντας. καὶ ἐὰν φαίνηται ἐκ τῆς βασάνου γήμας Στέφανος οὑτοσὶ ἀστὴν γυναῖκα καὶ ὄντες αὐτῷ οἱ παῖδες οὗτοι ἐξ ἑτέρας γυναικὸς ἀστῆς καὶ μὴ Νεαίρας, ἤθελον ἀφίστασθαι τοῦ ἀγῶνος καὶ μὴ εἰσιέναι τὴν γραφὴν ταύτην.
122. 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.
122. τὸ γὰρ συνοικεῖν τοῦτʼ ἔστιν, ὃς ἂν παιδοποιῆται καὶ εἰσάγῃ εἴς τε τοὺς φράτερας καὶ δημότας τοὺς υἱεῖς, καὶ τὰς θυγατέρας ἐκδιδῷ ὡς αὑτοῦ οὔσας τοῖς ἀνδράσιν. τὰς μὲν γὰρ ἑταίρας ἡδονῆς ἕνεκʼ ἔχομεν, τὰς δὲ παλλακὰς τῆς καθʼ ἡμέραν θεραπείας τοῦ σώματος, τὰς δὲ γυναῖκας τοῦ παιδοποιεῖσθαι γνησίως καὶ τῶν ἔνδον φύλακα πιστὴν ἔχειν. ὥστʼ εἰ πρότερον ἔγημεν γυναῖκα ἀστὴν καὶ εἰσὶν οὗτοι οἱ παῖδες ἐξ ἐκείνης καὶ μὴ Νεαίρας, ἐξῆν αὐτῷ ἐκ τῆς ἀκριβεστάτης μαρτυρίας ἐπιδεῖξαι, παραδόντι τὰς θεραπαίνας ταύτας.
123. 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.”
123. ὡς δὲ προὐκαλεσάμην, τούτων ὑμῖν τήν τε μαρτυρίαν καὶ τὴν πρόκλησιν ἀναγνώσεται. λέγε τὴν μαρτυρίαν, ἔπειτα τὴν πρόκλησιν. ΜΑΡΤΥΡΙΑ. Ἱπποκράτης Ἱπποκράτους Προβαλίσιος, Δημοσθένης Δημοσθένους Παιανιεύς, Διοφάνης Διοφάνους Ἀλωπεκῆθεν, Δεινομένης Ἀρχελάου Κυδαθηναιεύς, Δεινίας Φόρμου Κυδαντίδης, Λυσίμαχος Λυσίππου Αἰγιλιεὺς μαρτυροῦσι παρεῖναι ἐν ἀγορᾷ ὅτʼ Ἀπολλόδωρος προὐκαλεῖτο Στέφανον, ἀξιῶν παραδοῦναι εἰς βάσανον τὰς θεραπαίνας περὶ ὧν ᾐτιᾶτο Ἀπολλόδωρος Στέφανον περὶ Νεαίρας· στέφανον δʼ οὐκ ἐθελῆσαι παραδοῦναι τὰς θεραπαίνας· τὴν δὲ πρόκλησιν εἶναι ἣν παρέχεται Ἀπολλόδωρος.
124. (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.”
