NEAIRA1
NEAIRA1
NEAIRA1
Although
Theomnestos is technically the one bringing the suit against Neaira, the bulk of the speech
is delivered by Apollodoros.
γράψασθαι: that is, to bring a legal charge called a γραφή. There were two main types of
suits in classical Athenian courts: δίκαι (private suits, which could be brought only by the
injured party) and γραφαί (public suits, which could be brought by anyone, for crimes
thought to injure the community as a whole).
τὴν γραφὴν ταυτηνί: object of γράψασθαι, the cognate or internal accusative (G. 536,
S. 1563 ff.). In the Attic dialect the demonstrative οὗτος can be strengthened by the suffix -
ι: οὑτοσί, αὑτηί, τουτί, “this man here, this woman here.” This so-called deictic iota (G. 210,
S. 333.g) appears frequently in this speech.
καὶ γάρ: when γάρ follows καί, translate it as “indeed,” rather than “for.”
ὅ τε κηδεστής: Apollodoros, the prime mover of the suit. Apollodoros is both brother-in-law
and father-in-law to Theomnestos, since he is married to Theomnestos’ sister, and
Theomenestos is married to Apollodoros’ daughter. See Introduction and Stemma.
ἀτιμίας: literally, ἀ-τιμία means “lack of honor,” but here it has its technical sense
of “disenfranchisement.” The reasons for this potential ἀτιμία are explained further in §5-8.
ψηφισάμενου < ψηφίζομαι: literally, “to cast a pebble [ψῆφος]”; here, as often, it refers to a
vote to pass a decree. Part of a genitive absolute, governing indirect statement.
Ἀθηναῖον: take as the predicate.
Πασίωνα καὶ ἐκγόνους τοὺς ἐκείνου: take as the accusative subjects of the indirect
statement. Pasion was a slave whose masters were bankers; he was manumitted by his
masters for his good service, and eventually granted his citizenship for generous donations
of shields and triremes to the state.
ἀδελφιδῆν: it was not uncommon in Greece for uncles to marry nieces (nor, for that matter,
for first cousins to marry).
λαγχάνει: citizens were selected by lot for the Boule (the council of Athens), 50 from each
of the city’s 10 tribes. The term of office was one year.
δοκιμασθείς < δοκιμάζω: the δοκιμασία was an examination for office-holding, conducted
by the Boule, to ascertain whether a candidate was fit to serve.
τὸν νόμιμον ὅρκον: after passing the δοκιμασία, the successful candidate was required to
swear an oath, the content of which changed over time. Excavation has revealed the
underpinning of the stone identified as the Oath stone (lithos) of the Athenians, on the
steps of the Royal Stoa.
καιροῦ…καὶ πολέμου: this crisis refers to two events of 349/8 BCE: when Olynthos turned
to Athens for help against King Philip II of Macedon, and when Ploutarchos, tyrant
of Eretria in Euboia, asked for assistance against rebels trying to overthrow him. [map]
ἦν ἢ κρατήσασιν ὑμῖν: “it was possible for you, if you won....” ἦν < ἐστί, used impersonally
(LSJ εἰμί VI). κρατήσασιν is a participle used conditionally. ἤ indicates that this is one
alternative, and finds its correlate ἤ a couple of lines down.
προβούλευμα: a proposal put forward by the Boule to the Ekklesia (Assembly); in this
case it is an “open” προβούλευμα, meaning that it does not recommend a particular course
of action.
τὰ περιόντα χρήματα τῆς διοικήσεως: “the leftover money from the financial
administration,” i.e., the budgetary surplus. περιόντα < περίειμι
στρατιωτικοῖς: note the predicate position of this word; thus, “as stratiotic”
ἄν = ἐάν
ὦφλε < ὀφλισκάνω, “had been a debtor to” + dat. The subject is Apollodoros.
ἐκ πέντε καὶ εἴκοσιν ἐτῶν: “for 25 years.” ἐκ used of time means “from [that time],” i.e.,
“for [X amount of time]” (see LSJ A.II).
εἷλε τὸ ψήφισμα: “won a verdict against the decree” of Apollodoros. εἷλε < αἱρέω =
“convict” (LSJ II.4.b).
τιμήματος: “fine, penalty.” For certain crimes, the jurors determined the penalty after
hearing alternative proposals presented by the two sides; for other crimes, the penalty was
fixed.
πεντεκαίδεκα ταλάντων ἐτιμᾶτο: τιμάω (in the middle) as an Athenian legal term means
“estimate the penalty”; ταλάντων is a genitive of price or value (G. 513, S. 1336). Fifteen
talents is a very steep penalty; for reference, 6 obols = 1 drachma (the approximate amount
earned per day by an unskilled laborer); 100 drachmas = 1 mna; 60 mnae = 1 talent.
ἀτιμώσειεν < ἀτιμόω. The penalty for conviction in a γραφὴ παρανόμων was generally a
fine, but if one was unable to pay the fine, one could potentially be rendered ἄτιμος
(disenfranchised), at least until the fine was paid off. If one died before paying off the debt,
both the debt and the ἀτιμία were inherited by one’s heirs.
αὐτόν: Apollodoros
7
οὐδε…πάνυ: “not quite”
ἐπὶ τῆς ἐνάτης πρυτανείας: “by the ninth prytany”; each tribe of Athens was in charge of
the Boule for 1/10 of the year; this period of presidency was called a prytany.
ἐγγραφήσεσθαι < ἐγγράφω, “to inscribe [on the list of state debtors]”
ἀπογραφήσεσθαι < ἀπογράφω, “register, enter into a list,” here with its technical sense of
giving a list of property belonging to the state but held by a private individual. Anyone who
wished could denounce a state debtor, providing an inventory (ἀπογραφή) of the latter’s
property. The state could then confiscate the property and sell it off at auction; the
denouncer received part of the sale price, the state the rest, which went toward paying off
the debt.
Apollodoros suffered a large but not unpayable fine. Then Stephanos fabricated a charge of
murder against Apollodoros, of which he was duly acquitted.
ἄπροικον: girls were generally given in marriage with a dowry (προίξ), which their husband
would manage (and the interest from which would support her). It wasn’t impossible to
marry without a dowry, but it was uncommon.
ἀναρπασθέντα: “utterly ruined” by being held responsible for a fine he couldn’t possibly
afford, < ἀναρπάζω, “carry off, snatch away,” used figuratively.
ἐτίμησαν ταλάντου: that is, the jurors accepted Apollodoros’ counter-proposal of a one
talent fine.
τὸν αὐτὸν ἔρανον...ἀποδοῦναι: “to return the same favor,” i.e., pay him back in the same
way, by taking him to court. ἔρανος is literally a friendly loan, often without interest and
therefore given as a kind of favor, here used ironically.
αἰτίαν: “accusation”
Ἀφίδναζε: Aphidna is a town in northeast Attica. The suffix –ζε indicates direction toward.
ἐπὶ δραπέτην αὑτοῦ ζητῶν: “in search of a runaway slave of his (Apollodoros’).” Dilts, in
his OCT (2009), marks ζητῶν as spurious, following Dobree, in which case the meaning is
“because of a runaway slave of his” (see LSJ ἐπί C.III.1).
ἄνθρωπος: it is unclear what the status of this woman was, since ἄνθρωπος in the
feminine is often used pejoratively to refer to slaves (see §46). Because the Palladion is
mentioned below, she was probably a slave, in which case Stephanos may have
represented himself as her master.
Κυρηναῖοι: the reason for pretending that the slaves were individuals from Cyrene was
presumably to use them as (free) witnesses; as slaves, they would have had to be tortured
for testimony.
προεῖπεν < προεῖπον: this public proclamation, performed in the Agora, is the first step in
bringing a homicide case. The trial itself would have been in the Palladion (see below).
Παλλαδίῳ: the Palladion was the court that heard cases of unintentional killing of citizens
and both intentional and unintentional killing of slaves and foreigners.
10
ἔλεγεν τὴν δίκην: this is a slightly unusual way of phrasing “to bring a suit”; perhaps it has
the sense of “to plead one’s case.”
διομοσάμενος < διόμνυμι: for homicide trials, both sides had to swear an oath, the
accuser swearing that he was making a truthful accusation, the accused that he was not
guilty.
καταφανής: where English would say “it was clear,” Greek says “he was clear(ly).”
ἢἀτιμῶσαι: Gernet excises this phrase from the text, on the grounds that the penalty for
homicide would (only) be exile, not disenfranchisement. Other editors (including Dilts 2009)
retain it, on the grounds that a fine is a possibility, and if the fine were too high to be paid, it
could result in disfranchisement.
ἐπιωρκηκὼς καὶ δόξας πονηρὸς εἶναι: “a perjured man and one with the reputation of a
scoundrel”
11
τί ἂν ἐχρησάμην: “what use I would have made of (+ dat.),” i.e., “what I would have done
with” (see LSJ χράομαι C.III.4)
συνέβη < συμβαίνω: used impersonally here, with the dative + infinitive construction
Theomnestos says that Stephanos has offended against the laws, the gods, and the city by
living with a non-citizen woman and passing off her children as citizens. He calls
Apollodoros to speak.
12
παρακαλούντων δή με ἁπάντων: “since, in fact, everybody is urging me...” beginning a
long genitive absolute that stretches on into the next paragraph, leading to the climactic
main verb, ἥκω (§13)
τὴν…ἀσεβοῦσαν: i.e., Neaira, the nominal defendant in the case (although the real target
is Stephanos); ἀσέβεια was an offense taken very seriously by the Greeks.
καταστήσω κυρίους: “render you empowered to,” i.e., enable you (legally) to. Supply as
subject ὑμᾶς; governs the infinitive χρῆσθαι, “treat,” “handle” + dat.
13
ἀφῃρεῖτο: “sought to deprive,” conative imperfect (G. 459.a, S. 1895) + double acc.
ἐπιδείξων: “to show,” “to prove that” + acc. + ptc. (LSJ ἐπιδείκνυμι II.1)
συνοικοῦντα < συνοικέω: this is the most common way of saying “be married to” in Greek.
εἰσαγαγόντα εἴς τε τοὺς φράτερας: male Athenian citizens introduced their sons (after
451/0 BCE, only those born to two citizen parents) to their phratries (or “brotherhoods”)
during the first year of their lives; at the age of 14, boys were reintroduced to their fathers’
phratries. Introduction of one’s son into one’s phratry was, among other things, a way of
acknowledging him as one’s legitimate citizen offspring.
