Antiphon, On the murder of Herodes, ed. Kenneth John Maidment, 48

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[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,¹ 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.

On the murder of Herodes. Antiphon. ed. Kenneth John Maidment. London. 1941.

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Funding provided by The Annenberg CPB/Project.

Current edition Perseus

On the Murder of Herodes (English) (Antiphon. Minor Attic Orators, Vol. 1. Maidment, Kenneth John, translator. London: William Heinemann, Ltd.; Cambridge, MA: Harvard University Press, 1941 (printing); 1960 (reprint).)

Editions (1)

Περὶ τοῦ Ἡρῷδου φόνου Perseus (Antiphon. Minor Attic Orators, Vol. 1. Maidment, Kenneth John, editor. London: William Heinemann, Ltd.; Cambridge, MA: Harvard University Press, 1941 (printing); 1960 (reprint).) — 48 focus

[48] καίτοι οὐδὲ οἱ τοὺς δεσπότας ἀποκτείναντες, ἐὰν ἐπʼ αὐτοφώρῳ ληφθῶσιν, οὐδʼ οὗτοι ἀποθνῄσκουσιν ὑπʼ αὐτῶν τῶν προσηκόντων, ἀλλὰ παραδιδόασιν αὐτοὺς τῇ ἀρχῇ κατὰ νόμους ὑμετέρους πατρίους. εἴπερ γὰρ καὶ μαρτυρεῖν ἔξεστι δούλῳ κατὰ τοῦ ἐλευθέρου τὸν φόνον, καὶ τῷ δεσπότῃ, ἂν δοκῇ, ἐπεξελθεῖν ὑπὲρ τοῦ δούλου, καὶ ἡ ψῆφος ἴσον δύναται τῷ δοῦλον ἀποκτείναντι καὶ τῷ¹ ἐλεύθερον, εἰκός τοι καὶ ψῆφον γενέσθαι περὶ αὐτοῦ ἦν, καὶ μὴ ἄκριτον ἀποθανεῖν αὐτὸν ὑφʼ ὑμῶν. ὥστε πολλῷ ἂν ὑμεῖς δικαιότερον κρίνοισθε² ἢ ἐγὼ νῦν φεύγω ὑφʼ ὑμῶν ἀδίκως.

Notes on the current edition

On the murder of Herodes

1. 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.

Antiphon On the murder of Herodes 48

ed. Kenneth John Maidment

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