Humanitext Reader

Antiphon of Rhamnus · First Tetralogy §4.1-4.12

Defense's Second Speech: Alibi and Offer of Slaves

Passage 5 of 5 · Greek

Summary

The defendant refutes the charges, arguing that it is natural human behavior to flee from a dying body late at night, and offers to hand over his slaves for torture to prove his alibi. He emphasizes his innocence and the need to find the true culprit, urging the jury to render a pious and just acquittal.

§4.1ἰδοὺ ἐγὼ τῇ τε ἀτυχίᾳ, ἣν οὐ δικαίως αἰτιῶμαι, ὡς οὗτοί φασιν, ἑκὼν ἐμαυτὸν ἐγχειρίζω, τῇ τε τούτων ἔχθρᾳ, δεδιὼς μὲν τὸ μέγεθος τῆς διαβολῆς αὐτῶν, πιστεύων δὲ τῇ ὑμετέρᾳ γνώμῃ τῇ τε ἀληθείᾳ τῶν ἐξ ἐμοῦ πραχθέντων.
Behold, I willingly commit myself to this misfortune of mine, which, as they say, I unjustly blame, and to their enmity, fearing indeed the magnitude of their slander, but trusting in your judgment and in the truth of what I have done.
ἀποστερούμενος δὲ ὑπʼ αὐτῶν μηδὲ τὰς παρούσας ἀτυχίας ἀνακλαύσασθαι πρὸς ὑμᾶς, ἀπορῶ εἰς ἥντινα ἄλλην σωτηρίαν χρή με καταφυγεῖν.
But being deprived by them of even weeping over my present misfortunes before you, I am at a loss as to what other safety I should flee to.
§4.2καινότατα γὰρ δή, εἰ χρὴ καινότατα μᾶλλον ἢ κακουργότατα εἰπεῖν, διαβάλλουσί με.
For indeed, in the most strange way—if one should call it 'most strange' rather than 'most wicked'—they slander me.
κατήγοροι γὰρ καὶ τιμωροὶ φόνου προσποιούμενοι εἶναι, ὑπεραπολογούμενοι τῆς ἀληθοῦς ὑποψίας ἁπάσης, διὰ τὴν ἀπορίαν τοῦ ἀποκτείναντος αὐτόν, ἐμὲ φονέα φασὶν εἶναι· δρῶντες δὲ τἀναντία ὧν προστέτακται αὐτοῖς, φανερὸν ὅτι ἀδίκως ἐμὲ μᾶλλον ἀποκτεῖναι ζητοῦσιν ἢ τὸν φονέα τιμωρεῖσθαι.
For pretending to be accusers and avengers of murder, while defending themselves excessively against all true suspicion, they say that I am the murderer because of their helplessness to find the one who killed him; and doing the opposite of what has been commanded to them, it is clear that they seek to kill me unjustly rather than to punish the murderer.
§4.3ἐμὲ δὲ προσῆκεν οὐδὲν ἄλλο ἢ πρὸς τὴν μαρτυρίαν τοῦ ἀκολούθου ἀπολογηθῆναι· οὐ γὰρ μηνυτὴς οὐδʼ ἐλεγκτὴρ τῶν ἀποκτεινάντων εἰμί, ἀλλὰ διωκόμενος ἀποκρίνομαι.
But for me, it was fitting to do nothing else than to defend myself against the testimony of the attendant; for I am not an informant or an exposer of the killers, but I answer as one being prosecuted.
ὅμως δὲ περιεργαστέον, ἵνα ἐκ παντὸς τρόπου τούτους τε ἐπιβουλεύοντάς μοι ἐμαυτόν τε ἀπολυόμενον ἐπιδείξω τῆς ὑποψίας.
Nevertheless, I must meddle, so that in every way I may show that they are plotting against me and that I am clearing myself of the suspicion.
§4.4τὴν μὲν οὖν ἀτυχίαν ᾗ με διαβάλλουσιν, εἰς εὐτυχίαν αἰτοῦμαι μεταστῆναι· ἀξιῶ δʼ ὑμᾶς ἀπολύσαντάς με μακαρίσαι μᾶλλον ἢ καταλαβόντας ἐλεῆσαι.
Therefore, I pray that the misfortune with which they slander me may turn into good fortune; and I ask you to bless me by acquitting me rather than to pity me by convicting me.
φασὶ δὲ τῶν μὲν ἐντυχόντων παιομένοις αὐτοῖς οὐδένα ὅντινα οὐκ εἰκότερον εἶναι σαφῶς πυθόμενον τοὺς διαφθείραντας αὐτοὺς εἰς οἶκον ἀγγεῖλαι ἢ ἀπολιπόντα οἴχεσθαι.