εἰς τοὺς δημότας: every male citizen belonged to both a phratry and to a deme (a self-
governed geographic unit of Attica). Young men were registered in their demes at the age
of 18 after undergoing a scrutiny.
ἐγγυῶντα: ἐγγυή was a common form of marriage in Greece, in which the girl’s guardian or
κύριος (either father or brother) betrothed to her to her future husband.
αὐτὸ τοῦτο: “this same result,” i.e., bypassing the normal procedures for obtaining
citizenship
14
ἅπερ ἡγοῦμαι προσήκειν: “something which I consider it appropriate for” + acc. + infin.
νέον τε ὄντα καὶ ἀπείρως ἔχοντα τοῦλέγειν: claims to youth and inexperience are
commonplace in Attic oratory.
συνήγορον: it was not uncommon for speakers to use συνήγοροι (who were not
professional advocates, but friends or family) to assist in delivering their speeches. In this
case, the συνήγορος (Apollodoros) delivers the bulk of the speech.
15
τὸν ὑπάρξαντα: “the one who started (the trouble),” i.e., Stephanos
οὕτως ἤδη: “only at that point,” having heard all the details
Apollodoros has the law read out specifying the penalties for non-citizen men who marry
citizen women, and for citizen men who marry non-citizen women, and promises to prove
that Stephanos and Neaira are an instance of the latter.
16
ἃ μὲν ἠδικημένος...ἀναβέβηκα: for the construction, see §14. ἀναβέβηκα < ἀναβαίνω, “to
mount the speaker’s platform (βῆμα)” (LSJ II.6).
ἀναγνώσεται: ”will read aloud” < ἀναγιγνώσκω; supply as subject the clerk in the
courtroom.
Νόμος: there is some doubt about the authenticity of documents preserved in the corpus of
the Attic orators. Carey 1992: 92 thinks that this law is likely genuine since it includes
details that don’t appear in Apollodoros’ paraphrase of the law (i.e., that only citizens can
prosecute; the reward for a successful prosecutor and the punishment for an Athenian
citizen convicted of marrying a foreign woman). Kapparis 1999 also argues that it is
genuine on the basis of “linguistic criteria, the comparison with the context and an analysis
of the content”: namely, the use of standard forensic language, and the fact that the law
contains information not in the surrounding text and doesn’t incorporate some elements
that are (p. 198). Kapparis argues that this and the law in §52 are parts of the same law,
which he dates to the 380s (1999: 202) (other scholars date it all the back to Pericles or to
around 350).
ᾑτινιοῦν < ὁστισοῦν, “anybody, anything whatsoever” (the indefinite pronoun ὅστις is made
more indefinite in this compound with οὖν)
γραφέσθω...οἷς ἔξεστιν: “he may be charged before the Thesmothetai by anyone who
chooses to do so from among the Athenians having the right to bring charges”
θεσμοθέτας: The θεσμοθέται were the six “junior archons”; like the other archons, they
were selected by lot and held their post for only one year. They were in charge of legal and
judicial matters.
ἐλόντος < αἱρέω (aor. εἶλον), “the one who convicted” (LSJ A.II.4)
17
πεποίηκεν: supply as subject “the law”; ποιέω (+ infinitive): “to bring it about that
Narrative portion (διήγησις) of the speech, 18–84. It is unusually long for a διήγησις, but
this digressiveness is characteristic of Apollodoros’ style.
Neaira was one of seven girls purchased and raised to be prostitutes by Nikarete, a
freedwoman from Elis. She passed them off as her freeborn daughters, but then sold them
when their earning days were over.
18
καὶ δυναμένη: Dilts 2009, following Auger, brackets this as an explanatory gloss.
εὐπρεπῆ: modifies the preceding φύσιν; for 3rd declension adjectives of the -ης/ες type,
see S. 292.
συνιδεῖν < συνοράω (aor. συνεῖδον), “to discern with a keen eye” (Kapparis 1999: 208)
καὶ ταῦτα: a common way of amplifying what’s come before; translate as “what’s more” or
“in addition.”
τέχνην ταύτην κατεσκευασμένη: “making this her profession” (LSJ κατασκευάζω A.3)
19
πράττοιτο: here with its middle sense “to obtain, to exact [money]” + double accusative
(person and thing) (LSJ πράσσω VI)
ἡλικίαν: Kapparis 1999 translates this as “flourishing youth” (214) or “prime youth” (215).
συλλήβδην: i.e., all of them (but not all at the same time)
σώματα: the word σῶμα is often used, as here, as a synonym for “slave,” since slaves
were conceptualized as (mere) bodies.
20
ἣν μέν...καὶ ὡς: “which one...and how,” introducing indirect questions after δηλώσω below
ἂν βούλησθε…ᾖ: ἄν = ἐάν
ὕδατος: that is, the water in the κλεψύδρα (water clock, see the excavated example from
the Athenian Agora), used to measure time in court
ἐπανελθεῖν < ἐπανέρχομαι, in speaking or writing, “to return to [a point]”
Lysias the sophist asked Nikarete to bring Metaneira to Athens in order to initiate her into
the Eleusinian Mysteries. Neaira came along, too, and all three stayed with a man named
Philostratos.
21
μυῆσαι < μυέω: i.e., to initiate into the Eleusinian Mysteries, held in honor of Demeter and
Persephone
τὴν κεκτημένην: “her owner,” Nikarete, subject of λαμβάβειν, “was taking,” in indirect
statement after ἡγούμενος
22
αἰσχυνόμενος < αἰσχύνω + acc. person before whom one feels shame
Κολωνῆθεν: from Kolonai, an Attic deme. Here is a map of all Attic demes.
νεωτέρα: comparative degree (G. 177, S. 313), here with the sense of “too young.”
Kapparis suggests that she was around twelve or thirteen (i.e., not yet of marriageable age)
(1999: 215).
διὰ τὸ μήπω τὴν ἡλικίαν αὐτῇ παρεῖναι: “because the (proper) age was not yet present
for her,” i.e., because was not yet old enough. τό...παρεῖναι is an articular
infinitive. ἡλικίαν serves here as the accusative subject of παρεῖναι < παρά + εἰμί (+ dat.).
A man named Simos later brought Neaira back to Athens, where she drank and dined
openly with men. Neaira in time became a famous prostitute in Corinth.
23
Μαρτυρία: in the fourth century BCE, witness testimony was read aloud by a clerk (rather
than delivered directly by witness). The witness simply affirmed or denied that a given
statement was true. Dilts 2009 brackets this testimony (following Westermann), considering
it spurious.
24
ὡς ἂν ἑταίρα οὖσα: Dilts 2009, following Kapparis 1999, brackets the ἄν as spurious. As
Kapparis 1999: 221 says: “ἄν after ὡς would imply that Neaira actually was not a
courtesan. But the orator says ‘like a courtesan.’”
25
Μάρτυρες: Dilts 2009 brackets this whole passage as spurious, following Westermann.
26
ἄλλοι τε...καί: “others, and especially”; ἄλλος often precedes the particular thing with which
it is contrasted (S. 1273; see also LSJ II.6).
μεμισθωμένοι: pf. middle, “having taken out a lease,” implying a promise of regular
payment.
οὐ γὰρ ἐῶσιν αὐτὸν οἱνόμοι μαρτυρεῖν: i.e., because he was disenfranchised (ἄτιμος),
for reasons about to be explained.
27
ὅτε γὰρ Λακεδαιμονίους ὑμεῖς ἐσῴζετε ὑπὸ Καλλισράτου: In 369 the Thebans invaded
Sparta, and the Spartans turned to Athens for help. Kallistratos, to whom Apollodoros was
hostile, was a prominent politician who had negotiated peace with Sparta in 371.
τὴν πεντηκοστὴν τοῦ σίτου: “(the right to collect) the two percent tax on
grain.” πεντηκοστήν: literally, 50th part, a tax of two percent. Imports into the harbors of
Attica were taxed at this rate. The πωληταί (financial magistrates) auctioned off tax-
collecting to the highest bidder, and the tax-collector’s profit came from the difference
between what they bid and the amount they collected.
καὶ δέον αὐτόν: “and it was required that he.” δέον < δεῖ; accusative absolute (see §13)
καταβολάς: “installments, payments,” cognate with καταβάλλω, above; the grain tax was
paid in 10 installments, one per prytany.
ἀτελείας: refers here to exemption from military service. Apparently, tax collectors were
exempt from serving in the military because they needed to remain in town to collect and
deliver taxes.
οὐκ ἐξελθών: ”when he did not go out on” < ἐξέρχομαι + cognate accusative (see G. 536,
S. 1567)
ἑάλω < ἁλίσκομαι; for this root aorist form, see G. 366, S. 682. Dilts 2009 replaces ἑάλω
(Rennie’s correction) with the manuscript reading ἥλω (an alternate spelling of ἑάλω; see
S. 431).
28
δεινόν: “a monstrous thing, an outrage”
ἐξόμνυσθαι: i.e., to swear that one does not know anything, or possibly that the testimony
read aloud was false. This is referred to as an “oath of disclaimer.”
Μαρτυρία: Dilts 2009 brackets this whole passage as spurious, following Westermann.
τῶν μισθαρνουσῶν: “of the type who charge a fee,” removing any potential ambiguity in
the term ἑταῖρα
29
αὐτῆς…τοῦ σώματος: αὐτῆς is a possessive genitive (“her [body]”); take σώματος with
τιμήν (“price [of her body]”)
τριάκοντας μνᾶς: 30 mnae is a very high price for a slave; most slaves cost in the range of
1-5 mnae.
νόμῳ πόλεως: i.e., by the law of Corinth; it is unclear if Corinth’s law on the sale of slaves
differed from Athens’.
Timanoridas and Eukrates decided to buy Neaira from Nikarete, and in time they offered to
free her if she could pay them twenty mnae. Neaira collected this money from her former
clients, including a man named Phrynion.
30
γεγενημένην: circumstantial participle modifying ἀυτήν; here, likely with causal force
ἡδέως ἂν αὐτοῖς εἴη: lit., “it would be pleasant for them”; i.e., “they would be pleased”
(LSJ ἡδύς III)
τὰς δ᾽εἴκοσι μνᾶς: “the remaining 20 mnae” = 2,000 drachmae. The full price was 30
mnae = 3,000 drachmae, of which they remitted one third.
31
ἔρανον: ἔρανος is literally a friendly loan, often without interest and therefore given as a
kind of favor or gift. See §8.
