Thesauros Literature Oratory Περὶ τοῦ Ἡρῷδου φόνου

Περὶ τοῦ Ἡρῷδου φόνου

Περὶ τοῦ Ἡρῷδου φόνου Antiphon ca. 480-411 B.C
48 Why, even slaves who have murdered their masters and been caught red-handed are not put to death by the victim’s own relatives; they are handed over to the authorities as the ancient laws of your country ordain. If it is a fact that a slave is allowed to give evidence that a free man is guilty of murder, if a master can seek vengeance for the murder of his slave, should he see fit, and if a court can sentence the murderer of a slave as effectively as it can the murderer of a free man,i.e., (1) The slave could have been cited as a witness in court. (2) It is a criminal offence to put to death a slave belonging to someone else. (3) Anyone who commits such an act can be prosecuted for murder. (2) is of course a deliberate distortion of the facts, as the slave in question had become the property of the prosecution by purchase (cf. 47); and with it (3) loses its force. it follows that the slave in question should have had a public trial, instead of being put to death by you without a hearing. Thus it is you who deserve to be on trial far rather than I, who am being accused this day so undeservedly.
49 And now, gentlemen, consider further the statements of the two witnesses tortured. What are the fair and reasonable conclusions to be drawn from them? The slave gave two accounts: at one time he maintained that I was guilty, at another that I was not.

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