| Antiphon, Speeches (English) (XML Header) [word count] [lemma count] [Antiph.]. | ||
| <<Antiph. 4δ.1 | Antiph. 4δ.10 (Greek) | >>Antiph. 5.1 |
4δ.6Further, it is with the aggressor rather than with him who was defending himself that the responsibiIity for the error itself rests. The one was seeking to retaliate for the blows which he was receiving, when he committed his error: he was being forced to act by his attacker; whereas with the other, it was his own lack of self-control which caused him to give and receive the blows which he did: and so, since he is responsible both for his own error and for his victim's, he deserves the name of murderer.
4δ.7Again, his defense was not more vigorous than the attack made upon him, but much less so: as I will show. The one was truculent, drunken, and violent; he took the offensive throughout, and was never on the defensive at all. The other was seeking to avoid blows and repel him; the blows which he received, he received from no choice of his own and the blows which he gave were given in defense of himself against the aggressor, and much less vigorously than that aggressor deserved, because his only object was to avoid the hurt which was being done to him; he did not take the offensive at all.
4δ.8Even supposing that his defense was more vigorous than the attack made upon him, because there was more vigor in his hands, you cannot justly condemn him. Heavy penalties are invariably provided for the aggressor: whereas no penalty is ever prescribed for him who defends himself.
4δ.9The objection that the taking of life, whether justifiably or not, is forbidden, has been answered; it was not to the blows, but to the physician, that the man's death was due, as the witnesses state in their evidence. Further, it is the aggressor, and not he who was defending himself, who was responsible for the accident. The one gave and received the blows which he did from no choice of his own, and therefore the accident in which he had a part was not of his own causing. The other did what he did of his own free will, and it was by his own actions that he brought the accident upon himself; hence he had himself to blame for the mischance whereby he committed his error.
4δ.10It has been shown, then, that not one of the charges made concerns the defendant; and even if both parties are thought equally responsible alike for the actual crime and for the mischance which led to it, and it is decided from the arguments put forward that there is no more reason for acquitting the defendant than for condemning him, he still has a right to be acquitted rather than condemned. Not only is it unjust that his accuser should secure his conviction without clearly showing that he has been wronged: but it is a sin that the accused should be sentenced, if the charges made against him have not been proved conclusively.
4δ.11As the defendant has been cleared so completely of the charges made, we lay upon you in his name a more righteous behest than did our opponents: in seeking to punish the murderer, do not put him who is blameless to death. If you do, [the slayer no less than the slain will bring the wrath of heaven upon the guilty:] note and if the defendant is put to death without scruple, he causes the defilement brought upon his slayers by the spirits of vengeance to become twofold. note
4δ.12Hold that defilement in fear: and consider your duty to absolve him who is guiltless. Him upon whom the stain of blood rests you may let time reveal, even as you may leave his punishment to his victim's kin. It is thus that you will best serve justice and the will of heaven.
| Antiphon, Speeches (English) (XML Header) [word count] [lemma count] [Antiph.]. | ||
| <<Antiph. 4δ.1 | Antiph. 4δ.10 (Greek) | >>Antiph. 5.1 |