αὐτοῦ προσθέντα: both refer to Phrynion; the former is genitive following δεῖται; the latter
is accusative as the subject of the infinitive καταθεῖναι.
καταθεῖναι αὐτῆς: supply τιμήν (and again in §32). Note that a third party (Phrynion) has to
hand over the money for her freedom; as a slave, Neaira herself is not allowed to make
financial transactions.
32
ἐφ’ ᾧ: “on the condition that”; takes an infinitive in a proviso clause (S. 2279)
Phrynion and Neaira then went to Athens, where she attended drinking parties at which her
body was at the disposal of many men. Upset with how she was treated by Phrynion, she
left for Megara, along with her clothing, jewelry, and female slaves.
33
ἐχρῆτο αὐτῇ: “treated her.” The subject of the verb is Phrynion; see §31-32.
ἐκώμαζε: the subject here is Neaira (the other verbs in this sentence have Phrynion as
their subject).
συνῆν: “had intercourse with, had sex with” (LSJ σύνειμι1 II.2).
φιλοτιμίαν τὴν ἐξουσίαν πρὸς τοὺς ὁρῶντας ποιούμενος: “making his wealth and
privilege an object of envy in front of the onlookers” (LSJ ἐξουσία ΙΙΙ). Note the predicate
position of φιλοτιμίαν.
ἐπὶ Σωκρατίδου ἄρχοντος: one way of reckoning years in Athens was by the name of that
year’s eponymous archon; thus, “in the archonship of Sokratides”: 374/3 BCE
τὰ Πύθια: the Pythian Games were panhellenic festivals held every four years at the
sanctuary of Apollo at Delphi.
εἱστία τὰ ἐπινίκια: ”gave a feast to celebrate his victory.” εἱστία < ἑστιάω. ἐπινίκια < adj.
ἐπινίκιος; the plural substantive can mean, as here, “sacrifice for a victory or feast in honor
of it.”
συνεγίγνοντο αὐτῇ μεθυούσῃ: “had intercourse with her when she was drunk”
34
Μαρτυρία: Dilts 2009 brackets this whole passage as spurious, following Westermann.
καθεύδειν: evidently = “went to bed,” as opposed to being asleep, since they claim to have
noticed (αἰσθάνεσθαι αὐτοί) men visiting Neaira later.
35
ὑπηρέτει αὐτῇ ἃ ἐβούλετο: “help her in the ways she wanted.” The language is vague.
See LSJ ὑπηρετέω II.4.
Θρᾷτταν: Thratta is a common name for female slaves, meaning “Thracian.” Thrace was a
regular source of slaves.
ὕστερον πόλεμον: in 378, the Spartans tried to seize the Athenian port of Piraeus, and so
Athens allied itself with Thebes (Sparta’s enemy). Peace was declared in 374, but war
broke out again shortly thereafter and lasted until 371. The ὕστερος πόλεμος is the war that
broke out in 374.
Stephanos then came to Megara and became a client of Neaira. After she told him about
her treatment at the hands of Phrynion, he vowed to protect her, to keep her as his wife,
and to introduce her children into his phratry.
36
ξένων δὲ οὐ πάνυ ἐπιδημία ἦν: “there was not much residence of foreigners at all,” i.e.,
Megara was quite inhospitable to foreigners at that time, for reasons about to be
listed. ἐπιδημία: when this word is used of foreigners, it refers to their coming to and
staying in a place that is not their home city.
τοὺς μὲν Μεγαρέας...τῆς δὲ θαλάττης: note the μέν/δέ contrast being drawn
ἐπὶ τούτῳ: “on this condition” (S. 2279), with the condition spelled out in the ὥστε clause
(S. 2268)
37
ἠ εἰρήνη: a peace treaty was signed in the summer of 371 BCE ending a two years’ war
and guaranteeing the independence of all Greek poleis.
ἡ μάχη ἡ ἐν Λεύκτροις: Thebes had wanted to sign the peace treaty (mentioned above)
on behalf of all the Boiotians, but Athens and Sparta objected, and war followed. At the
battle of Leuktra, Sparta was defeated, and Sparta’s power essentially came to an end.
ὕβριν: ὕβρις is an important concept in ancient Greek law and thought, referring to violently
insulting behavior (and sometimes to the state of mind underlying this behavior).
ἐπιδοῦσα ἅ...ἔχουσα: “handing over to him (Stephanos) the property she had (i.e., had
taken or been given) from him (Phrynion) when she left (Athens),” as described in §35. ἅ is
an abbreviated form of ταῦτα ἅ, where the elided ταῦτα is the object of ἐπιδοῦσα, and ἅ is
the object of ἔχουσα.
διὰ τὸ ἠδικηκέναι μέν αὐτή: “because of the wrong she had done him” (by absconding
with his property). The manuscripts have αὐτήν, which would reverse the meaning.
ὀργίλως ἔχειν: for ἔχω + adverb, see §12; take ἔχειν as parallel to ἠδικηκέναι (both are
objects of διά).
προΐσταται: it is unclear (see Patteson 1978: 68-69) whether this verb is being used in its
technical sense to mean “to set him up as her προστάτης,” i.e., her citizen patron (all freed
slaves and metics had προστάται) (Carey 1992: 104-5), or in a looser sense to mean “to
place oneself under [someone’s] protection” (Kapparis 1999: 107).
38
φυσήσας: ”swelling” with indignation < φυσάω, “to inflate, puff up” used figuratively
ὡς κλαύσοιτο: supply a verb of saying (hinted at with the preceding λόγῳ) to introduce this
(secondary sequence) indirect statement. κλαύσοιτο: “would lament,” i.e., would regret it,
< κλαίω. Kapparis 1999: 245 points out that “metaphorically used it implies threat of
physical violence.”
εἰσάξων εἰς τοὺς φράτερας: see above §13. Here Stephanos is offering to introduce
Neaira’s children to his phratry as his own.
ὡς αὐτοῦ ὄντας: ὡς + circumstantial participle = “on the grounds that” (G. 593c, S. 2086);
in this case, “on the grounds that they are his [children].”
ἀδικήσει: understand Neaira as the object of this verb; supply a verb of saying to introduce
this clause. Kapparis 1999: 245 suggests that there is a shift to direct speech (hence the
indicative, rather than the optative, which we saw with κλαύσοιτο); we might also explain
this as a retained indicative. Either way, the force is to emphasize Stephanos’ promise that
no one would hurt her.
When Phrynion learned that Neaira was in Athens, he tried to drag her away as his slave,
to which Stephanos responded by asserting her freedom. Neaira continued to work as a
prostitute, now charging higher fees, and Stephanos blackmailed foreigners he caught
having sex with her.
39
Ἑρμῆν: “[the statue of] the whispering Hermes.” It isn’t known where this was located, nor
what “whispering Hermes” refers to.
ἣν νυνὶ Σπίνθαρος: as Carey points out (1992: 106; see also Kapparis 1999: 247), whose
house is being referred to here is grammatically ambiguous, but the context suggests that it
refers back to Stephanos’ οἰκίδιον, despite the change in gender.
ἑπτὰ μνῶν: attested home prices in fourth-century Athens range from 3 to 120 mnae
(Kapparis 1999: 247). Apollodoros is trying to make the point that Stephanos didn’t have a
lot of money, which is what drove him to bring frivolous lawsuits. We don’t know, however,
whether this was Stephanos’ only property, or one of several.
40
ἦγεν: “attempted to lead her away,” on the grounds that she was his slave. Conative
imperfect (G. 459.a, S. 1895).
ἀφαιρουμένου...εἰς ἐλευθερίαν: If a free person (A) was unjustly claimed by another (B)
as their slave, a third party (C) could act as A’s vindicator, carrying them away to freedom.
This was called an ἀφαίρεσις (or ἐξαίρεσις) εἰς ἐλευθερίαν. C would then furnish sureties (or
guarantors) before the polemarch for the appearance of A in court. In turn, B could then
bring a δίκη ἀφαιρέσεως (or ἐξαιρέσεως), accusing C of illegally taking away his property.
κατηγγύησε < κατεγγυάω: that is, Phrynion compelled Neaira to post bail
41
διεγγυηθεῖσα: διεγγυάω
μοιχόν: although this word is often translated as “adulterer,” μοιχεία is not identical to our
concept of adultery. It refers to an illicit sexual act, essentially any sexual act between two
citizens outside the bounds of marriage.
εἰκότως: “and rightly so, naturally.” Ironic. The idea is that their blackmailing scheme was
“reasonable” because (as is about to be explained) they needed the money.
The blackmailing was motivated by a need for money: Neaira wanted to maintain the
lifestyle to which she had become accustomed, and Stephanos’ only source of income was
bringing frivolous lawsuits. Friends of Phrynion and Stephanos brought the two men to
arbitration.
42
ὁπότ’ ἔδει: “since it was necessary.” See LSJ ὁπότε B. Dilts 2009 prints ὅπου γε δέοι,
following Kapparis 1999, with similar meaning (LSJ ὄπου ΙΙ.2).
μεμαθηκυῖα < μανθάνω; in past tenses, can have the sense of “to be accustomed to” +
infinitive
μὴ κακῶς ἔχειν τὰ ἐπιτήδεια : “to not be in a bad state with regard to necessities,” i.e., to
live comfortably, see note on §30 regarding ἔχω + adverb. For τὰ ἐπιτήδεια = “necessaries,
provisions,” see LSJ ἐπιτήδειος II.1.
ἑτέρων ἀναλισκόντων: genitive absolute, “with others bearing the expenses,” “at the
expense of others”
43
πολιτείας: “the daily life of a citizen,” i.e., doing civic business (LSJ A.2)
προσῄει < πρός + εἶμι, of revenue, “to come in” (LSJ πρόσειμι [εἶμι ibo] III)
παραβοώντων: that is, shouting in support of, or in opposition to, other (more prominent)
politicians who were speaking at the speakers’ platform (βῆμα), in order to whip up the
crowd in the Assembly.
γραφομένων μισθοῦ: “indicting for pay”; that is, Stephanos was paid by others to bring
γραφαί against their opponents.
φαινόντων < φαίνω, “to inform against, denounce” someone who withholds property that
belongs to the state; successful prosecution in a φάσις brought the prosecutor half the fine
the jury imposed.
ἐπιγραφομένων < ἐπιγράφω, “to inscribe one’s name on” proposals as the (in this case,
alleged) proposer. Senior politicians who didn’t want to take on the risk of making a new
proposal in their own name would sometimes pay others to do so.
