---
title: "On the Murder of Herodes · Περὶ τοῦ Ἡρῷδου φόνου"
author: "Antiphon"
translator: "Kenneth John Maidment"
languages: [grc, en]
shelf: "Classical Greek"
section: 2 of 2
url: https://scriptura.si/works/antiphon-on-the-murder-of-herodes/2/
cite: "Antiphon, tr. Kenneth John Maidment, On the Murder of Herodes · Περὶ τοῦ Ἡρῷδου φόνου, section 2. Scriptura (scriptura.si), https://scriptura.si/works/antiphon-on-the-murder-of-herodes/2/"
---

# On the Murder of Herodes · Περὶ τοῦ Ἡρῷδου φόνου

*Antiphon, tr. Kenneth John Maidment*

A man from Mytilene accused of killing a fellow passenger who vanished at a harbour.

> Greek: ed. Kenneth John Maidment, from the Perseus Digital Library (canonical-greekLit, tlg0028.tlg005, CC BY-SA 4.0).

> English: Kenneth John Maidment, from the Perseus Digital Library (tlg0028.tlg005.perseus-eng2). Notes are not included.

> Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence.

## 2. Sections 51–96

Source: https://scriptura.si/works/antiphon-on-the-murder-of-herodes/2/ · cite a paragraph as https://scriptura.si/works/antiphon-on-the-murder-of-herodes/2/#p-N

[¶0] 51. Then again, of the slave’s statements half are in favor of one side, half in favor of the other: his affirmations support my accusers, and his denials support me. [; Similarly with the combined statements of both the witnesses examined: the one affirmed, and the other consistently denied.]; But I need not point out that any equal division is to the advantage of the defence rather than the prosecution, in view of the fact that an equal division of the votes of the jury similarly benefits the defence rather than the prosecution.

> Greek: 51. ἔπειτα δὲ καὶ ἐκ τῶν λόγων τῶν τοῦ ἀνθρώπου μερὶς ἑκατέροις ἴση ἂν εἴη, μὲν τὸ φάσκειν, ἐμοὶ δὲ τὸ μὴ φάσκειν· ⟨ἔκ τε ἀμφοῖν τοῖν ἀνδροῖν τοῖν βασανισθέντοιν· ὁ μὲν γὰρ ἔφησεν, ὁ δὲ διὰ τέλους ἔξαρνος ἦν.⟩ καὶ μὲν δὴ τὰ ἐξ ἴσου γενόμενα τοῦ φεύγοντός ἐστι μᾶλλον ἢ τοῦ διώκοντος, εἴπερ γε καὶ τῶν ψήφων ὁ ἀριθμὸς ἐξ ἴσου γενόμενος τὸν φεύγοντα μᾶλλον ὠφελεῖ ἢ τὸν διώκοντα.

[¶1] 52. Such was the examination under torture on which the prosecution rely, gentlemen, when they say that they are convinced that I am the murderer of Herodes. Yet if I had had anything whatsoever on my conscience, if I had committed a crime of this kind, I should have got rid of both witnesses while I had the opportunity, either by taking them with me to Aenus or by shipping them to the mainland. I should not have left the men who knew the truth behind to inform against me.

> Greek: 52. ἡ μὲν βάσανος, ὦ ἄνδρες, τοιαύτη ἐγένετο, ᾗ οὗτοι πιστεύοντες εὖ εἰδέναι φασὶν ὑπʼ ἐμοῦ ἀποθανόντα τὸν ἄνδρα. καίτοι τὸ παράπαν ἔγωγʼ ἂν εἴ τι συνῄδη ἐμαυτῷ καὶ εἴ τί μοι τοιοῦτον εἴργαστο, ἠφάνισʼ ἂν τὼ ἀνθρώπω, ὅτε ἐπʼ ἐμοὶ ἦν τοῦτο μὲν εἰς τὴν Αἶνον ἀπάγειν ἅμα ἐμοί, τοῦτο δὲ εἰς τὴν ἤπειρον διαβιβάσαι, καὶ μὴ ὑπολείπεσθαι μηνυτὰς κατʼ ἐμαυτοῦ τοὺς συνειδότας.

[¶2] 53. The prosecution further allege that they discovered on board a note stating that I had killed Herodes, which I had intended to send to Lycinus. But what need had I to send a note, when the bearer himself was my accomplice? Not only would he, as one of the murderers, have told the story more clearly in his own words, but it would have been quite unnecessary to conceal the message from him, and it is essentially messages which cannot be disclosed to the bearer that are sent in writing.

> Greek: 53. φασὶ δὲ γραμματείδιον εὑρεῖν ἐν τῷ πλοίῳ, ὃ ἔπεμπον ἐγὼ Λυκίνῳ, ὡς ἀποκτείναιμι τὸν ἄνδρα. καίτοι τί ἔδει με γραμματείδιον πέμπειν, αὐτοῦ συνειδότος τοῦ τὸ γραμματείδιον φέροντος; ὥστε τοῦτο μὲν σαφέστερον αὐτὸς ἔμελλεν ἐρεῖν ὁ εἰργασμένος, τοῦτο δὲ οὐδὲν ἔδει κρύπτειν αὐτόν· ἃ γὰρ μὴ οἷόν τε εἰδέναι τὸν φέροντα, ταῦτʼ ἄν τις μάλιστα συγγράψας πέμψειεν.

[¶3] 54. Then again, an extensive message would have had to be written down, as its length would have prevented the bearer remembering it. But this one was brief enough to deliver—“The man is dead.” Moreover, bear in mind that the note contradicted the slave tortured, and the slave the note. The slave stated under torture that he had committed the murder himself, whereas the note when opened revealed the fact that I was the murderer.

> Greek: 54. ἔπειτα δὲ ὅ τι μὲν μακρὸν εἴη πρᾶγμα, τοῦτο μὲν ἄν τις ἀναγκασθείη γράψαι τῷ μὴ διαμνημονεύειν τὸν ἀπαγγέλλοντα ὑπὸ πλήθους. τοῦτο δὲ βραχὺ ἦν ἀπαγγεῖλαι, ὅτι τέθνηκεν ὁ ἀνήρ. ἔπειτα ἐνθυμεῖσθε ὅτι διάφορον ἦν τὸ γραμματείδιον τῷ βασανισθέντι, διάφορος δʼ ὁ ἄνθρωπος τῷ γραμματειδίῳ. ὁ μὲν γὰρ βασανιζόμενος αὐτὸς ἔφη ἀποκτεῖναι, τὸ δὲ γραμματείδιον ἀνοιχθὲν ἐμὲ τὸν ἀποκτείναντα ἐμήνυεν.

[¶4] 55. Which are we to believe? The prosecution discovered the note on board only during a second search, not during their first one; they had not hit on the idea at the time. It was not until the first witness had said nothing to incriminate me when tortured that they dropped the note in the boat, in order to have that, if nothing else, as a ground for accusing me.

> Greek: 55. καίτοι ποτέρῳ χρὴ πιστεῦσαι; τὸ μὲν γὰρ πρῶτον οὐχ ηὗρον ἐν τῷ πλοίῳ ζητοῦντες τὸ γραμματείδιον, ὕστερον δέ. τότε μὲν γὰρ οὔπω οὕτως ἐμεμηχάνητο αὐτοῖς. ἐπειδὴ δὲ ὁ ἄνθρωπος ὁ πρότερος βασανισθεὶς οὐδὲν ἔλεγε κατʼ ἐμοῦ, τότε εἰσβάλλουσιν εἰς τὸ πλοῖον τὸ γραμματείδιον, ἵνα ταύτην ἔχοιεν ἐμοὶ τὴν αἰτίαν ἐπιφέρειν·

[¶5] 56. Then, once the note had been read and the second witness, when tortured, persisted in disagreeing with the note, it was impossible to spirit away the message read from it. Needless to say, had the prosecution supposed that they would induce the slave to lie about me immediately, they would never have devised the message contained in the note. Call me witnesses to confirm these facts.

> Greek: 56. ἐπειδὴ δʼ ἀνεγνώσθη τὸ γραμματείδιον καὶ ὁ ὕστερος βασανιζόμενος οὐ συνεφέρετο τῷ γραμματειδίῳ, οὐκέθʼ οἷόν τʼ ἦν ἀφανίσαι τὰ ἀναγνωσθέντα. εἰ γὰρ ἡγήσαντο τὸν ἄνδρα πείσειν ἀπὸ πρώτης καταψεύδεσθαί μου, οὐκ ἄν ποτʼ ἐμηχανήσαντο τὰ ἐν τῷ γραμματειδίῳ. καί μοι μάρτυρας τούτων κάλει.

