Published online by Cambridge University Press: 26 September 2011
Around 340 BC, Theomnestus, son of Deinias, from the deme Athmonon, prosecuted the alleged hetaira Neaira for living in marriage with Stephanus, from the deme Eroeadae, breaching the law that prohibited xenoi from feigning lawful marriage with Athenian citizens ([Dem.] 59). Under this law (59.16), foreigners who married an Athenian citizen were liable to enslavement and confiscation of property – the penalty for conviction for illegal exercise of citizen rights. Although Theomnestus is the formal prosecutor, most of the case is presented by his kinsman and supporting speaker Apollodorus, elder son of the well-known wealthy Athenian banker and former slave Pasion. It might seem incongruous that he, the son of a newly made citizen with foreign and servile origins, invoking the most sacred of Athenian laws, appeals to the Athenians to guard the purity of their citizen body. However, while Apollodorus undeniably had a hidden agenda in bringing a prosecution against Neaira, it is not surprising that false claim to and debasement of citizen status should be a source of resentment for new citizens such as he, who were anxious to protect their hard-earned privilege.
* I would like to thank Dr. Paul Millett, Prof. Arjan Zuiderhoek, and an anonymous reviewer for commenting on earlier versions of this article.