γνώμαις: “proposals”
ἕως: introduces a temporal clause; governing an aorist verb, it means “until” (G. 631,
S. 2383C).
ἐξ ὅτου δὲ τρόπου: “in what way” (for the preposition, see LSJ τρόπος II.3). ὅτου < ὅστις,
used as the indirect interrogative adjective
44
δοῦναι δίκην: δίδωμι δίκην means “to suffer a punishment, pay a penalty.”
οὐδ᾽...τολμᾷ: “he does not endure to,” “he cannot bring himself to”
45
λαχόντος < λαγχάνω: λαγχάνω δίκην: “to obtain permission to bring a suit” by handing in a
statement of the charge to the appropriate magistrate. The suit referred to here is likely a
δίκη ἀφαιρέσεως.
αὐτοῦ ἀφείλετο: “he took from him” < ἀφαιρέω (+ gen. of person from whom
something/someone is taken)
The decision reached through arbitration was that Neaira should be free, that she should
return to Phrynion nearly everything she took from his house, and that she should spend
her time alternately with Phrynion and Stephanos.
46
ἐν τῷ ἱερῷ: arbitration could take place in various public locations; it is unclear which
temple this is. Carey 1992: 110 says: “The venue would guarantee solemnity and freedom
from interruption, besides of course providing space for the proceedings.”
ἀμφοτέρων καὶ αὐτῆς τῆς ἀνθρώπου: “from each man and from the woman herself.” See
G. 509.
ἐνέμειναν < ἐμμένω (+ dat.); here, governs αὐτῇ (which refers back to γνώμην)
ἀλλήλους πείθωσι: “persuade each other,” i.e., “agree” on some other arrangement.
κύρια: “binding”
τὸν ἔχοντα ἀεί: ἀεί can mean “at any given time”; here, “the one having [her] at any given
time”
47
διαλλαγή: “reconciliation”
ἀναγνώσεται: ”will read aloud” < ἀναγιγνώσκω; supply as subject the clerk in the
courtroom.
χρῆσθαι: the verb (which takes the dative) can imply anything from spending time together
to sexual intercourse. See LSJ χράομαι IV.b.
The supporters of both men attest that, after the arbitration, they often drank and dined with
Neaira. After summarizing what he has shown thus far, Apollodoros says that Stephanos
married off Neaira’s daughter Phano, as his own daughter, to a man named Phrastor.
48
ἀπηλλαγμένοι ἦσαν < ἀπαλλάττω, in passive, “to be reconciled” (LSJ B.II.8); for
periphrastic forms of the perfect (as here), see S. 599.
οἷον: the neuter singular of οἷος can be used, as here, as an adverb meaning “as, like”
(LSJ V.2).
ὡς ἑκάτερον αὐτῶν: “at the house of each of them,” i.e., each arbiter went to the house of
the man who had brought him into the matter to drink with Neaira on days when she was
there.
49
κατηγγυήθη ὡς ξένη οὖσα: “was forced to post bail as a foreigner”; see §40.
καταμεμαρτυρηκότ(α) αὐτῆς: “has given evidence against her,” pf. participle in indirect
statement
50
ἀκριβῶς τὸν βίον συνειλεγμένον: “had gotten together a living frugally,” i.e., had become
prosperous through frugal living. συνειλεγμένον < συλλέγω
51
ὅτ(ε) ἠγγυᾶτο: ”when she was betrothed,” i.e., at the time of the betrothal, < ἐγγυάω
οὖσαν: governed by the earlier ὡς, “on the grounds that she (Phano) was...”
πρίν…συνοικῆσαι: πρίν + infinitive = “before” (G. 568, S. 2431). Because the preceding
πρότερον flags the upcoming πρίν (S. 2440), it is unnecessary to translate both words.
Understand Stephanos as subject of συνοικῆσαι.
ἐκβάλλει: a technical (if harsh) way of saying “to divorce.” All that was required for divorce
in Athens was for the woman to move out of the house. Either party could initiate.
τὴν προῖκα οὐκ ἀποδίδωσιν: this is very unusual, in that generally after a divorce the
dowry was given back to the woman (or more precisely to her κύριος); in this case,
Phrastor is withholding it because he felt deceived.
52
λαχόντος < λαγχάνω. λαγχάνω δίκην = “to obtain permission to bring a suit” by handing in
a statement of the charge to the appropriate magistrate. See §45.
δίκην σίτου: if the husband did not return his wife’s dowry, the κύριος could bring a lawsuit
(either a δίκη σίτου or a δίκη προικός). In a δίκη προικός, one sued for the return of the
dowry at once; in a δίκη σίτου (literally a suit for “maintenance” of the woman), one sued for
the husband to pay interest on the dowry, which was now considered “on loan” to him.
Ὠιδεῖον: the Odeon, a roofed theater built by Pericles, was near the Theater of Dionysos
and used for musical competitions. It also seems to have served as a courthouse.
ἐπ’ ἐννέ(α) ὀβολοῖς: at a (high) rate of 9 obols per mina per month (i.e., 18% interest)
εἶναι: here with its impersonal sense, “it is possible, permitted” + dat. (in this case, τῷ
κυρίῳ)
δήμοσια: the property is to be public in the sense that it is confiscated by the state.
νόμος: as mentioned above, Kapparis 1999: 198 argues that this and the law in §16 are
authentic and are two parts of the same law.
ὡς αὑτῷ προσήκουσαν: “as if she were his own kin” (LSJ προσήκω III.3).
τοῦ ἑλόντος: “(shall belong to) the one who secures his conviction” < αἱρέω (LSJ A.II.4.c).
τῆς ξενίας: genitive of charge or crime (see §5); the charge in a γραφὴ ξενίας is posing
illegally as a citizen.
53
ἀφίσταται: “gives up his claim on” + gen. < ἀφίστημι (LSJ B.1)
ἀνείλετο: < ἀναιρέω (middle) “removed, canceled”; supply this verb again in the next
clause.
Stephanos reached a settlement with Phrastor, and both men withdrew their suits. Phrastor
then fell ill, was tended to by Neaira and Phano, and was persuaded by them to
acknowledge his son with Phano as legitimate, since he wanted an heir.
54
Μαρτυρία: note that Phrastor gives a different order of events than Apollodoros does. This
(among other peculiarities in the deposition) might indicate that the document is a forgery,
though Dilts 2009 does not bracket it in his text.
διαλύσασθαι πρὸς αὑτὸν Στέφανον: “that Stephanos made an arrangement with him
(Phrastor).” See LSJ διαλύω A.4.b.
55
φέρε: the imperative of φέρω can be used as an adverb meaning “come on.”
γεννητῶν: members of a γένος, a kin-based subgroup of a phratry. Although all Athenian
citizens belonged to phratries, not all belonged to γένη.
διαφορᾶς: the fact that Phrastor was quarreling with his relatives is significant because
they would be first to inherit if he didn’t produce an heir.
56
ἐπείσθη: governs the infinitives λαβεῖν and ποιήσασθαι (of which τὸ παιδίον is the object)
ποιήσασθαι ὑιὸν αὐτοῦ: i.e., he acknowledged the boy as his (legitimate) son. Although
ποιεῖσθαι can be used in a technical sense to mean “to adopt,” that doesn’t seem to be the
sense here (Kapparis 1999: 285-286; cf. Patteson 1978: 91).
57
τοῦ...μὴ λαβεῖν...μηδ᾽ ἄπαις τετελευτηκέναι: articular infinitives with τοῦ; genitives of the
articular infinitive can be used to express purpose, often a negative purpose (G. 576,
S. 2032e): “so that...wouldn’t get, and so that he would not die childless.”
ἐπεί: this word can be omitted in translation, or treated like γάρ (G. 629a, S. 2244).
58
ὡς γὰρ ἀνέστη τάχιστα: “as soon as possible when he recovered,” “the minute he
recovered” (G. 633.f). ἀνέστη < ἀνα-ἵστημι
ἐπιεικῶς: adverbial form of ἐπιεικής; ἔχω + ἐπιεικῶς: “to be capable,” i.e., “to be well”
ὥστε: introducing an independent sentence, ὥστε has the force of οὖν (G. 639, S. 2274a).
59
ἐνέγραφον: i.e., inscribe him on the register of the members of the γένος
60
λαχόντος…δίκην: Carey thinks this is a δίκη βλάβης (suit for damages) for not admitting
the boy (Carey 1992: 117); Kapparis thinks it is a δίκη similar to suits appealing rejection
from demes (1999: 288-89)
οὐκ ὤμοσεν: Patteson suggests that maybe Phrastor refused to swear because he was
thinking ahead to possible remarriage (and therefore didn’t mind giving up his claim that the
boy was legitimate); she also argues that, since Phrastor didn’t swear, the arbitrator must
have ruled (almost by default) in the favor of the γένος (1978: 95-96). Kapparis, by contrast,
argues that Phrastor refused to swear because “the oath would surely be phrased in a
manner which served the purposes of the challenger”: for example, Phrastor might have
been challenged to swear that the child was born to a citizen woman who was not Phano.
However, because the γεννηταί would have been unable to prove that the boy
was not legitimate without either solid evidence or the acceptance of a challenge, Kapparis
thinks that the γένος lost the arbitration (1999: 290-91). Kapparis’ theory is possible, but we
are given no indication in the text that the substance of the challenge is not precisely what
Apollodoros gives us in this paragraph (namely that the child was Phrastor’s son from a
citizen woman legally married to him).
61
κωλύειν εἰσάγειν: Kapparis 1999: 293 finds this ambiguous, saying that it means only “to
produce obstacles to the introduction,” without stating whether the introduction succeeded
in the end.
Apollodoros reiterates that both Stephanos and Phrastor have, by their actions, shown that
Neaira is a foreigner. He next tells how Stephanos entrapped a man named Epainetos by
catching him in the act of adultery with Phano and then extorting 30 mnae from him.
62
ἐπιδεικνύω: alternate form of ἐπιδείκνυμι; this verb takes a long series of participles in
indirect statement.
63
γήμαντα: “after marrying her” < γαμέω. The manuscripts read γήμαντα τε, which would
necessitate an awkward pairing of γήμαντα and the ἀποδόντα that follows. One solution, as
in our text, has been to move the τε immediately after ἐκβαλόντα; Dilts 2009, by contrast,
brackets the entire phrase γήμαντά τε, following a suggestion offered by Diggle.