[¶6] 57. Witnesses Now what was my motive in murdering Herodes? For there was not even any bad feeling between us. The prosecution have the audacity to suggest that I murdered him as a favor. But who has ever turned murderer to oblige a friend? No one, I am sure. The bitterest feeling has to exist before murder is committed, while the growth of the design is always abundantly manifest. And, as I said, between Herodes and myself there was no bad feeling.

> Greek: 57. Μάρτυρες τίνος γε δὴ ἕνεκα τὸν ἄνδρα ἀπέκτεινα; οὐδὲ γὰρ ἔχθρα οὐδεμία ἦν ἐμοὶ κἀκείνῳ. λέγειν δὲ τολμῶσιν ὡς ἐγὼ χάριτι τὸν ἄνδρα ἔκτεινα. καὶ τίς πώποτε χαριζόμενος ἑτέρῳ τοῦτο εἰργάσατο; οἶμαι μὲν γὰρ οὐδένα, ἀλλὰ δεῖ μεγάλην τὴν ἔχθραν ὑπάρχειν τῷ τοῦτο μέλλοντι ποιήσειν, καὶ τὴν πρόνοιαν ἐκ πολλῶν εἶναι φανερὰν ἐπιβουλευομένην. ἐμοὶ δὲ κἀκείνῳ οὐκ ἦν ἔχθρα οὐδεμία.

[¶7] 58. Well and good. Then was it that I was afraid of being murdered by him myself? A motive of that kind might well drive a man to the deed. No, I had no such fears with regard to him. Then was I going to enrich myself by the murder? No, he had no money.

> Greek: 58. εἶεν, ἀλλὰ δείσας περὶ ἐμαυτοῦ μὴ αὐτὸς παρʼ ἐκείνου τοῦτο πάθοιμι; καὶ γὰρ ἂν τῶν τοιούτων ἕνεκά τις ἀναγκασθείη τοῦτο ἐργάσασθαι. ἀλλʼ οὐδέν μοι τοιοῦτον ὑπῆρκτο εἰς αὐτόν. ἀλλὰ χρήματα ἔμελλον λήψεσθαι ἀποκτείνας αὐτόν; ἀλλʼ οὐκ ἦν αὐτῷ.

[¶8] 59. Indeed, it would be more intelligible and nearer the truth for me to maintain that money was at the bottom of your own attempt to secure my death than it is for you to suggest it as my motive in murdering Herodes. You yourself deserve to be convicted of murder by my relatives for killing me far more than I by you and the family of Herodes. Of your designs on my life I have clear proof: whereas you, in seeking to make an end of me, produce only a tale of which proof is impossible.

> Greek: 59. ἀλλὰ σοὶ μᾶλλον ἐγὼ τὴν πρόφασιν ταύτην ἔχοιμʼ ἂν εἰκότως μετὰ τῆς ἀληθείας ἀναθεῖναι, ὅτι χρημάτων ἕνεκα ζητεῖς ἐμὲ ἀποκτεῖναι, μᾶλλον ἢ σὺ ἐμοὶ ἐκεῖνον· καὶ πολὺ ἂν δικαιότερον ἁλοίης σὺ φόνου ἐμὲ ἀποκτείνας ὑπὸ τῶν ἐμοὶ προσηκόντων, ἢ ἐγὼ ὑπὸ σοῦ καὶ τῶν ἐκείνου ἀναγκαίων. ἐγὼ μὲν γὰρ σοῦ φανερὰν τὴν πρόνοιαν εἰς ἐμὲ ἀποδείκνυμι, σὺ δʼ ἐμὲ ἐν ἀφανεῖ λόγῳ ζητεῖς ἀπολέσαι.

[¶9] 60. I assure you that I personally can have had no motive for murdering Herodes; but I must apparently clear Lycinus as well as myself by showing the absurdity of the charge in his case also. I assure you that his position with regard to Herodes was the same as my own. He had no means of enriching himself by the murder; and there was no danger from which the death of Herodes released him.

> Greek: 60. ταῦτα μὲν ὑμῖν λέγω, ὡς αὐτῷ μοι πρόφασιν οὐδεμίαν εἶχε τἀποκτεῖναι τὸν ἄνδρα· δεῖ δέ με καὶ ὑπὲρ Λυκίνου ἀπολογήσασθαι, ὡς ἔοικεν, ἀλλʼ οὐχ ὑπὲρ αὑτοῦ μόνον, ὡς οὐδʼ ἐκεῖνον εἰκότως αἰτιῶνται. λέγω τοίνυν ὑμῖν ὅτι ταὐτὰ ὑπῆρχεν αὐτῷ εἰς ἐκεῖνον ἅπερ ἐμοί· οὔτε γὰρ χρήματα ἦν αὐτῷ ὁπόθεν ἂν ἔλαβεν ἀποκτείνας ἐκεῖνον, οὔτε κίνδυνος αὐτῷ ὑπῆρχεν οὐδεὶς ὅντινα διέφευγεν ἀποθανόντος ἐκείνου.

[¶10] 61. Further, the following consideration indicates most strikingly that he did not desire his death: had redress for some old injury been owing to Lycinus, he could have brought Herodes into court on a charge which endangered his life, and have enlisted the help of your laws in making an end of him. By proving him a criminal he could have gained both his own object and your city’s gratitude. This he did not trouble to do: he did not even attempt to institute proceedings against him, in spite of the fact that he was running a more honorable risk by bringing Herodes into court than by engaging me to murder him. Call me witnesses to confirm these facts.

> Greek: 61. τεκμήριον δὲ μέγιστον ὡς οὐκ ἐβούλετο αὐτὸν ἀπολέσαι. ἐξὸν γὰρ αὐτῷ ἐν ἀγῶνι καὶ κινδύνῳ μεγάλῳ καταστήσαντι μετὰ τῶν νόμων τῶν ὑμετέρων ἀπολέσαι ἐκεῖνον, εἴπερ προωφείλετο αὐτῷ κακόν, καὶ τό τε ἴδιον τὸ αὑτοῦ διαπράξασθαι καὶ τῇ πόλει τῇ ὑμετέρᾳ χάριν καταθέσθαι, εἰ ἐπέδειξεν ἀδικοῦντα ἐκεῖνον, οὐκ ἠξίωσεν, ἀλλʼ οὐδʼ ἦλθεν ἐπὶ τοῦτον. καίτοι καλλίων γε ἦν ὁ κίνδυνος αὐτῷ … Μάρτυρες ἀλλὰ γὰρ ἐνταῦθα μὲν ἀφῆκεν αὐτόν·

[¶11] 62. Witnesses So we are to understand that Lycinus left Herodes in peace as far as an action at law was concerned, and instead chose the one course which was bound to endanger both himself and me, that of plotting his death, notwithstanding the fact that, if discovered, he would have deprived me of my country and himself of his rights before heaven and mankind, and of all that men hold most sacred and most precious. I will go further: I will adopt the standpoint of the prosecution: I will admit as readily as you like that Lycinus did desire the death of Herodes. Does it follow that I should ever have been induced to perform in his stead a deed which he refused to commit with his own hand?

> Greek: 62. οὗ δὲ ἔδει κινδυνεύειν αὐτὸν περί τε αὑτοῦ καὶ περὶ ἐμοῦ, ἐνταῦθα δʼ ἐπεβούλευεν, ἐν ᾧ γνωσθεὶς ἂν ἀπεστέρει μὲν ἐμὲ τῆς πατρίδος, ἀπεστέρει δὲ αὑτὸν ἱερῶν καὶ ὁσίων καὶ τῶν ἄλλων ἅπερ μέγιστα καὶ περὶ πλείστου ἐστὶν ἀνθρώποις. ἔπειτα δʼ εἰ καὶ ὡς μάλιστα ἐβούλετο αὐτὸν ὁ Λυκῖνος τεθνάναι—εἶμι γὰρ καὶ ἐπὶ τὸν τῶν κατηγόρων λόγον,—οὗ αὐτὸς οὐκ ἠξίου αὐτόχειρ γενέσθαι, τοῦτο τὸ ἔργον ἐγώ ποτʼ ἂν ἐπείσθην ἀντʼ ἐκείνου ποιῆσαι;

[¶12] 63. Was I, for instance, in a position to risk my life, and he in a position to hire me to do so? No, I had money, and he had none. On the contrary, the probabilities show that he would have been induced to commit the crime by me sooner than I by him; for even after suffering an execution for a debt of seven minae, he could not release himself from prison: his friends had to purchase his release. In fact, this affords the clearest indication of the relations between Lycinus and myself; it shows that my friendship with him was hardly close enough to make me willing to satisfy his every wish. I cannot suppose that I braved the enormous risk which murder involved to oblige him, after refusing to pay off seven minae for him when he was suffering the hardships of imprisonment.

