First speech for the Prosecution
1
Cases in which the facts are agreed upon are settled in advance either by the law or by the statutes of the Assembly, which between them control every branch of civic life. But should matter for dispute occur, it is your task, gentlemen, to give a decision. However, I do not imagine that any dispute will in fact arise between the defendant and myself. My son was struck in the side by a javelin thrown by yonder lad in the gymnasium, and died instantly.
2
I accuse him not of killing my son deliberately, but of killing him by accident—though the loss which I have suffered is not thereby lessened. But if he has not caused the dead boy himself disquiet, he has caused disquiet to the livingFor ἐνθύμιος see General Introduction.; and I ask you to pity that dead boy’s childless parents: to show your sorrow for his own untimely end: to forbid his slayer to set foot where he is forbidden to set foot by the lawSee Antiph. 6.34 ff., On the Choreutes, for the meaning of εἴργεσθαι τῶν νομίμων.: and to refuse to allow him to defile the whole city.
Reply to a Charge of Accidental Homicide
1
I now see that sheer misfortune and necessity can force those who hate litigation to appear in court and those who love peace to show boldnessFor τολμᾶν used absolutely in this sense cf. Antiph. 3.3.2. and generally belie their nature in word and deed; for I myself, who, unless I am sorely mistaken, am very far from finding or wanting to find such a task congenial, have today been forced by sheer misfortune to depart from my habits and appear as defendant in a case in which I found it hard enough to arrive at the exact truth, but which leaves me still more perplexed when I consider how I should present it to you.