ἀλλὰ μᾶλλον εὐορκεῖν προελόμενον: “but chose rather to avoid committing perjury”
(Murray). προελόμενον < προ-αἱρέω
64
Ἐπαίνετον γὰρ τὸν Ἄνδριον: Epainetos from the Greek island of Andros, in the Cyclades;
accusative object of ἐπιβουλεύσας below
65
εἰς ἀγρόν ὡς θύων: this is a pretext for catching him in an isolated place with Neaira’s
daughter.
λαμβάνει μοιχὸν ἐπί: “catches him (Epainetos) in the act of adultery with”
εἰς φόβον καταστήσας: “having brought him into (a state of) fear,” i.e., having terrified him
with threats of punishment. See LSJ καθίστημι II.3.
πράττεται μνᾶς τρίακοντα: if the κύριος of a woman caught her engaged in adultery, he
could either kill the adulterer or humiliate him (see further below). Alternatively, the matter
could be settled through a financial arrangement, which is what Stephanos tries here.
For πράττεται = ”exact as payment,” see §41 and LSJ πράσσω VI.
Epainetos brought a suit for false imprisonment against Stephanos, stating that Phano was
not Stephanos’ daughter but Neaira’s by another man, that Neaira knew of Epainetos’
relationship with Phano, and that sleeping with a prostitute (which is essentially what Phano
was) was not adultery. Stephanos submitted the matter to arbitration.
66
εἱρχθῆναι (and εἵρξῃ, below) < ἔργω. It was generally illegal for an individual to imprison a
free person, but it was allowed (albeit temporarily) if the latter was caught in an act of
adultery.
ἀθῷον εἶναι αὐτόν: i.e., the falsely imprisoned man gets off scot-free.
παραδοῦναι αὐτὸν κελεύει τοὺς ἐγγυητάς: sc. ὁ νόμος as the subject of κελεύει; τοὺς
ἐγγυητάς is the object of κελεύει; αὐτόν is the object of παραδοῦναι.
τῷ ἑλόντι: although ὁ ἑλών is generally used in legal contexts to refer to the successful
prosecutor, here it likely refers to the person who literally seized (< αἱρέω) the adulterer in
flagrante (see a similar use of the participle in §87). Cf. Kapparis (1999: 66), who argues
that in this instance, ὁ ἑλών refers to the successful defendant, explaining that this
deviation from the normal meaning of the term has to do with the “peculiarity” of the case,
where it was the prosecutor (the alleged adulterer) who faced a greater danger than the
defendant (who captured him).
ἄνευ ἐγχειριδίου: this does not mean that the captor cannot punish adulterer physically,
simply that he cannot use a blade. We hear in comedy of anal penetration with a radish and
depilation of pubic hair as common (humiliating) punishments for adulterers.
χρῆσθαι: supply as subject the man’s captor; supply as object the imprisoned man.
67
Στέφανου θυγατέρα αὐτὴν εἶναι: αὐτήν is the subject of εἶναι in indirect statement
governed by an understood verb of saying; take Στέφανου θυγατέρα predicatively.
τόν τε νόμον: Dilts prints another τόν after τόν τε νόμον, following Hude.
ταύτῃσι: Blass restored this old (Ionic) dative feminine plural form, since this appears to be
a quotation from a Solonic law (on which see Lysias 10.19 and Plutarch, Solon 23.1).
πωλῶνται: ”walk up and down (the streets)” < πωλέομαι, an old poetic word not generally
seen in classical prose. πωλέομαι makes more sense than the passive of πωλέω, “are
sold,” since the two groups being discussed are brothel prostitutes and streetwalkers, both
of whom were sold.
68
ἐπιτρέπει: “referred” the arbitration, see §45 and LSJ ἐπιτρέπω I.A.3.
In arbitration, Epainetos withdrew his indictment against Stephanos; the latter dropped his
claim on the 30 mnae and got Epainetos to contribute a thousand drachmas toward
Phano’s future marriage.
69
70
δίκαιος εἶ: Greek sometimes uses a personal construction (“you are just to”) where English
uses an impersonal one (e.g., “it is just for you”).
ἀγαθόν τι ποιῆσαι αὐτήν: ποιέω can take, as here, a double accusative, of thing done
and person to whom it is done.
ἐκ πονηρῶν πραγμάτων: ἐκ here governs a genitive of origin, specifically “of the Cause,
Instrument or Means by which a thing is done” (LSJ III.5).
χιλίας δραχμάς: 1000 drachmas (10 mnae) is less than Stephanos was asking for earlier
as ransom (i.e., 30 mnae).
71
Stephanos then ingratiated himself with a man named Theogenes, who had been selected
as βασιλεύς (king archon), and married Phano to him. As the wife of the βασιλεύς, Phano
performed special rites on behalf of the city. Apollodoros explains that when Athens was a
monarchy the king’s wife performed the most holy sacrifices.
72
τήν...ἐγνωσμένην ξένην εἶναι: “this woman who was acknowledged to be an alien....” The
accusative is picked by αὐτήν a couple of lines down and treated as the subject of
εἶναι ἀστήν in indirect statement.
τοσοῦτον: as often, takes a genitive of measure (“such a pitch/degree of…”) (G. 507.c,
S. 1325)
μὴ ἀγαπᾶν εἰ ἔφασκον: “to not be satisfied if they claimed that,” i.e., “to not be content
with claiming that”
Κοιρωνίδην: this is actually a correction of the MSS, which read Καθωκίδην, referring to
the deme Kothokidai, but we learn that Theogenes’ deme is Erchia in §84, so the
manuscript reading must be corrupt.
βασιλέα: the βασιλεύς was one of the three main archons or magistrates (along with the
eponymous archon and polemarch) selected by lot for one-year terms. The duties of the
βασιλεύς were primarily religious in nature (overseeing festivals, sacrifices, sacred land,
and trials pertaining to religious matters).
δοκιμαζομένῳ: “The help referred to here [συμπαραγενόμενος] could consist of general
advice on the dokimasia process, including details such as the choice and presentation of
witnesses, appearance as witness or (if an objection was lodged) assistance with the
presentation of the case” (Carey 1992: 122).
ἀναλωμάτων: i.e., the costs the βασιλεύς incurred in purchasing new clothing appropriate
for his office, and furniture or other equipment necessary for his religious duties. (Note that
Stephanos, earlier presented as a poor man with only an οἰκίδιον, is now portrayed as rich,
since in this instance it helps Apollodoros’ case.)
πάρεδρος: each of the three major archons had two πάρεδροι or assistants, whom they
selected for themselves, and who themselves had to undergo a δοκιμασία. In none of our
sources are the exact duties of πάρεδροι spelled out.
73
ἔθυε τὰ ἄρρητα ἱερά: “made the secret sacrificial offerings,” part of the Anthesteria, a
festival held in honor of Dionysos on the 11th, 12th, and 13th of Anthesterion
(February/March). The first day of the festival was called the Pithoigia, on which wine jars
were opened; the second day was the Choes, a day of drinking and revelry; and the third
was the Chytroi, which commemorated the dead. Most likely the sacrifices being referred to
here are those on the second day, the Choes; however, it is possible Apollodoros is
condensing events that actually took place over the entire festival.
ἡ τοῦ βασιλέως γυνή: the wife of the βασιλεύς played a special role in the religious life of
the city, including being “married off” to Dionysos in a special ceremony; this was a way of
ritually incorporating Dionysos (who comes from afar) into the city.
γεραράς: literally, “the revered women,” a term used for priestesses of Dionysos selected
by the βασιλεύς for a one-year term.
οἷόν τ’ ἐστίν: οἷός τ’ εἰμί is an idiomatic way of saying “to be able”; here it is impersonal: “it
is possible” (+ dat. of person).
πῶς ποιῆσαί γε τῇ ἐπιτυχούσῃ εὐσεβῶς ἔχει: “how is it pious for any chance person to
do.” The direct object of ποιῆσαι is the preceding clause.
ἐπιτυχούσῃ < ἐπιτυγχάνω: as a substantive participle, often has the sense of “any chance
person”
ἄλλως τε καί: “especially”
74
δυναστεία: Apollodoros simplifies the development of Athenian monarchy (from the kings
to the βασιλεύς archon) by compressing it into two stages.
ὑπερεχόντων < ὑπερέχω: as substantive, has the sense of “the powerful, those having
authority”; here, genitive of possession
αὐτόχθονας: the Athenians defined themselves as native inhabitants of their land, literally
sprung from the earth of Attica (i.e., “autochthonous”).
After Theseus united the people of Attica, the people passed a law that the king had to
select a wife who was both a citizen and a virgin.
75
ἐπειδὴ δὲ Θησεὺς συνῴκισεν: according to myth, the hero Theseus united the towns of
Attica into one polis (this is called the “synoecism” of Attica, from συνοικίζω).
ᾑρεῖτο < αἱρέω: note the middle voice. What is being referred to here—choosing men from
a list of pre-selected men—is a sort of double election. Whether Apollodoros is correct is a
point of debate (see e.g., Kapparis 1999: 334-335); either way, by the fourth century, the
archons were selected by double sortition (that is, by lots, rather than by vote).
τὴν δὲ γυναῖκα αὐτοῦ νόμον ἔθεντο ἀστὴν εἶναι: “they established a law that his wife
should be a citizen,” i.e., of Athenian birth
76
ἐν Λίμναις: the location of “the Marshes” isn’t clear, but it has been suggested that it was in
the Ilissos area south of the Acropolis (Patteson 1978: 107-8; Carey 1992: 124). Kapparis
1999: 336 suggests that it may not be a literal marsh, but is meant to represent the lake
where Dionysos arises on earth, coming up from the underworld.
γράμμασιν Ἀττικοῖς: the Athenians switched from the Attic to the Ionic alphabet in 403/2
BCE.
ἐπιγιγνομένοις < ἐπιγίγνομαι; the substantive is often used for “those coming after,” i.e.,
“posterity.”
τήν γε θεῷ: Dilts 2009 adds the definite article τῷ before θεῷ, following Gernet.
τῇ δωδεκάτῃ τοῦ ἀνθεστηριῶνος: the 12th of the month Anthesterion, that is, the Choes
77
ἄξιον: supply a verb like ἐστί both times this adjective appears in this section.
ἡδικημένων: “for their crimes” (see §5, LSJ δίκη IV.3, and S. 1376).
μηδέν: translate as “at all” or “in any way” (μηδέν does not have a negative force here, but
is used because it is in a fear clause).