> Greek: 63. πότερα ὡς ἐγὼ μὲν ἦ τῷ σώματι ἐπιτήδειος διακινδυνεύειν, ἐκεῖνος δὲ χρήμασι τὸν ἐμὸν κίνδυνον ἐκπρίασθαι; οὐ δῆτα· τῷ μὲν γὰρ οὐκ ἦν χρήματα, ἐμοὶ δὲ ἦν· ἀλλʼ αὐτὸ τὸ ἐναντίον ἐκεῖνος τοῦτο θᾶσσον ἂν ὑπʼ ἐμοῦ ἐπείσθη κατά γε τὸ εἰκὸς ἢ ἐγὼ ὑπὸ τούτου, ἐπεὶ ἐκεῖνός γʼ ἑαυτὸν οὐδʼ ὑπερήμερον γενόμενον ἑπτὰ μνῶν δυνατὸς ἦν λύσασθαι, ἀλλʼ οἱ φίλοι αὐτὸν ἐλύσαντο. καὶ μὲν δὴ καὶ τῆς χρείας τῆς ἐμῆς καὶ τῆς Λυκίνου τοῦτο ὑμῖν μέγιστον τεκμήριόν ἐστιν, ὅτι οὐ σφόδρα ἐχρώμην ἐγὼ Λυκίνῳ φίλῳ, ὡς πάντα ποιῆσαι ἂν τὰ ἐκείνῳ δοκοῦντα· οὐ γὰρ δήπου ἑπτὰ μὲν μνᾶς οὐκ ἀπέτεισα ὑπὲρ αὐτοῦ δεδεμένου καὶ λυμαινομένου, κίνδυνον δὲ τοσοῦτον ἀράμενος ἄνδρα ἀπέκτεινα διʼ ἐκεῖνον.

[¶13] 64. I have proved, then, to the best of my ability that both Lycinus and I are innocent. However, the prosecution make endless play with the argument that Herodes has disappeared; and doubtless it is a fact which you want explained. Now if it is conjecture which is expected of me, you are just as capable of it as I am—we are both alike innocent of the crime; on the other hand, if it is the truth, the prosecution must ask one of the criminals: he would best be able to satisfy them.

> Greek: 64. ὡς μὲν οὖν οὐκ αὐτὸς αἴτιός εἰμι τοῦ πράγματος οὐδὲ ἐκεῖνος, ἀποδέδεικται καθʼ ὅσον ἐγὼ δύναμαι μάλιστα. τούτῳ δὲ χρῶνται πλείστῳ ⟨τῷ⟩ λόγῳ οἱ κατήγοροι, ὅτι ἀφανής ἐστιν ὁ ἀνήρ, καὶ ὑμεῖς ἴσως περὶ τούτου αὐτοῦ ποθεῖτε ἀκοῦσαι. εἰ μὲν οὖν τοῦτο εἰκάζειν με δεῖ, ἐξ ἴσου τοῦτό ἐστι καὶ ὑμῖν καὶ ἐμοί· οὔτε γὰρ ὑμεῖς αἴτιοι τοῦ ἔργου ἐστὲ οὔτε ἐγώ· εἰ δὲ δεῖ τοῖς ἀληθέσι χρῆσθαι, τῶν εἰργασμένων τινὰ ἐρωτώντων· ἐκείνου γὰρ ἄριστʼ ἂν πύθοιντο.

[¶14] 65. The utmost that I who am not guilty can reply is that I am not guilty; whereas the criminal can easily reveal the facts, or at least make a good guess. Criminals no sooner commit a crime than they invent an explanation to suit it; on the other hand, an innocent man can scarcely guess the answer to what is a mystery to him. Each of you yourselves, I am sure, if asked something which he did not happen to know, would simply reply to that effect; and if told to say more, you would find yourselves, I think, in a serious difficulty.

> Greek: 65. ἐμοὶ μὲν γὰρ τῷ μὴ εἰργασμένῳ τοσοῦτον τὸ μακρότατον τῆς ἀποκρίσεώς ἐστιν, ὅτι οὐκ εἴργασμαι· τῷ δὲ ποιήσαντι ῥᾳδία ἐστὶν ἡ ἀπόδειξις, καὶ μὴ ἀποδείξαντι εὖ εἰκάσαι. οἱ μὲν γὰρ πανουργοῦντες ἅμα τε πανουργοῦσι καὶ πρόφασιν εὑρίσκουσι τοῦ ἀδικήματος· τῷ δὲ μὴ εἰργασμένῳ χαλεπὸν περὶ τῶν ἀφανῶν εἰκάζειν. οἶμαι δʼ ἂν καὶ ὑμῶν ἕκαστον, εἴ τίς τινα ἔροιτο ὅ τι μὴ τύχοι εἰδώς, τοσοῦτον ἂν εἰπεῖν, ὅτι οὐκ οἶδεν. εἰ δέ τις περαιτέρω τι κελεύοι λέγειν, ἐν πολλῇ ἂν ἔχεσθαι ὑμᾶς ἀπορίᾳ δοκῶ.

[¶15] 66. So do not present me with a difficulty which you yourselves would not find easy of solution. Furthermore, do not make my acquittal depend on my making plausible conjectures. Let it be enough for me to prove my innocence of the crime; and that depends not upon my discovering how Herodes disappeared or met his end, but upon my possessing no motive whatever for murdering him.

> Greek: 66. μὴ τοίνυν ἐμοὶ νείμητε τὸ ἄπορον τοῦτο, ἐν ᾧ μηδʼ ἂν αὐτοὶ εὐποροῖτε· μηδʼ ἐὰν εὖ εἰκάζω, ἐν τούτῳ μοι ἀξιοῦτε τὴν ἀπόφευξιν εἶναι, ἀλλʼ ἐξαρκείτω μοι ἐμαυτὸν ἀναίτιον ἀποδεῖξαι τοῦ πράγματος. ἐν τούτῳ οὖν ἀναίτιός εἰμι, οὐκ ἐὰν ⟨μὴ⟩ ἐξεύρω ὅτῳ τρόπῳ ἀφανής ἐστιν ἢ ἀπόλωλεν ἁνήρ, ἀλλʼ εἰ μὴ προσήκει μοι μηδὲν ὥστʼ ἀποκτεῖναι αὐτόν.

[¶16] 67. As I know from report, there have been similar cases in the past, when sometimes the victim, sometimes the murderer, has not been traced; it would be unfair, were those who had been in their company held responsible. Many, again, have been accused before now of the crimes of others, and have lost their lives before the truth became known.

> Greek: 67. ἤδη δʼ ἔγωγε καὶ πρότερον ἀκοῇ ἐπίσταμαι γεγονός, τοῦτο μὲν τοὺς ἀποθανόντας, τοῦτο δὲ τοὺς ἀποκτείναντας οὐχ εὑρεθέντας· οὔκουν ἂν καλῶς ἔχοι, εἰ τούτων δέοι τὰς αἰτίας ὑποσχεῖν τοὺς συγγενομένους. πολλοὶ δέ γʼ ἤδη σχόντες ἑτέρων πραγμάτων αἰτίας, πρὶν τὸ σαφὲς αὐτῶν γνωσθῆναι, προαπώλοντο.

[¶17] 68. For instance, the murderers of one of your own citizens, Ephialtes, have remained undiscovered to this day; it would have been unfair to his companions to require them to conjecture who his assassins were under pain of being held guilty of the murder themselves. Moreover, the murderers of Ephialtes made no attempt to get rid of the body, for fear of the accompanying risk of publicity—unlike myself, who, we are told, took no one into my confidence when planning the crime, but then sought help for the removal of the corpse.