124. λέγε δὴ αὐτὴν τὴν πρόκλησιν, ἣν προὐκαλούμην ἐγὼ Στέφανον τουτονί. ΠΡΟΚΛΗΣΙΣ. τάδε προὐκαλεῖτο Ἀπολλόδωρος Στέφανον περὶ ὧν τὴν γραφὴν γέγραπται Νέαιραν, ξένην οὖσαν ἀστῷ συνοικεῖν, ἕτοιμος ὢν τὰς θεραπαίνας παραλαμβάνειν τὰς Νεαίρας, ἃς ἐκ Μεγάρων ἔχουσα ἦλθεν, Θρᾷτταν καὶ Κοκκαλίνην, καὶ ἃς ὕστερον παρὰ Στεφάνῳ ἐκτήσατο, Ξεννίδα καὶ Δροσίδα, τὰς εἰδυίας ἀκριβῶς περὶ τῶν παίδων τῶν ὄντων Νεαίρᾳ, ὅτι ⟨οὐκ⟩ ἐκ Στεφάνου εἰσίν, Πρόξενός τε ὁ τελευτήσας καὶ Ἀρίστων ὁ νῦν ὢν καὶ Ἀντιδωρίδης ὁ σταδιοδρομῶν καὶ Φανώ, ἐφʼ ᾧ τε βασανίσαι αὐτάς. καὶ εἰ μὲν ὁμολογοῖεν [ἐκ Στεφάνου] εἶναι [καὶ] Νεαίρας τούτους τοὺς παῖδας, πεπρᾶσθαι Νέαιραν κατὰ τοὺς νόμους καὶ τοὺς παῖδας ξένους εἶναι· εἰ δὲ μὴ ὁμολογοῖεν ἐκ ταύτης εἶναι αὐτοὺς ἀλλʼ ἐξ ἑτέρας γυναικὸς ἀστῆς, ἀφίστασθαι τοῦ ἀγῶνος ἤθελον τοῦ Νεαίρας, καὶ εἴ τι ἐκ τῶν βασάνων βλαφθείησαν αἱ ἄνθρωποι, ἀποτίνειν ὅ τι βλαβείησαν.
125. 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?
125. ταῦτα προκαλεσαμένου ἐμοῦ, ἄνδρες δικασταί, Στέφανον τουτονί, οὐκ ἠθέλησεν δέξασθαι. οὔκουν ἤδη δοκεῖ ὑμῖν δεδικάσθαι ὑπʼ αὐτοῦ Στεφάνου τουτουί, ὦ ἄνδρες δικασταί, ὅτι ἔνοχός ἐστι τῇ γραφῇ Νέαιρα ἣν ἐγὼ αὐτὴν ἐγραψάμην, καὶ ὅτι ἐγὼ μὲν ἀληθῆ εἴρηκα πρὸς ὑμᾶς καὶ τὰς μαρτυρίας παρεσχόμην ἀληθεῖς, οὑτοσὶ δʼ ὅ τι ἂν λέγῃ πάντα ψεύσεται, καὶ ἐξελέγξει αὐτὸς αὑτὸν ὅτι οὐδὲν ὑγιὲς λέγει, οὐκ ἐθελήσας παραδοῦναι εἰς βασάνους τὰς θεραπαίνας ἃς ἐγὼ ἐξῄτουν αὐτόν;
126. I therefore, men of the jury, as an avenger of the gods against whom these people have committed sacrilege, and as an avenger of myself, have brought them to trial and submitted them to be judged by you. It is now your duty to render the verdict which justice demands, knowing well that the gods, against whom these people have acted lawlessly, will not be unaware of the vote each one of you shall cast. It is your duty to be avengers in the first place of the gods, but also of your own selves. If you do this, you will be held by all men to have given an honorable and just decision on this indictment which I have preferred against Neaera, charging that she, being an alien, lives as his wife with an Athenian citizen.
126. ἐγὼ μὲν οὖν, ὦ ἄνδρες δικασταί, καὶ τοῖς θεοῖς, εἰς οὓς οὗτοι ἠσεβήκασιν, καὶ ἐμαυτῷ τιμωρῶν, κατέστησά τε τουτουσὶ εἰς ἀγῶνα καὶ ὑπὸ τὴν ὑμετέραν ψῆφον ἤγαγον. καὶ ὑμᾶς δὲ χρὴ νομίσαντας μὴ λήσειν τοὺς θεούς, εἰς οὓς οὗτοι παρανενομήκασιν, ὅ τι ἂν ἕκαστος ὑμῶν ψηφίσηται, ψηφίσασθαι τὰ δίκαια καὶ τιμωρεῖν μάλιστα μὲν τοῖς θεοῖς, ἔπειτα δὲ καὶ ὑμῖν αὐτοῖς. καὶ ταῦτα ποιήσαντες δόξετε πᾶσι καλῶς καὶ δικαίως δικάσαι ταύτην τὴν γραφήν, ἣν Νέαιραν ἐγὼ ἐγραψάμην, ξένην οὖσαν ἀστῷ συνοικεῖν.