Apollodoros has read aloud the oath sworn by the “venerable women,” who assist the king
archon’s wife in performing sacrifices. He then says that after Phano performed these rites,
the Areopagos inquired about her status.
78
ἱεροκήρυκα: an official at the Eleusinian Mysteries chosen from the Kerykes γένος
τὰς γεραράς τάς: Dilts 2009 removes the second τάς, which is unnecessary and had been
added in by Reiske.
ἐν κανοῖς: “amongst baskets,” “as they carry the baskets”; Carey 1992: 125 suggests that
the baskets held either offerings for Dionysos, or a knife for slaughtering an animal and
barley for sprinkling on the sacrificial animal’s head.
τῶν ἱερῶν: τὰ ἱερά = “sacred offerings,” “sacred rituals,” or in particular “sacrificial victims.”
The latter meaning is most likely here (see Carey 1992: 63).
ὅρκος γεραρῶν: The oath is probably genuine, but it may or may not be the complete
oath; the Gerarai (literally “venerable women”) were the fourteen priestesses of Dionysos.
κατὰ τὰ πάτρια: “in accordance with ancestral custom,” “in the traditional manner”
καθήκουσι < καθήκω, of time, “to be regular, proper”; it is not known what days these
were, exactly.
79
τοῦ…πατρίων: genitive governed by ἀκηκόατε (< ἀκούω: here, “hear about, of” [S. 1365]);
the verb also looks ahead to the following ὡς and ὅτι clauses.
δι’ ἀπορρήτου γεγενημένην: “given in secret.” The adjective ἀπόρρητος literally means
“not to be spoken”; the phrase means “in secret” (the same with ἐν ἀπορρήτῳ, below).
80
Ἅρειον πάγον: the Areopagos (“Hill of Ares”), located northwest of the Acropolis in
Athens.
ἡ βουλὴ ἡ ἐν Ἀρείῳ: the Areopagos council. It was made up of former archons, who
served on the council for life. In the earliest days of Athens, the Areopagos served as
council to the king; its powers were greatly reduced over time, and by the classical period
its jurisdiction was limited to murder, premeditated wounding, arson, poisoning, and
destruction of the sacred olive trees. Patteson (1978: 111-12) suggests that the council was
reporting on the most recent Anthesteria; although reports on the conduct of festivals were
normally presented to the Assembly, rather than the Areopagos, it could be there wasn’t an
assembly devoted to the Anthesteria (1978: 111-12), and/or that that the antiquity of the
Anthesteria might have placed it under the Areopagos’ jurisdiction (Carey 1992:
126). Kapparis 1999: 349 suggests instead that the council was simply acting in its capacity
to conduct certain kinds of investigations into religious matters.
ἐζημίου: “was going to assess a fine” < ζημιόω: conative imperfect (see §13 and S. 1895).
As emerges later, the fine did not come to pass.
ὅσα κυρία ἐστίν ὅσα: “insofar as is (the council) is sovereign,” i.e., with the stiffest penalty
it had the authority to impose
διὰ κοσμιότητος: “with due regard for propriety,” so as not to embarrass the parties
involved
The Areopagos proposed to punish Theogenes for marrying a non-citizen, but he begged
that they spare him. Theogenes immediately divorced Phano (and removed Stephanos
from the board on which he had been serving), thereby earning the forgiveness of the
Areopagos.
81
γενομένων δὲ λόγων: “while the discussions were going on,” in the council
82
ὄντων: 3rd person plural present active imperative of εἰμί. ὄντων is Rennie’s emendation of
ἔστωσαν, the form found in the manuscripts. However, since ἔστωσαν is an accepted
variant of ὄντων, Rennie’s emendation is probably not necessary.
πιστοὶ ὑμῖν ὄντων οἱ λόγοι: “let the statements be trustworthy to you,” i.e., be accepted
as true by you. ὄντων is 3rd person pres. imperative < εἰμί.
83
συνεδρίου: this is a general word for council; here it refers to the archon and his two
assessors.
συγγνώμην εἶχον: “showed lenience”
Not only should Phano not have performed the sacred duties of the king archon’s wife, she
should not have participated in any of the city’s rites, since adulteresses are banned from
entering all public temples. Apollodoros has the law on adultery read aloud.
85
ἀπέχεσθαι: governs a series of genitives: τῶν ἱερῶν τούτων; the articular infinitives τοῦ
ὁρᾶν καὶ θύειν καὶ ποιεῖν; and τῶν…ἁπάντων. Being banned from the religious life of the
city was akin to disenfranchisement (ἀτιμία) for a woman.
μοιχός: οf course, earlier Apollodoros said that the affair with Epainetos was not really
μοιχεία since Phano was not a legitimate citizen; here, it serves his purposes to say that it
was.
γυναικί: take first in the sentence; dative with οὐκ ἔξεστιν, picked up again with αὐτῇ
ἱερῶν τῶν δημοτελῶν: here, most likely public “temples,” rather than “sacred rites” (cf. the
use of ἱερῶν earlier in this paragraph)
ἐλθεῖν ἐξουσίαν ἔδοσαν: most editors (including Dilts 2009) delete ἐλθεῖν, which likely
erroneously repeats the preceding ἐλθεῖν; the sense of ἐξουσίαν ἔδοσαν is completed by
εἰσιέναι.
86
μόναις: this is not strictly speaking true, since murderers were also barred from
participating in the city’s religious activities.
τἄλλα: accusative of respect; looks back to πλὴν θανάτου, that is, “things other than death”
ὑβρισθεῖσαν αὐτὴν μηδαμοῦ λαβεῖν δίκην: “that she, having been mistreated, may seek
redress nowhere,” i.e., before no court or tribunal. μηδαμοῦ is an adverb.
τοῦ σωφρονεῖν: articular infinitive expressing purpose (G. 576), “so that they might have
self-control”
ἄν = ἐάν
87
Apollodoros explains the steps by which Athenians grant the exceptional honor of
citizenship.
88
δῶρον: take this word, along with its modifiers (καλὸν καὶ σεμνόν), as the predicate.
τὸ Ἀθηναῖον γενέσθαι: articular infinitive: “to become Athenian” means “to become a
naturalized Athenian citizen.”
ποιεῖσθαι < ποιέομαι (middle of ποιέω), which often means “to adopt”; in a transferred
sense it can mean to “adopt” someone into one’s polis, i.e., naturalize them.
89
ὅμως: some scholars think that there is a lacuna preceding ὅμως (proposing that
something like “even though you know these laws…” has fallen out); others use the
emendation ὑμεῖς δ’ ἀκούσαντες αὐτῶν βέλτιον εἴσεσθε (as does Dilts 2009).
βελτίους ἔσεσθε: it has been pointed out that this is a patronizing way of speaking to the
jury (Carey 1992: 130); Kapparis 1999: 88 therefore suggests emending the text to βέλτιον
εἴσεσθε.
λελυμασμένοι εἰσίν: perfect middle < λυμαίνω (“soil, dishonor, outrage, offend”),
periphrastic as usual for 3 pl. pf. mid.-pass. (see §48 and S. 408)
ἀνδραγαθίαν εἰς: “good services to,” see §73; ἀνδραγαθία, literally “the quality of being a
good man,” was the defining virtue that qualified one for naturalization.
κυρίαν: “valid”
ψηφίσωνται: this is the second vote to ratify the grant of citizenship; the first took place at
the previous Assembly meeting. The additional requirement of a second vote is hard to
date precisely.
κρύβδην: the use of secret ballots and urns (see below) is more typical of the courts than
the Assembly.
90
γέρρα: these are likely movable wicker fences. A plausible suggestion (Hansen 1984: 241-
47) is that they were temporary barriers set up to monitor access to the Pnyx. Only citizens
were let through at first, so that they could vote; after the vote, the barriers were taken
down and non-citizens (and other spectators) could come through to witness the
proceedings.
κύριος ὢν αὐτὸς αὑτοῦ: “being himself master of himself,” i.e., independent and free from
any pressure brought by non-citizens
σκοπῆται πρὸς αὑτόν: the prepositional phrase, to be taken closely with the verb,
intensifies the idea of introspection.
λήψεσθαι: deponent future of λαμβάνω: supply as its object δωρεάν (that is, the gift of
citizenship)
κατ’ αὐτοῦ: i.e., against the candidate for citizenship. Technically, however, the γραφή is
brought not against him but against the man who proposed that said person be given
citizenship.
ἔστιν: note the accent: here with its sense of “it is possible”; it can take a dative or (as
here) accusative of person for whom something is possible, plus infinitive.
It has happened in the past that an indictment for illegality has resulted in a recipient being
stripped of his citizenship. The law also forbids all naturalized citizens from becoming one
of the nine archons or holding priesthoods. Apollodoros says that he will next explain how
the law of naturalization came about.
91
τῶν αἰτούντων: that is, the Athenians asking that someone be made a citizen
συνέβη < συμβαίνω: used impersonally; here takes an accusative + infinitive construction
ἀφείλετο τὸ δικαστήριον: τὸ δικαστήριον is the subject; the implied object is the grant of
citizenship.
ἔργον: supply ἐστί: “it is [or would be] a lot of work to…”
Πειθόλαν…τὸν Θετταλόν: Peitholaos was the son of Jason, tyrant of Pherai in Thessaly (a
region in central Greece).
Ἀπολλωνίδην τὸν Ὀλύνθιον: Apollonides was the leader of the anti-Macedonian party
in Olynthos.
92
κειμένων: “established”
πολιτείας: “citizenship”
ὥστε…θύεσθαι: result clause after the idea of caution implied by πρόνοιαν ἐποιεῖτο
(S. 2239)
ἐξεῖναι αὐτοῖς: “that it should be possible for them,” i.e., “that they be eligible”
ἱερωσύνης μηδεμιᾶς: this seems to contradict what is said in §104 (the decree granting
the Plataians citizenship), where only access to hereditary priesthoods is restricted. It may
be that a ban on all priesthoods for naturalized citizens was enacted later than the
Plataians’ decree, or it may be that Apollodoros is simply exaggerating here.
93
πόρρωθεν προδιηγήσασθαι: ”to explain in addition from long ago,” i.e., to explain the
origins of, discuss the history of. πόρρωθεν = πρόσωθεν, “from long ago”
πρὸς οὓς διωρίσθη: “to whom it was applied.” διωρίσθη < διορίζω, “define, delimit.” The
type of men are specified in the next phrase.
ὑμᾶς...κωλύουσι κυρίους: “are preventing you from being sovereign over,” i.e., are
removing from your control.