> Greek: 68. αὐτίκα Ἐφιάλτην τὸν ὑμέτερον πολίτην οὐδέπω νῦν ηὕρηνται οἱ ἀποκτείναντες· εἰ οὖν τις ἠξίου τοὺς συνόντας ἐκείνῳ εἰκάζειν οἵτινες ἦσαν οἱ ἀποκτείναντες ⟨Ἐφιάλτην⟩, εἰ δὲ μή, ἐνόχους εἶναι τῷ φόνῳ, οὐκ ἂν καλῶς εἶχε τοῖς συνοῦσιν. ἔπειτα οἵ γε Ἐφιάλτην ἀποκτείναντες οὐκ ἐζήτησαν τὸν νεκρὸν ἀφανίσαι, οὐδʼ ἐν τούτῳ κινδυνεύειν μηνῦσαι τὸ πρᾶγμα, ὥσπερ οἵδε φασὶν ἐμὲ τῆς μὲν ἐπιβουλῆς οὐδένα κοινωνὸν ποιήσασθαι τοῦ θανάτου, τῆς δʼ ἀναιρέσεως.

[¶18] 69. Once more, a slave, not twelve years old, recently attempted to murder his master. Had he had the courage to stay where he was, instead of taking to his heels in terror at his victim’s cries, leaving the knife in the wound, the entire household would have perished, as no one would have dreamed him capable of such audacity. As it was, he was caught, and later confessed his own guilt. Then again, your Hellenotamiae were once accused of embezzlement, as wrongfully as I am accused today. Anger swept reason aside, and they were all put to death save one. Later the true facts became known.

> Greek: 69. τοῦτο δʼ ἐντὸς οὐ πολλοῦ χρόνου παῖς ἐζήτησεν οὐδὲ δώδεκα ἔτη γεγονὼς τὸν δεσπότην ἀποκτεῖναι. καὶ εἰ μὴ φοβηθείς, ὡς ἀνεβόησεν, ἐγκαταλιπὼν τὴν μάχαιραν ἐν τῇ σφαγῇ ὤχετο φεύγων, ἀλλʼ ἐτόλμησε μεῖναι, ἀπώλοντʼ ἂν οἱ ἔνδον ὄντες ἅπαντες· οὐδεὶς γὰρ ἂν ᾤετο τὸν παῖδα τολμῆσαί ποτε τοῦτο· νῦν δὲ συλληφθεὶς αὐτὸς ὕστερον κατεῖπεν αὑτοῦ. τοῦτο δὲ περὶ χρημάτων αἰτίαν ποτὲ σχόντες οὐκ οὖσαν, ὥσπερ ἐγὼ νῦν, οἱ Ἑλληνοταμίαι οἱ ὑμέτεροι, ἐκεῖνοι μὲν ἅπαντες ἀπέθανον ὀργῇ μᾶλλον ἢ γνώμῃ, πλὴν ἑνός, τὸ δὲ πρᾶγμα ὕστερον καταφανὲς ἐγένετο.

[¶19] 70. This one, whose name is said to have been Sosias, though under sentence of death, had not yet been executed. Meanwhile it was shown how the money had disappeared. The Athenian people rescued him from the very hands of the Eleven: while the rest had died entirely innocent.

> Greek: 70. τοῦ δʼ ἑνὸς τούτου—Σωσίαν ὄνομά φασιν αὐτῷ εἶναι—κατέγνωστο μὲν ἤδη θάνατος, ἐτεθνήκει δὲ οὔπω· καὶ ἐν τούτῳ ἐδηλώθη τῷ τρόπῳ ἀπωλώλει τὰ χρήματα, καὶ ὁ ἀνὴρ ἀπήχθη ὑπὸ τοῦ δήμου τοῦ ὑμετέρου παραδεδομένος ἤδη τοῖς ἕνδεκα, οἱ δʼ ἄλλοι ἐτέθνασαν οὐδὲν αἴτιοι ὄντες.

[¶20] 71. You older ones remember this yourselves, I expect, and the younger have heard of it like myself. Thus it is wise to let time help us in testing the truth of a matter. Perhaps the circumstances of Herodes’ death will similarly come to light hereafter; so do not discover that you have put an innocent man to death when it is too late. Weigh the matter carefully while there is yet time, without anger and without prejudice: for they are the worst of counsellors;

> Greek: 71. ταῦθʼ ὑμῶν αὐτῶν ἐγὼ οἶμαι μεμνῆσθαι τοὺς πρεσβυτέρους, τοὺς δὲ νεωτέρους πυνθάνεσθαι ὥσπερ ἐμέ. οὕτως ἀγαθόν ἐστι μετὰ τοῦ χρόνου βασανίζειν τὰ πράγματα. καὶ τοῦτʼ ἴσως ἂν φανερὸν γένοιτʼ ἂν ὕστερον, ὅτῳ τρόπῳ τέθνηκεν ὁ ἄνθρωπος. μὴ οὖν ὕστερον τοῦτο γνῶτε, ἀναίτιόν με ὄντα ἀπολέσαντες, ἀλλὰ πρότερόν γʼ εὖ βουλεύσασθε, καὶ μὴ μετʼ ὀργῆς καὶ διαβολῆς, ὡς τούτων οὐκ ἂν γένοιντο ἕτεροι πονηρότεροι σύμβουλοι.

[¶21] 72. it is impossible for an angry man to make a right decision, as anger destroys his one instrument of decision, his judgement. The lapse of one day after another, gentlemen, has a wondrous power of liberating the judgement from the sway of passion and of bringing the truth to light.

> Greek: 72. οὐ γὰρ ἔστιν ὅ τι ἂν ὀργιζόμενος ἄνθρωπος εὖ γνοίη· αὐτὸ γὰρ ᾧ βουλεύεται, τὴν γνώμην, διαφθείρει τοῦ ἀνθρώπου. μέγα τοι ἡμέρα παρʼ ἡμέραν γιγνομένη γνώμην, ὦ ἄνδρες, ἐξ ὀργῆς μεταστῆσαι καὶ τὴν ἀλήθειαν εὑρεῖν τῶν γεγενημένων.

[¶22] 73. Remember too that it is pity which I deserve from you, not punishment. Wrongdoers should be punished: those wrongfully imperilled should be pitied. You must never let your power to satisfy justice by saving my life be overridden by my enemies’ desire to outrage it by putting me to death. A delay will still allow you to take the awful step which the prosecution urge upon you; whereas haste will make a fair consideration of the case quite impossible.

> Greek: 73. εὖ δὲ ἴστε ὅτι ἐλεηθῆναι ὑφʼ ὑμῶν ἄξιός εἰμι μᾶλλον ἢ δίκην δοῦναι· δίκην μὲν γὰρ εἰκός ἐστι διδόναι τοὺς ἀδικοῦντας, ἐλεεῖσθαι δὲ τοὺς ἀδίκως κινδυνεύοντας. κρεῖσσον δὲ χρὴ γίγνεσθαι ἀεὶ τὸ ὑμέτερον δυνάμενον ἐμὲ δικαίως σῴζειν ἢ τὸ τῶν ἐχθρῶν βουλόμενον ἀδίκως με ἀπολλύναι. ἐν μὲν γὰρ τῷ ἐπισχεῖν ἔστι καὶ τὰ δεινὰ ταῦτα ποιῆσαι ἃ οὗτοι κελεύουσιν· ἐν δὲ τῷ παραχρῆμα οὐκ ἔστιν ἀρχὴν ὀρθῶς βουλεύεσθαι.

[¶23] 74. I must also defend my father although, as my father, it would have been far more natural for him to be defending me. He is far older than I, and knows what my life has been whereas I am far younger than he, and cannot know what his has been. If my accuser were on trial, and I were giving evidence against him based on hearsay instead of certain knowledge, he would protest that he was being treated monstrously;

> Greek: 74. δεῖ δέ με καὶ ὑπὲρ τοῦ πατρὸς ἀπολογήσασθαι. καίτοι γε πολλῷ μᾶλλον εἰκὸς ἦν ἐκεῖνον ὑπὲρ ἐμοῦ ἀπολογήσασθαι, πατέρα ὄντα· ὁ μὲν γὰρ πολλῷ πρεσβύτερός ἐστι τῶν ἐμῶν πραγμάτων, ἐγὼ δὲ πολλῷ νεώτερος τῶν ἐκείνῳ πεπραγμένων, καὶ εἰ μὲν ἐγὼ τούτου ἀγωνιζομένου κατεμαρτύρουν ἃ μὴ σαφῶς ᾔδη, ἀκοῇ δὲ ἠπιστάμην, δεινὰ ἂν ἔφη πάσχειν ὑπʼ ἐμοῦ·

[¶24] 75. yet he sees nothing monstrous in forcing me to explain occurrences with which I am far too young to be acquainted save from hearsay. However, as a loyal son, I will use what knowledge I have to defend my father against the unwarranted abuse to which you have been listening. Possibly indeed I may fail. I may describe but faultily a life which was without fault. But none the less, I will accept that risk.

