Greek Texts & Translations

59.84To prove the truth of these statements of mine, I will call before you as witness to these facts Theogenes himself, and will compel him to testify.

Call, please, Theogenes of Erchia. ^noteDeposition

Theogenes of Erchia deposes that when he was king he married Phano, believing her to be the daughter of Stephanus, and that, when he found he had been deceived, he cast the woman away and ceased to live with her, and that he expelled Stephanus from his post of assessor, and no longer allowed him to serve in that capacity. 59.85Now take, please, the law bearing upon these matters, and read it; for I would have you know that a woman of her character, who has done what she has done, ought not only to have kept aloof from these sacred rites, to have abstained from beholding them, from offering sacrifices, and from performing on the city's behalf any of the ancestral rites which usage demands, but that she should have been excluded also from all other religious ceremonials in Athens. For a woman who has been taken in adultery is not permitted to attend any of the public sacrifices, although the laws have given both to the alien woman and the slave the right to attend these, whether to view the spectacle or to offer prayer. 59.86No; it is to these women alone that the law denies entrance to our public sacrifices, to these, I mean, who have been taken in adultery; and if they do attend them and defy the law, any person whatsoever may at will inflict upon them any sort of punishment, save only death, and that with impunity; and the law has given the right of punishing these women to any person who happens to meet with them. It is for this reason that the law has declared that such a woman may suffer any outrage short of death without the right of seeking redress before any tribunal whatsoever, that our sanctuaries may be kept free from all pollution and profanation, and that our women may be inspired with a fear sufficient to make them live soberly, and avoid all vice, and, as their duty is, to keep to their household tasks. For it teaches them that, if a woman is guilty of any such sin, she will be an outcast from her husband's home and from the sanctuaries of the city.

59.87That this is so, you will see clearly, when you have heard the law read.

Take it please.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.

59.88I 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. 59.89However, 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. 59.90And the law requires the presidents ^note 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 ^note 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.