Digression on the Plataians, 94–106. The aim of this section is to contrast the worthy grant
of citizenship to the Plataians, who risked their lives on behalf of the Athenians, with the
usurpation of citizen rights by those who didn’t deserve them. In this section, Apollodoros
draws heavily on Thucydides (History of the Peloponnesian War 2.2-6) with occasional
deviations, most of which serve either to condense the narrative or to paint the Plataians in
a flattering light. For a detailed account of how Apollodoros’ account is both similar to and
different from Thucydides’, see Kapparis 1999 ad loc. 94–103.
The Plataians helped the Athenians during the Persian Wars at the Battle of Marathon, and
assisted both the Athenians and the Spartans when Xerxes invaded Greece ten years later.
The Spartan king Pausanias, however, inscribed a monument to Apollo in which he took
sole credit for the Greeks’ victories at Salamis and Plataia.
94
Μαραθωνάδε: “to Marathon.” Marathon is a city 26 miles north of Athens. The Battle of
Marathon took place in 490 BCE, where the Athenians (with the help of the Plataians)
defeated the Persians and drove them from Greece (at least until the Persian king Xerxes
invaded in 480). The name was later borrowed by the founders of the modern Olympics for
the well-known footrace, drawing on a mythologized version of these events. [map]
Ἐρετρίας: Eretria is a city in Euboia. Along with Athens, it was targeted by the Persian
king Darius because these two cities had given aid to the Ionian Greek cities of Asia Minor
when they (unsuccessfully) revolted in 499 BCE.
ἀπέβη εἰς τὴν χώραν: “disembarked (from his ships) into (our) territory,” i.e., Attica, after
crossing the strait from Euboia. ἀπέβη < ἀπο-βαίνω
δυνάμει < δύναμις: “forces for war,” i.e., army (LSJ I.3). According to Herodotus 6.95, the
fleet sent by Darius consisted of 600 triremes.
ἐπόρθει ”began to plunder” < πορθέω; inchoative imperfect, denoting the beginning of an
action (S. 1900)
τῇ ποικίλῃ στοᾷ: the Stoa Pokile, or Painted Stoa, was built in the first half of the fifth
century in the north part of the Agora (reconstruction drawing).
γραφή: “picture,” “painting,” in this case one of the large wall frescoes that gave the
Painted Stoa its name.
δεδήλωκεν: “shows, depicts,” pf. with present meaning marking an enduring result
(S. 1946).
ὡς ἕκαστος...τάχους εἶχεν: “as much as each man abounded in speed,” i.e., as fast as
each man could go, at full speed; ἔχω + gen.: “to be well off for, abound in” (LSJ B.II.2.b).
οἱ…ἔχοντας: if the text is secure (a disputed point), this must stand in apposition to
ἕκαστος.
τὰς κυνᾶς τὰς Βοιωτίας: the distinctive Boiotian helmet was lightweight and allowed for
good visibility. A fourth century BCE example can be seen in the Ashmolean Museum,
Oxford.
95
Ξέρξου ἰόντος ἐπὶ τὴν Ἑλλάδα: Xerxes, king of Persia, was the son of Darius I. He
invaded Greece in 480 BCE.
Θερμοπύλαις: the Battle of Thermopylai took place in 480 BCE. While it saw a Persian
victory, the Greeks (led by Leonidas) performed remarkably well. Apollodoros may be
making up the Plataians’ involvement in the battle; at any rate, Herodotus does not mention
their participation (Hdt. 7.202, 222).
Ἀρτεμισίῳ: the Battle of Artemision was a series of naval engagements fought in 480 BCE.
Σαλαμῖνι: the Battle of Salamis, fought in 480 BCE, saw a decisive victory for the Greeks.
According to Herodotus, the Plataians did not participate in this battle (Hdt. 8.44.1).
96
τὴν τελευταίαν μάχην Πλαταιᾶσι: the Battle of Plataia (479 BCE) was another Greek
victory. Πλαταιᾶσι = “at Plataia,” locative (S. 341)
κατέθηκαν...εἰς κοινόν: “deposited for public use,” as if the Plataians had won the victory
as a gift to all the other Greeks. In fact, the Spartans had a key role, including overall
command under Pausanias. According to Herodotus 9.28-29, the Athenians sent
8,000 hoplites, led by Aristides, along with 600 Plataian exiles.
Παυσανίας ὁ Λακεδαιμονίων βασιλεύς: in fact, he was regent of Leonidas’ son, who was
too young to be king.
ὑβρίζειν ἐνεχείρει: “set out to insult,” referring to the events described in the next
section. ἐνεχείρει < ἐγχειρέω
οὐκ ἠγάπα: “was not content”
ἡ πόλις: Athens
ἡγεῖτο: “led,” esp. at the crucial naval battles of Artemision and Salamis. ἡγέομαι = “to be
leader for someone (+ dat.) in something (+ gen.)”
φιλοτιμίᾳ: dative of respect, “in ambition,” i.e., in asserting leadership at the Battle of
Plataia
ἵνα μὴ φθονηθῶσιν: “so that they (the Athenians) would not become the objects of ill-will.”
Athenian self-restraint is juxtaposed with the arrogance of the Spartan
Pausanias. φθονηθῶσιν < φθονέω, aor. pass. subj. 3 pl.
97
On behalf of the rest of the Greeks, the Plataians brought a suit against the Spartans,
incurring Sparta’s wrath. Fifty years later, a Spartan king attempted to seize Plataia through
the assistance of the Thebans, but the Athenians sent aid and the Thebans retreated.
98
λαγχάνουσι δίκην: despite what is said here, it is unlikely the Plataians actually brought a
lawsuit against the Spartans.
Ἀμφικτύονας: the council of the Greek Amphictyonic League, a league of Greek states
ἐν τῷ παρόντι: “at the present time” (that is, contemporaneously with the events just
mentioned). παρόντι < παρα-εἰμί
εἶχον αὐτοῖς ὅ τι χρήσωνται: “did not have a way of dealing with them [i.e., the
Plataians].” αὐτοῖς is to be taken proleptically, that is, as the object of the subordinate
clause despite its placement in the main clause (S. 2182).
ὡς πεντήκοντα: ὡς + a numeral (vel sim.) can mean “about, nearly.” See §51.
99
ἔπραξε: Archidamas is the subject. These events, highly condensed here, represent the
beginning of the Peloponnesian War. See Thucydides 2.1-6.
βοιωταρχοῦντος: being Boiotarch, a chief officer of the Boiotian confederacy (there were
seven in total)
χρήμασι: “bribes”
ὕδωρ: rainwater
100
ἄν = ἐάν
101
ἀπροφασίστως ἤδη: “without waiting now for any pretext,” implying that this had been the
intent from the start
Λοκροῖς: the Lokrians were a Greek tribe divided between East (Opuntian) and West
(Ozolian) Lokris.
Μαλιεῦσι καὶ Οἰταίοις καὶ Αἰνιᾶσιν: these were all Greek tribes. Kapparis 1999: 394: “The
land of the Malians occupied the area north of Thermopylai at the side of Spercheios down
to the sea. The Oeteans lived at the spurs of Oite south of Spercheios towards Atalante,
and the Aenianes along Othrys at the upper side of Sperchios.”
102
ἔχειν καὶ καρποῦσθαι...ἀφίστασθαι δέ: “would keep and harvest...but (must) abandon.”
Supply the Plataians as subject.
δύο ἔτη: accusative of duration of time. The manuscripts read δέκα ἔτη, but Thucydides
tells that the Plataians surrendered after a siege of two years (in 427 BCE), not ten.
103
ἀπειρήκεσαν < ἀπεῖπον, “give up,” with the sense of “be worn out” (LSJ IV.3)
διακληρωσάμενοι: Thucydides 3.20.1-2 says that the plan was for everyone to leave, but
that some men, out of fear, decided to stay.
ὕδωρ: “rain”
ἀπεσφάγησαν aor. pass. 3 pl. < ἀποσφάζω, “had their throats cut”
οἱ ἡβῶντες: “the adult males”
ὅσοι μὴ: “as many as did not,” i.e., except for those who
The Athenians gave citizenship to the surviving Plataians for their loyalty to Athens,
requiring that each Plataian be examined for eligibility and that the names of those given
citizenship be inscribed and displayed prominently. These naturalized citizens were
restricted from serving as archons or holding priesthoods.
104
ἱερῶν καὶ ὁσίων: a common idiom, roughly meaning “sacred and secular” (LSJ ἱερός II.2);
on the relationship between ἱερά and ὅσια in Athens, see Connor 1988.
μετέδοτε τῆς πολιτείας: “to give a share of citizen rights,” with τῆς πολιτείας being a
partitive genitive; cf. Thucydides, who says that the Plataians received citizenship before
427. Carey 1992: 139 suggests there were two grants, an earlier honorary one to reward
the Plataians for their service at Marathon, and a second practical one after they were
forced to flee Plataia.
πλήν: Carey 1992: 140 thinks that something is missing before πλήν, possibly along the
lines of “but not the priesthoods,” with εἴ τις ἱερωσύνη ἢ τελετή ἐστιν ἐκ γένους referring to
any hereditary priesthoods they had back in Plataia. Kapparis does not believe that
anything is missing, arguing that εἴ τις ἱερωσύνη refers to priesthoods in Athens from which
they would be barred by virtue of not belonging to a γένος (Kapparis 1999: 395-96). The
only difficulty with this interpretation is reconciling it with §106, where Apollodoros says the
Plataians were banned from all priesthoods, but as Kapparis suggests, that might be an
exaggeration.
τοῖς δ’ ἐκ τούτων: that is, their descendants can be one of the nine archons. We don’t see
here the detail we find in §92 (and §106), namely that their mother must be a citizen
married to their father, but that must be understood. The δέ here appears to be strongly
adversative (S. 2835).
μὴ εὑρομένῳ: “unless he recieves it.” This participle has conditional force, as indicated by
the use of μή instead of οὐ. For εὑρίσκω = “get, gain,” see LSJ IV.
105
ἠξίωσε: “required that,” followed by the accusative and infinitive construction after a verb of
commanding (S. 1465)
παρὰ τῇ θεῷ: that is, by the temple of the goddess Athena: namely, the Parthenon
ᾖ ἐξελέγξαι ὅτου ἂν ἕκαστος ᾖ συγγενής: “so that it might be possible to prove of whom
each man is a relative,” i.e., so people in the future could prove their citizen status by
showing kinship to one of the original Plataian grantees.