> Greek: 75. νῦν δὲ ἀναγκάζων ἐμὲ ἀπολογεῖσθαι ὧν ἐγὼ πολλῷ νεώτερός εἰμι καὶ λόγῳ οἶδα, ταῦτα οὐ δεινὰ ἡγεῖται εἰργάσθαι. ὅμως μέντοι καθʼ ὅσον ἐγὼ οἶδα, οὐ προδώσω τὸν πατέρα κακῶς ἀκούοντα ἐν ὑμῖν ἀδίκως. καίτοι τάχʼ ἂν σφαλείην, ἃ ἐκεῖνος ὀρθῶς ἔργῳ ἔπραξε, ταῦτʼ ἐγὼ λόγῳ μὴ ὀρθῶς εἰπών· ὅμως δʼ οὖν κεκινδυνεύσεται.

[¶25] 76. Before the revolt of Mytilene my father gave visible proof of his devotion to your interests. When, however, the city as a whole was so ill-advised as to commit the blunder of revolting, he was forced to join the city as a whole in that blunder. Not but what even then his feelings towards you remained unchanged: although he could no longer display his devotion in the old way. It was not easy for him to leave the city, as the ties which bound him, his children, and his property, were strong ones; nor yet could he set it at defiance as long as he remained there.

> Greek: 76. πρὶν μὲν γὰρ τὴν ἀπόστασιν τὴν Μυτιληναίων γενέσθαι, ἔργῳ τὴν εὔνοιαν ἐδείκνυε τὴν εἰς ὑμᾶς· ἐπειδὴ δὲ ἡ πόλις ὅλη κακῶς ἐβουλεύσατο ἀποστᾶσα καὶ ἥμαρτε ⟨τῆς ὑμετέρας γνώμης⟩, μετὰ τῆς πόλεως ὅλης ἠναγκάσθη συνεξαμαρτεῖν. τὴν μὲν οὖν γνώμην ἔτι καὶ ἐν ἐκείνοις ὅμοιος ἦν εἰς ὑμᾶς, τὴν δʼ εὔνοιαν οὐκέτι ἦν ἐπʼ ἐκείνῳ τὴν αὐτὴν εἰς ὑμᾶς παρέχειν. οὔτε γὰρ ἐκλιπεῖν τὴν πόλιν εὐρόπως εἶχεν αὐτῷ· ἱκανὰ γὰρ ἦν τὰ ἐνέχυρα ἃ εἴχετο αὐτοῦ, οἵ τε παῖδες καὶ τὰ χρήματα· τοῦτο δʼ αὖ μένοντι πρὸς τὴν πόλιν αὐτῷ ἀδυνάτως εἶχεν ἰσχυρίζεσθαι.

[¶26] 77. But from the moment that you punished the authors of the revolt—of whom my father was not found to be one—and granted the other citizens of Mytilene an amnesty which allowed them to continue living on their own land, he has not been guilty of a single fault, of a single lapse from duty. He has failed neither the city of Athens nor that of Mytilene, when a public service was demanded of him; he regularly furnishes choruses, and always pays the imposts.

> Greek: 77. ἐπεὶ δʼ ὑμεῖς τοὺς αἰτίους τούτων ἐκολάσατε, ἐν οἷς οὐκ ἐφαίνετο ὢν ὁ ἐμὸς πατήρ, τοῖς δʼ ἄλλοις Μυτιληναίοις ἄδειαν ἐδώκατε οἰκεῖν τὴν σφετέραν αὐτῶν, οὐκ ἔστιν ὅ τι ὕστερον αὐτῷ ἡμάρτηται ⟨τῷ ἐμῷ πατρί⟩, οὐδʼ ὅ τι οὐ πεποίηται τῶν δεόντων, οὐδʼ ἧς τινος λῃτουργίας ἡ πόλις ἐνδεὴς γεγένηται, οὔτε ἡ ὑμετέρα οὔτε ἡ Μυτιληναίων, ἀλλὰ καὶ χορηγίας χορηγεῖ καὶ τέλη κατατίθησιν.

[¶27] 78. If Aenus is his favorite place of resort, that fact does not mean that he is evading any of his obligations towards Athens, or that he has become the citizen of another city, like those others, some of whom I see crossing to the mainland and settling among your enemies, while the rest actually litigate with you under treaty; nor does it mean that he desires to be beyond the reach of the Athenian courts. It means that he shares your own hatred of those who thrive on prosecution.

> Greek: 78. εἰ δʼ ἐν Αἴνῳ χωροφιλεῖ, τοῦτο ⟨ποιεῖ⟩ οὐκ ἀποστερῶν γε τῶν εἰς τὴν πόλιν ἑαυτὸν οὐδενὸς οὐδʼ ἑτέρας πόλεως πολίτης γεγενημένος, ὥσπερ ἑτέρους ὁρῶ, τοὺς μὲν εἰς τὴν ἤπειρον ἰόντας καὶ οἰκοῦντας ἐν τοῖς πολεμίοις τοῖς ὑμετέροις, ⟨τοὺς δὲ⟩ καὶ δίκας ἀπὸ ξυμβόλων ὑμῖν δικαζομένους, οὐδὲ φεύγων τὸ πλῆθος τὸ ὑμέτερον, τοὺς δʼ οἵους ὑμεῖς μισῶν συκοφάντας.

[¶28] 79. The act which my father joined his whole city in committing, which he committed not from choice but under compulsion, affords no just ground for punishing him individually. The mistake then made will live in the memory of every citizen of Mytilene. They exchanged great prosperity for great misery, and saw their country pass into the possession of others. Nor again must you be influenced by the distorted account of my father’s conduct as an individual with which you have been presented. Nothing but money is at the bottom of this elaborate attack upon him and myself; and unfortunately there are many circumstances which favor those who seek to lay hands on the goods of others; my father is too old to help me: and I am far too young to be able to avenge myself as I should.

> Greek: 79. ἃ μὲν οὖν μετὰ τῆς πόλεως ὅλης ἀνάγκῃ μᾶλλον ἢ γνώμῃ ἔπραξεν, τούτων οὐ δίκαιός ἐστιν ὁ ἐμὸς πατὴρ ἰδίᾳ δίκην διδόναι. ἅπασι γὰρ Μυτιληναίοις ἀείμνηστος ἡ τότε ἁμαρτία γεγένηται· ἠλλάξαντο μὲν γὰρ πολλῆς εὐδαιμονίας πολλὴν κακοδαιμονίαν, ἐπεῖδον δὲ τὴν ἑαυτῶν πατρίδα ἀνάστατον γενομένην. ἃ δὲ ἰδία οὗτοι διαβάλλουσι τὸν ἐμὸν πατέρα, μὴ πείθεσθε· χρημάτων γὰρ ἕνεκα ἡ πᾶσα παρασκευὴ γεγένηται ἐπʼ ἐμοὶ κἀκείνῳ. πολλὰ δʼ ἐστὶ τὰ συμβαλλόμενα τοῖς βουλομένοις τῶν ἀλλοτρίων ἐφίεσθαι. γέρων μὲν ἐκεῖνος ὥστʼ ἐμοὶ βοηθεῖν, νεώτερος δʼ ἐγὼ πολλῷ ἢ ὥστε δύνασθαι ἐμαυτῷ τιμωρεῖν ἱκανῶς.

[¶29] 80. You must help me: you must refuse to reach those who make a trade of prosecution to become more powerful than yourselves. If they achieve their purpose when they appear before you, it will be a lesson to their victims to compromise with them and avoid open court; but if by appearing before you they succeed only in gaining an evil reputation for themselves, you will enjoy the honor and the power which it is right that you should. So give me and give justice your support.

> Greek: 80. ἀλλʼ ὑμεῖς βοηθήσατέ μοι, καὶ μὴ διδάσκετε τοὺς συκοφάντας μεῖζον ὑμῶν αὐτῶν δύνασθαι. ἐὰν μὲν γὰρ εἰσιόντες εἰς ὑμᾶς ἃ βούλονται πράσσωσι, δεδειγμένον ἔσται τούτους μὲν πείθειν, τὸ δʼ ὑμέτερον πλῆθος φεύγειν· ἐὰν δὲ εἰσιόντες εἰς ὑμᾶς πονηροὶ μὲν αὐτοὶ δοκῶσιν εἶναι, πλέον δʼ αὐτοῖς μηδὲν γένηται, ὑμετέρα ἡ τιμὴ καὶ ἡ δύναμις ἔσται, ὥσπερ καὶ τὸ δίκαιον ἔχει. ὑμεῖς οὖν ἐμοί τε βοηθεῖτε καὶ τῷ δικαίῳ.

