Antiphon, On the murder of Herodes, ed. Kenneth John Maidment, 51

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[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.];¹ 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.

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).) — 51 focus

[51] ἔπειτα δὲ καὶ ἐκ τῶν λόγων τῶν τοῦ ἀνθρώπου μερὶς ἑκατέροις¹ ἴση ἂν εἴη,² 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.³ καὶ μὲν δὴ τὰ ἐξ ἴσου γενόμενα τοῦ φεύγοντός ἐστι μᾶλλον ἢ τοῦ διώκοντος, εἴπερ γε καὶ τῶν ψήφων ὁ ἀριθμὸς ἐξ ἴσου γενόμενος⁴ τὸν φεύγοντα μᾶλλον ὠφελεῖ ἢ τὸν διώκοντα.

Notes on the current edition

On the murder of Herodes

1. Clearly an addition by a reader who thought that the argument ought to be pushed still further. The syntax is harsh and the reasoning itself unsound; B had denied throughout, it is true; but A, as we have just heard, spent half his time denying, and the other half affirming; so he cannot be set against B.

Antiphon On the murder of Herodes 51

ed. Kenneth John Maidment

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