106
ὕστερον: “at a later period,” “subsequently,” take with γίγνεσθαι. The word is emphatically
placed, and in antithesis with νῦν.
οὐκ ἐᾷ γίγνεσθαι Ἀθηναῖον ἐξεῖναι: “was not allowing it to be possible...” i.e., made it
impossible. The subject for ἐᾷ is the framer of the law mentioned in 105. ἐᾷ governs the
impersonal ἐξεῖναι, which in turn governs γίγνεσθαι; take Ἀθηναῖον as the predicate,
agreeing with an understood τινά.
τὸν νόμον διωρίσατο: “defined the law,” i.e., added a qualifying proviso, described in the
next clause
ἐξ ἀστῆς γυναικὸς καὶ ἐγγυητῆς κατὰ τὸν νόμον: this stipulation is not in the decree that
Apollodoros has just quoted, though it is mentioned in §92. Perhaps the law is later.
Given that even the Plataians were rigorously scrutinized, it would be terrible to let
someone like Neaira go unpunished.
107
οὔκουν δεινόν: “is it, then, not an outrageous thing?” signalling the expected pivot to
Neaira’s case
τὴν δέ: “but this woman,” emphatic, object of ἐάσετε below (“let go unpunished”)
πεπορνευμένην: “has prostituted herself” (mid.-pass.). Note that here, for the first time,
Apollodoros uses a verb related to the noun πορνή rather than the less insulting ἑταίρα.
ὀλιγώρως: “negligently”
108
τοῖς χρωμένοις: “those who have (intimate) dealings with her,” i.e., her sexual partners.
εἶτα...ψηφιεῖσθε: ”and so, will you really vote?” εἶτα introduces an indignant rhetorical
question expecting the answer “of course not!” See LSJ II.
περίοδον: accusative following the idea of motion implied by εἰργασμένην (that is, she
moved around while working): see Kapparis 1999: 402.
109
διαπεπρᾶχθαι...εἶναι: “that you have done...that you are,” infin. in indirect statement after
φήσετε, with the same subject
ἔνοχοι: “liable to the imputation of/penalty for” (+ dat.); predicate adjective agreeing with
understood “you (pl.)”
τὰ μὲν ἀδικήματα ταύτης ἦν, ἡ δ᾽ ἀμέλεια τῆς πόλεως: “the misdeeds were this
woman’s, the city’s the negligence,” i.e., the misdeeds belonged to this woman (alone), and
the city’s misdeed was merely negligence. ταύτης…πόλεως: both are possessive
genitives.
εἶχον ὅ τι χρήσαιντο αὐτῇ: “did not have a way of dealing with her.” For this idiom,
see §98.
Apollodoros asks the jurors how, if they acquitted Neaira, they would explain their decision
to their wives, daughters, and mothers.
110
τῷ = τινί, “trying whom?” (dative governed by implied ἐδικάζομεν)
111
112
παντελῶς: Dilts 2009 brackets this word as unnecessary after κομιδῇ, following Schaefer.
οὗ ἂν τύχωσιν: that is, the women say that the children are born to whatever men they
(the women) happen upon.
ὥστε…σκοπεῖτε: with an imperative, ὥστε has the force of καὶ οὕτως (S. 2275).
The jurors should convict Neaira in order to prevent poor citizen women from turning to
prostitution, and to prevent prostitutes from exercising the rights of citizens.
113
ἱκανὴν προῖκ’: Patteson 1978: 113 takes this as the literal dowry provided by the nearest
male relative (if he doesn’t marry her himself) for an ἐπίκληρος (“heiress”) of the poorest
class. More likely, however, is the interpretation of Carey 1992: 143 and Kapparis 1999:
407, both of whom think that it is a metaphorical dowry, namely the right to marry an
Athenian citizen. As long as the law remains in force, being the daughter of citizens makes
one more marriageable, like a dowry.
ἀποφυγούσης < ἀποφεύγω
ἂν ἄδειαν λάβωσι τοῦ ἐξεῖναι: “if they should get permission to be able,” i.e., if they are
allowed
114
ὥστε: at the beginning of a sentence ὥστε marks a strong conclusion: “and so...”
νομιζέτω...φέρειν: “let him consider (which way) to cast,” 3rd sing. imperat.
τῇ…συγγεγενημένῃ: “a woman who has had sex with” + dat.; this is all one very long
substantive phrase.
μετὰ πολλῶν καὶ ἀσελγῶν τρόπων: “in many vulgar ways,” see §108 note
on εἰργασμένην.
115
Ἀπολλόδωρον...πολίτας: predicates
ἀπολογησομένους καὶ συνεροῦντας: both these participles are future; συνεροῦντας <
συναγορεύω
τοὺς νόμους καὶ Νέαιραν ταυτηνί: take these as the subject of δικάζεσθαι; the laws here
are personified.
ἐπὶ τῆς κατηγορίας γένησθε: “you are in the presence of the accusation,” i.e., “listen to
the accusation”
ὁμωμόκατε < ὅμνυμι. This refers to the oath that all prospective jurors swore at the
beginning of each year, stating that they would vote according to the laws, and in cases
where laws didn’t exist, they would give an opinion rooted in justice.
τί κελεύουσι καὶ τί παραβεβήκασιν: the subject of the first verb is the laws, the second is
implied, namely Stephanos and Neaira.
τὸν ἔλεγχον τὸν τῶν εἰρημένων: “the scrutiny of what has been said,” i.e., the refutations
consisting in the testimony already given. Explanatory genitive, S. 1322
A noble man named Archias was recently convicted of making an illegal sacrifice. Even
more so should Neaira be punished for her impiety. Apollodoros speculates about what the
other side will argue as its defense, countering each potential argument.
116
Ἀρχίαν: Archias tried to warn the Theban oligarchs about a plot by Theban exiles in Athens
to liberate Thebes (379 BCE). This made him an unpopular figure in Athens and may have
contributed to his prosecution on the (unrelated) charge described here.
ἱεροφάντην: the Hierophant was the chief priest of Demeter at Eleusis and played an
important role in the Eleusinian Mysteries.
Ἁλῴοις: the Haloa was a women’s festival in honor of Demeter, Persephone, and (most
likely) Dionysos, celebrated in Eleusis on the twenty-sixth of Poseideon
(December/January).
117
Εὐμολπιδῶν: the Eumolpidai were a prominent γένος from which the Hierophant was
chosen.
ὅτι: “because”
τὸν αὐτὸν θεόν: i.e., Dionysos (who was connected with both the Haloa and the
Anthesteria, where Phano was “married” to the god).
118
πότερον ὡς: “perhaps (they will say) that...” πότερον indicates that this is the first of two
alternatives, the other being οὐ γυναῖκα εἶναι αὐτοῦ, below.
οὐ γυναῖκα εἶναι αὐτοῦ, ἀλλὰ παλλακὴν ἔχειν ἔνδον: this will apparently be Stephanos’
defense. A παλλακή is a concubine; it was permissible for a man to have a live-in
παλλακή (of any status) to whom he was not married.
119
ὡς ἔστιν ἀστὴ Νέαιρα αὑτηί: this stands roughly in apposition to ὡς…μεμαρτυρημένα and
has the force of a clarification or explanation; it can be translated as “namely, that…”
αὐτὸν τοιοῦτόν τι μέλλειν ἀπολογεῖσθαι, ὡς: “that he will argue in his defense
something like this, that...”
120
πρόκλησιν: for challenges, see §60. This is a πρόκλησις εἰς βάσανον. If a litigant wanted
to introduce the evidence of slaves (his own or his opponents) into court, he issued a
challenge either offering his own slaves or requesting his opponents’ slaves for
interrogation under torture (βάσανος). The other party could accept or reject the challenge,
or make a counter-challenge offering different slaves or different conditions. When the two
parties reached an agreement, the slave was interrogated in the owner’s presence by the
litigant who was not the owner. However, although we have evidence for people making
challenges, there is no evidence for it actually being carried out. As such, many scholars
conclude that it rarely, if ever, occurred in practice.
προὐκαλεσάμην: this is Rennie’s emendation; Dilts 2009 prints the MSS reading
προεκαλεσάμην, with no change in meaning.
παραδοῦναι: “to hand over (for interrogation under torture)” (LSJ παραδίδωμι I.A.3).
βασανόυ: interrogation under torture; see §120. Slaves’ testimony could be given only
under torture.
122
τὰς μὲν γὰρ ἑταίρας…ἔχειν: this is a well-known passage, often studied by scholars
interested in sex and gender in ancient Greece. It should be noted that these definitions are
rhetorical, not technical or legal.
ὥστ’: at the beginning of a sentence ὥστε marks a strong conclusion: “and so...”
Apollodoros has read aloud a deposition attesting that he issued the challenge to
Stephanos, as well as the challenge itself.
123
ἀναγνώσεται: ”will read aloud” < ἀναγιγνώσκω; supply as subject the clerk in the
courtroom.
124
περὶ ὧν τὴν γραφὴν γέγραπται Νέαιραν: technically speaking this is inaccurate: it was
Theomnestos, not Apollodoros, who brought the γραφή. It is possible, however, that
Apollodoros originally brought the suit and then dropped it, leaving Theomnestos to bring it
instead (Carey 1992: 150); or it is possible that the language is being used loosely here of
Apollodoros’ prominent role in the suit.
ἐφ᾽ ᾧ: “for the purpose of”; takes an infinitive in a proviso clause (S. 2279)
εἰ μὲν ὁμολογοῖεν…τούτους τοὺς παῖδας: this seems to contradict Apollodoros’ earlier
argument, that the children were Neaira’s and not Stephanos’. While attempts have been
made to emend the text, Patteson suggests that Apollodoros simply wanted to cover all
possibilities (1978: 142-43). Carey 1992: 150, in turn, suggests that Apollodoros may have
changed his strategy.
ἤθελον: note the switch to the first person from the third; this may simply be carelessness
on Apollodoros’ part, or may indicate (among other things, listed above) that this document
is a later forgery.
Stephanos refused to accept the challenge, which Apollodoros says is proof of Neaira’s
guilt. In the concluding paragraph, Apollodoros presents himself as an avenger of both the
gods and himself, and tells the jurors that they should likewise avenge the gods and
themselves by convicting Neaira.
125
οὐδὲν ὑγιὲς λέγει: “gives no logically sound argument” (LSJ ὑγιής II.4)
126
Conclusion (ἐπίλογος)