[¶30] 81. Proof as complete as the presumptions and the evidence supplied by things human could make it has now been presented to you. But in cases of this nature the indications furnished by heaven must also have no small influence on your verdict. It is upon them that you chiefly depend for safe guidance in affairs of state, whether in times of crisis or tranquillity; so they should be allowed equal prominence and weight in the settlement of private questions.

> Greek: 81. ὅσα μὲν οὖν ἐκ τῶν ἀνθρωπίνων τεκμηρίων καὶ μαρτυριῶν οἷά τε ἦν ἀποδειχθῆναι, ἀκηκόατε· χρὴ δὲ καὶ τοῖς ἀπὸ τῶν θεῶν σημείοις γενομένοις εἰς τὰ τοιαῦτα οὐχ ἥκιστα τεκμηραμένους ψηφίζεσθαι. καὶ γὰρ τὰ τῆς πόλεως κοινὰ τούτοις μάλιστα πιστεύοντες ἀσφαλῶς διαπράσσεσθε, τοῦτο μὲν τὰ εἰς τοὺς κινδύνους ἥκοντα, τοῦτο δὲ ⟨εἰς⟩ τὰ ἔξω τῶν κινδύνων. χρὴ δὲ καὶ εἰς τὰ ἴδια ταῦτα μέγιστα καὶ πιστότατα ἡγεῖσθαι.

[¶31] 82. I hardly think I need remind you that many a man with unclean hands or some other form of defilement who has embarked on shipboard with the righteous has involved them in his own destruction. Others, while they have escaped death, have had their lives imperilled owing to such polluted wretches. Many, too, have been proved to be defiled as they stood beside a sacrifice, because they prevented the proper performance of the rites.

> Greek: 82. οἶμαι γὰρ ὑμᾶς ἐπίστασθαι ὅτι πολλοὶ ἤδη ἄνθρωποι μὴ καθαροὶ ⟨τὰς⟩ χεῖρας ἢ ἄλλο τι μίασμα ἔχοντες συνεισβάντες εἰς τὸ πλοῖον συναπώλεσαν μετὰ τῆς αὑτῶν ψυχῆς τοὺς ὁσίως διακειμένους τὰ πρὸς τοὺς θεούς· τοῦτο δὲ ἤδη ἑτέρους ἀπολομένους μὲν οὔ, κινδυνεύσαντας δὲ τοὺς ἐσχάτους κινδύνους διὰ τοὺς τοιούτους ἀνθρώπους· τοῦτο δὲ ἱεροῖς παραστάντες πολλοὶ δὴ καταφανεῖς ἐγένοντο οὐχ ὅσιοι ὄντες, ⟨καὶ⟩ διακωλύοντες τὰ ἱερὰ μὴ γίγνεσθαι τὰ νομιζόμενα.

[¶32] 83. With me the opposite has happened in every case. Not only have fellow-passengers of mine enjoyed the calmest of voyages: but whenever I have attended a sacrifice, that sacrifice has invariably been successful. I claim that these facts furnish the strongest presumption in my favor that the charge brought against me by the prosecution is unfounded; I have witnesses to confirm them.

> Greek: 83. ἐμοὶ τοίνυν ἐν πᾶσι τούτοις τὰ ἐναντία ἐγένετο. τοῦτο μὲν γὰρ ὅσοις συνέπλευσα, καλλίστοις ἐχρήσαντο πλοῖς· τοῦτο δὲ ὅπου ἱεροῖς παρέστην, οὐκ ἔστιν ὅπου οὐχὶ κάλλιστα τὰ ἱερὰ ἐγένετο. ἃ ἐγὼ ἀξιῶ μεγάλα μοι τεκμήρια εἶναι τῆς αἰτίας, ὅτι οὐκ ἀληθῆ μου οὗτοι κατηγοροῦσι. ⟨εἰσὶ δέ μοι καὶ⟩ τούτων μάρτυρες.

[¶33] 84. Witnesses I know furthermore, gentlemen of the jury, that if the witnesses were testifying against me that my presence on shipboard or at a sacrifice had been the occasion of some unholy manifestation, the prosecution would be treating that fact as supremely significant; they would be showing that here, in the signs from heaven, was to be found the clearest confirmation of their charge. As, however, the signs have contradicted their assertions and the witnesses testify that what I say is true and that what the prosecution say is not, they urge you to put no credence in the evidence of those witnesses; according to them, it is their own statements which you should believe. Whereas every one else uses the facts to prove the worth of mere assertion, they use mere assertion for the purpose of discrediting the facts.

> Greek: 84. Μάρτυρες ἐπίσταμαι δὲ καὶ τάδε, ὦ ἄνδρες δικασταί, ὅτι εἰ μὲν ἐμοῦ κατεμαρτύρουν οἱ μάρτυρες, ὥς τι ἀνόσιον γεγένηται ἐμοῦ παρόντος ἐν πλοίῳ ἢ ἐν ἱεροῖς, αὐτοῖς γε τούτοις ἰσχυροτάτοις ἂν ἐχρῶντο, καὶ πίστιν τῆς αἰτίας ταύτην σαφεστάτην ἀπέφαινον, τὰ σημεῖα τὰ ἀπὸ τῶν θεῶν· νῦν δὲ τῶν τε σημείων ἐναντίων τοῖς τούτων λόγοις γιγνομένων, τῶν τε μαρτύρων ἃ μὲν ἐγὼ λέγω μαρτυρούντων ἀληθῆ εἶναι, ἃ δʼ οὗτοι κατηγοροῦσι ψευδῆ, τοῖς μὲν μαρτυροῦσιν ἀπιστεῖν ὑμᾶς κελεύουσι, τοῖς δὲ λόγοις οὓς αὐτοὶ λέγουσι πιστεύειν ὑμᾶς φασι χρῆναι. καὶ οἱ μὲν ἄλλοι ἄνθρωποι τοῖς ἔργοις τοὺς λόγους ἐλέγχουσιν, οὗτοι δὲ τοῖς λόγοις τὰ ἔργα ζητοῦσιν ἄπιστα καθιστάναι.

[¶34] 85. All the charges which I can remember, gentlemen, I have answered; and for your own sakes I think that you should acquit me. A verdict saving my life will alone enable you to comply with the law and your oath; for you have sworn to return a lawful verdict; and while the crime with which I am charged can still be tried legally, the laws under which I was arrested do not concern my case. If two trials have been made out of one, it is not I, but my accusers, who are to blame; and I cannot suppose that if my bitterest enemies have involved me in two trials, impartial ministers of justice like yourselves will prematurely find me guilty of murder in the present one.

> Greek: 85. ὅσα μὲν οὖν ἐκ τῶν κατηγορηθέντων μέμνημαι, ὦ ἄνδρες, ἀπολελόγημαι· οἶμαι δὲ καὶ ὑμῶν ⟨αὐτῶν ἕνεκα δεῖν ὑμᾶς μου⟩ ἀποψηφίσασθαι. ταὐτὰ γὰρ ἐμέ τε σῴζει, καὶ ὑμῖν νόμιμα καὶ εὔορκα γίγνεται. κατὰ γὰρ τοὺς νόμους ὠμόσατε δικάσειν· ἐγὼ δὲ καθʼ οὓς μὲν ἀπήχθην, οὐκ ἔνοχός εἰμι τοῖς νόμοις, ὧν δʼ ἔχω τὴν αἰτίαν, ἀγών μοι νόμιμος ὑπολείπεται. εἰ δὲ δύο ἐξ ἑνὸς ἀγῶνος γεγένησθον, οὐκ ἐγὼ αἴτιος, ἀλλʼ οἱ κατήγοροι. καίτοι οὐ δήπου οἱ μὲν ἔχθιστοι οἱ ἐμοὶ δύο ἀγῶνας περὶ ἐμοῦ πεποιήκασιν, ὑμεῖς δὲ οἱ τῶν δικαίων ἴσοι κριταὶ προκαταγνώσεσθέ μου ἐν τῷδε τῷ ἀγῶνι τὸν φόνον.

[¶35] 86. Beware of such haste, gentlemen; give time its opportunity; it is time which enables those who seek the truth to find it with certainty. In fact, gentlemen, I for one have always maintained that, while a case of this kind should certainly be tried according to law, the rights of the matter should be established as many times as the law will permit, since they would thus be the better understood; the repeated trial of a case is a good friend of the truth and the deadly foe of misrepresentation.

> Greek: 86. μὴ ὑμεῖς γε, ὦ ἄνδρες· ἀλλὰ δότε τι καὶ τῷ χρόνῳ, μεθʼ οὗ ὀρθότατα εὑρίσκουσιν οἱ τὴν ἀκρίβειαν ζητοῦντες τῶν πραγμάτων. ἠξίουν μὲν γὰρ ἔγωγε περὶ τῶν τοιούτων, ὦ ἄνδρες, εἶναι τὴν δίκην κατὰ τοὺς νόμους, κατὰ μέντοι ⟨τούτους⟩ τὸ δίκαιον ὡς πλειστάκις ἐλέγχεσθαι. τοσούτῳ γὰρ ἄμεινον ἂν ἐγιγνώσκετο· οἱ γὰρ πολλοὶ ἀγῶνες τῇ μὲν ἀληθείᾳ σύμμαχοί εἰσι, τῇ δὲ διαβολῇ πολεμιώτατοι.

[¶36] 87. In a trial for murder, even if judgement is wrongly given against the defendant, justice and the facts cannot prevail against that decision. Once you condemn me, I must perforce obey your verdict and the law, even if I am not the murderer or concerned in the crime. No one would venture either to disregard the sentence passed upon him because he was sure that he had had no part in the crime, or to disobey the law if he knew in his heart that he was guilty of such a deed. He has to submit to the verdict in defiance of the facts, or submit to the facts themselves, as the case may be, above all if his victim has none to avenge him.

> Greek: 87. φόνου γὰρ δίκη καὶ μὴ ὀρθῶς γνωσθεῖσα ἰσχυρότερον τοῦ δικαίου καὶ τοῦ ἀληθοῦς ἐστιν· ἀνάγκη γὰρ, ἐὰν ὑμεῖς μου καταψηφίσησθε, καὶ μὴ ὄντα φονέα μηδʼ ἔνοχον τῷ ἔργῳ χρῆσθαι τῇ δίκῃ καὶ τῷ νόμῳ· καὶ οὐδεὶς ἂν τολμήσειεν οὔτε τὴν δίκην τὴν δεδικασμένην παραβαίνειν, πιστεύσας αὑτῷ ὅτι οὐκ ἔνοχός ἐστιν, οὔτε ξυνειδὼς αὑτῷ τοιοῦτον ἔργον εἰργασμένῳ μὴ οὐ χρῆσθαι τῷ νόμῳ· ἀνάγκη δὲ τῆς ⟨τε⟩ δίκης νικᾶσθαι παρὰ τὸ ἀληθές, αὐτοῦ τε τοῦ ἀληθοῦς, ἄλλως τε καὶ ἐὰν μὴ ᾖ ὁ τιμωρήσων.

[¶37] 88. The laws, the oaths, the sacrifices, the proclamations, in fact the entire proceeding in connection with trials for murder differ as profoundly as they do from the proceedings elsewhere simply because it is of supreme importance that the facts at issue, upon which so much turns, should themselves be rightly interpreted. Such a right interpretation means vengeance for him who has been wronged; whereas to find an innocent man guilty of murder is a mistake, and a sinful mistake, which offends both gods and laws.

> Greek: 88. αὐτῶν δὲ τούτων ἕνεκα οἵ τε νόμοι καὶ αἱ διωμοσίαι καὶ τὰ τόμια καὶ αἱ προρρήσεις, καὶ τἆλλʼ ὁπόσα γίγνεται τῶν δικῶν ἕνεκα τοῦ φόνου, πολὺ διαφέροντά ἐστιν ἢ καὶ ἐπὶ τοῖς ἄλλοις, ὅτι καὶ αὐτὰ τὰ πράγματα, περὶ ὧν οἱ κίνδυνοι, περὶ πλείστου ἐστὶν ὀρθῶς γιγνώσκεσθαι· ὀρθῶς μὲν γὰρ γνωσθέντα τιμωρία ἐστὶ τῷ ἀδικηθέντι, φονέα δὲ τὸν μὴ αἴτιον ψηφισθῆναι ἁμαρτία καὶ ἀσέβειά ἐστιν εἴς τε τοὺς θεοὺς καὶ εἰς τοὺς νόμους.

[¶38] 89. Nor is it as serious for the prosecutor to accuse the wrong person as it is for you jurors to reach a wrong verdict. The charge brought by the prosecutor is not in itself effective; whether it becomes so, depends upon you, sitting in judgement. On the other hand if you yourselves, when actually sitting in judgement, return a wrong verdict, you cannot rid yourselves of the responsibility for the mistake by blaming someone else for that verdict.

> Greek: 89. καὶ οὐκ ἴσον ἐστὶ τόν τε διώκοντα μὴ ὀρθῶς αἰτιάσασθαι καὶ ὑμᾶς τοὺς δικαστὰς μὴ ὀρθῶς γνῶναι. ἡ μὲν γὰρ τούτων αἰτίασις οὐκ ἔχει τέλος, ἀλλʼ ἐν ὑμῖν ἐστι καὶ τῇ δίκῃ· ὅ τι δʼ ἂν ὑμεῖς ἐν αὐτῇ τῇ δίκῃ μὴ ὀρθῶς γνῶτε, τοῦτο οὐκ ἔστιν ὅποι ἄν τις ἀνενεγκὼν τὴν ἁμαρτίαν ἀπολύσαιτο.

[¶39] 90. Then how can you decide the case aright? By allowing the prosecution to bring their charge only after taking the customary oath, and by allowing me to confine my defence to the question before the court. And how will you do this? By acquitting me today. For I do not escape your sentence even so: you will be the judges at the second hearing also. If you spare me now, you can treat me as you will then; whereas once you put me to death, you cannot even consider my case further.

> Greek: 90. πῶς ἂν οὖν ὀρθῶς δικάσαιτε περὶ αὐτῶν; εἰ τούτους τε ἐάσετε τὸν νομιζόμενον ὅρκον διομοσαμένους κατηγορῆσαι, κἀμὲ περὶ αὐτοῦ τοῦ πράγματος ἀπολογήσασθαι. πῶς δὲ ἐάσετε; ἐὰν νυνὶ ἀποψηφίσησθέ μου. διαφεύγω γὰρ οὐδʼ οὕτω τὰς ὑμετέρας γνώμας, ἀλλʼ ὑμεῖς ἔσεσθε οἱ κἀκεῖ περὶ ἐμοῦ διαψηφιζόμενοι. καὶ φεισαμένοις μὲν ὑμῖν ἐμοῦ νῦν ἔξεστι τότε χρῆσθαι ὅ τι ἂν βούλησθε, ἀπολέσασι δὲ οὐδὲ βουλεύσασθαι ἔτι περὶ ἐμοῦ ἐγχωρεῖ.

[¶40] 91. Indeed, supposing that you were bound to make some mistake, it would be less of an outrage to acquit me unfairly than to put me to death without just cause; for the one thing is a mistake and nothing more: the other is a sin in addition. You must exercise the greatest caution in what you do, because you will not be able to reconsider your action. In a matter which admits of reconsideration a mistake, whether made through giving rein to the feelings or through accepting a distorted account of the facts, is not so serious; it is still possible to change one’s mind and come to a right decision. But when reconsideration is impossible, the wrong done is only increased by altering one’s mind and acknowledging one’s mistake. Some of you yourselves have in fact repented before now of having sent men to their death; but when you, who had been misled, felt repentance, most assuredly did those who had misled you deserve death.

> Greek: 91. καὶ μὴν εἰ δέοι ἁμαρτεῖν τι, τὸ ἀδίκως ἀπολῦσαι ὁσιώτερον ἂν εἴη τοῦ μὴ δικαίως ἀπολέσαι· τὸ μὲν γὰρ ἁμάρτημα μόνον ἐστί, τὸ δὲ ἕτερον καὶ ἀσέβημα. ἐν ᾧ χρὴ πολλὴν πρόνοιαν ἔχειν, μέλλοντας ἀνήκεστον ἔργον ἐργάζεσθαι. ἐν μὲν γὰρ ἀκεστῷ πράγματι καὶ ὀργῇ χρησαμένους καὶ διαβολῇ πιθομένους ἔλαττόν ἐστιν ἐξαμαρτεῖν· μεταγνοὺς γάρ ⟨τις⟩ ἔτι ἂν ὀρθῶς βουλεύσαιτο· ἐν δὲ τοῖς ἀνηκέστοις πλέον βλάβος τὸ μετανοεῖν καὶ γνῶναι ἐξημαρτηκότας. ἤδη δέ τισιν ὑμῶν καὶ μετεμέλησεν ἀπολωλεκόσι. καίτοι ὅπου ὑμῖν τοῖς ἐξαπατηθεῖσι μετεμέλησεν, ἦ καὶ πάνυ τοι χρῆν τούς γε ἐξαπατῶντας ἀπολωλέναι.

[¶41] 92. Moreover, whereas involuntary mistakes are excusable, voluntary mistakes are not; for an involuntary mistake is due to chance, gentlemen, a voluntary one to the will. And what could be more voluntary than the immediate putting into effect of a carefully considered course of action? Furthermore, the wrongful taking of life by one’s vote is just as criminal as the wrongful taking of life by one’s hand.

> Greek: 92. ἔπειτα δὲ τὰ μὲν ἀκούσια τῶν ἁμαρτημάτων ἔχει συγγνώμην, τὰ δὲ ἑκούσια οὐκ ἔχει. τὸ μὲν γὰρ ἀκούσιον ἁμάρτημα, ὦ ἄνδρες, τῆς τύχης ἐστί, τὸ δὲ ἑκούσιον τῆς γνώμης. ἑκούσιον δὲ πῶς ἂν εἴη μᾶλλον ἢ εἴ τις, ὧν βουλὴν ποιοῖτο, ταῦτα παραχρῆμα ἐξεργάζοιτο; καὶ μὴν τὴν ἴσην γε δύναμιν ἔχει, ὅστις τε ἂν τῇ χειρὶ ἀποκτείνῃ ἀδίκως καὶ ὅστις τῇ ψήφῳ.

[¶42] 93. Rest assured that I should never have come to Athens, had such a crime been on my conscience. I am here, as it is, because I have faith in justice, the most precious ally of the man who has no deed of sin upon his conscience and who has committed no transgression against the gods. Often at such an hour as this, when the body has given up the struggle, its salvation is the spirit, which is ready to fight on in the conscience that it is innocent. On the other hand, he whose conscience is guilty has no worse enemy than that conscience; for his spirit fails him which his body is still unwearied, because it feels that what is approaching him is the punishment of his iniquities. But it is with no such guilty conscience that I come before you.

> Greek: 93. εὖ δʼ ἴστε ὅτι οὐκ ἄν ποτʼ ἦλθον εἰς τὴν πόλιν, εἴ τι ξυνῄδη ἐμαυτῷ τοιοῦτον· νῦν δὲ πιστεύων τῷ δικαίῳ, οὗ πλέονος οὐδέν ἐστιν ἄξιον ἀνδρὶ συναγωνίζεσθαι, μηδὲν αὑτῷ συνειδότι ἀνόσιον εἰργασμένῳ μηδʼ εἰς τοὺς θεοὺς ἠσεβηκότι· ἐν γὰρ τῷ τοιούτῳ ἤδη καὶ τὸ σῶμα ἀπειρηκὸς ἡ ψυχὴ συνεξέσωσεν, ἐθέλουσα ταλαιπωρεῖν διὰ τὸ μὴ ξυνειδέναι ἑαυτῇ. τῷ δὲ ξυνειδότι τοῦτο αὐτὸ πρῶτον πολέμιόν ἐστιν· ἔτι γὰρ καὶ τοῦ σώματος ἰσχύοντος ἡ ψυχὴ προαπολείπει, ἡγουμένη τὴν τιμωρίαν οἱ ἥκειν ταύτην τῶν ἀσεβημάτων ἐγὼ δʼ ἐμαυτῷ τοιοῦτον οὐδὲν ξυνειδὼς ἥκω εἰς ὑμᾶς.

[¶43] 94. There is nothing remarkable in the fact that the prosecution are misrepresenting me. It is expected of them just as it is expected of you not to consent to do what is wrong. I say this because if you follow my advice, it is still open to you to regret your action, and that regret can be remedied by punishing me at the second trial: whereas if you obediently carry out the prosecution’s wishes, the situation cannot be righted again. Nor is there a question of a long interval before the law will allow you to take the step to which the prosecution are today urging you to consent in defiance of it. It is not haste, but discretion which triumphs; so take cognizance of the case today: pass judgement on it later; form an opinion as to the truth today: decide upon it later.

> Greek: 94. τὸ δὲ τοὺς κατηγόρους διαβάλλειν οὐδέν ἐστι θαυμαστόν. τούτων γὰρ ἔργον τοῦτο, ὑμῶν δὲ τὸ μὴ πείθεσθαι τὰ μὴ δίκαια. τοῦτο μὲν γὰρ ἐμοὶ πειθομένοις ὑμῖν μεταμελῆσαι ἔστιν, καὶ τούτου φάρμακον τὸ αὖθις κολάσαι, τοῦ δὲ τούτοις πειθομένους ἐξεργάσασθαι ἃ οὗτοι βούλονται οὐκ ἔστιν ἴασις. οὐδὲ χρόνος πολὺς ὁ διαφέρων, ἐν ᾧ ταῦτα νομίμως πράξεθʼ ἃ νῦν ὑμᾶς παρανόμως πείθουσιν οἱ κατήγοροι ψηφίσασθαι. οὔ τοι τῶν ἐπειγομένων ἐστὶ τὰ πράγματα, ἀλλὰ τῶν εὖ βουλευομένων. νῦν μὲν οὖν γνωρισταὶ γίγνεσθε τῆς δίκης, τότε δὲ δικασταὶ ⟨τῶν μαρτύρων⟩ νῦν μὲν δοξασταί, τότε δὲ κριταὶ τῶν ἀληθῶν.

[¶44] 95. It is very easy, remember, to give false evidence against a man on a capital charge. If you are persuaded only for an instant to put him to death, he has lost his chance of redress with his life. A man’s very friends will refuse to seek redress for him once he is dead; and even if they are prepared to do so, what good is it to one who has lost his life?

> Greek: 95. ῥᾷστον δέ τοί ἐστιν ἀνδρὸς περὶ θανάτου φεύγοντος τὰ ψευδῆ καταμαρτυρῆσαι. ἐὰν γὰρ τὸ παραχρῆμα μόνον πείσωσιν ὥστε ἀποκτεῖναι, ἅμα τῷ σώματι καὶ ἡ τιμωρία ἀπόλωλεν. οὐδὲ γὰρ οἱ φίλοι ἔτι θελήσουσιν ὑπὲρ ἀπολωλότος τιμωρεῖν· ἐὰν δὲ καὶ βουληθῶσιν, τί ἔσται πλέον τῷ γε ἀποθανόντι;

[¶45] 96. Acquit me, then, today and at the trial for murder the prosecution shall take the traditional oath before accusing me: you shall decide my case by the laws of the land: and I, if I am unlucky, shall have no grounds left for complaining that I was sentenced to death illegally. That is my request; and in making it I am not forgetting your duty as godfearing men or depriving myself of my rights, as my life is bound up with your oath. Respect which you will, and acquit me.

> Greek: 96. νῦν μὲν οὖν ἀποψηφίσασθέ μου· ἐν δὲ τῇ τοῦ φόνου δίκῃ οὗτοί τε τὸν νομιζόμενον ὅρκον διομοσάμενοι ἐμοῦ κατηγορήσουσι, καὶ ὑμεῖς περὶ ἐμοῦ κατὰ τοὺς κειμένους νόμους διαγνώσεσθε, καὶ ἐμοὶ οὐδεὶς λόγος ἔσται ἔτι, ἐάν τι πάσχω, ὡς παρανόμως ἀπωλόμην. ταῦτά τοι δέομαι ὑμῶν, οὔτε τὸ ὑμέτερον εὐσεβὲς παριεὶς οὔτε ἐμαυτὸν ἀποστερῶν τὸ δίκαιον· ἐν δὲ τῷ ὑμετέρῳ ὅρκῳ καὶ ἡ ἐμὴ σωτηρία ἔνεστι. πειθόμενοι δὲ τούτων ὅτῳ βούλεσθε, ἀποψηφίσασθέ μου.