And they say that of those who came upon them while being beaten, there was not a single person for whom it would not have been more probable to report to the house after clearly inquiring who their destroyers were, than to leave them and flee.
§4.5ἐγὼ δὲ οὐδένα οὕτω θερμὸν καὶ ἀνδρεῖον ἄνθρωπον εἶναι δοκῶ, ὅντινα οὐκ ἂν ἀωρὶ τῶν νυκτῶν νεκροῖς ἀσπαίρουσι συντυχόντα πάλιν ὑποστρέψαντα φεύγειν μᾶλλον ἢ πυνθανόμενον τοὺς κακούργους περὶ τῆς ψυχῆς κινδυνεῦσαι.
But to me, it seems there is no man so hot-blooded and brave that, on coming upon gasping corpses in the dead of night, he would not rather turn back and flee than inquire about the criminals and risk his own life.
τούτων δὲ μᾶλλον ἃ εἰκὸς ἦν δρασάντων, οἱ μὲν ἐπὶ τοῖς ἱματίοις διαφθείραντες αὐτοὺς οὐκ ἂν ἔτι εἰκότως ἀφίοιντο, ἐγὼ δὲ ἀπήλλαγμαι τῆς ὑποψίας.
And if they rather did what was probable, those who destroyed them for their clothes can no longer plausibly escape, while I am freed from the suspicion.
§4.6εἰ δὲ ἐκηρύσσοντο ἢ μὴ ἄλλοι τινὲς κακοῦργοι ἅμα τῷ τούτων φόνῳ, τίς οἶδεν;
But whether or not some other criminals were proclaimed at the time of their murder, who knows?
οὐδενὶ γὰρ ἐπιμελὲς ἦν σκοπεῖν ταῦτα.
For it was no one's concern to examine these things.
ἀφανοῦς δὲ ὄντος τοῦ κηρύγματος, οὐδὲ ὑπὸ τούτων τῶν κακούργων ἄπιστον διαφθαρῆναι αὐτόν.
And since the proclamation is obscure, it is not incredible that he was destroyed even by these criminals.
§4.7τοῦ δὲ θεράποντος πῶς χρὴ πιστοτέραν τὴν μαρτυρίαν ἢ τῶν ἐλευθέρων ἡγεῖσθαι;
And how should one consider the testimony of the servant more reliable than that of free men?
οἱ μὲν γὰρ ἀτιμοῦνταί τε καὶ χρήμασι ζημιοῦνται, ἐὰν μὴ τἀληθῆ δοκῶσι μαρτυρῆσαι· ὁ δὲ οὐκ ἔλεγχον παρασχὼν οὐδὲ βάσανον—ποῦ δίκην δώσει;
For they are disenfranchised and fined unless they are deemed to have testified the truth; but he, having provided neither refutation nor torture—where will he pay the penalty?
ἢ τίς ἔλεγχος ἔσται;
Or what refutation will there be?
ἀκινδύνως τε οὗτός γε μέλλων μαρτυρεῖν, οὐδὲν θαυμαστὸν ἔπαθεν ὑπὸ τῶν κυρίων ἐχθρῶν μοι ὄντων πεισθεὶς καταψεύδεσθαί μου· ἐγώ τε ἀνόσιʼ ἂν πάσχοιμι, εἰ μὴ πιστῶς καταμαρτυρηθεὶς διαφθαρείην ὑφʼ ὑμῶν.
Since he is to testify without danger, it is not at all surprising that he was persuaded by his masters, who are my enemies, to lie against me; and I would suffer impious things if I were to be destroyed by you on the basis of unreliable testimony.
§4.8μὴ παραγενέσθαι δέ με τῷ φόνῳ ἀπιστότερον ἢ παραγενέσθαι φασὶν εἶναι.
And they say that my not being present at the murder is less credible than my being present.
ἐγὼ δʼ οὐκ ἐκ τῶν εἰκότων ἀλλʼ ἔργῳ δηλώσω οὐ παραγενόμενος.
But I will show that I was not present, not by probabilities but in fact.
ὁπόσοι γὰρ δοῦλοί μοι ἢ δοῦλαί εἰσι, πάντας παραδίδωμι βασανίσαι· καὶ ἐὰν μὴ φανῶ ταύτῃ τῇ νυκτὶ ἐν οἴκῳ καθεύδων ἢ ἐξελθών ποι, ὁμολογῶ φονεὺς εἶναι.
For as many slaves as I have, male or female, I hand them all over to be tortured; and if I am not shown to have been sleeping at home on that night, or to have gone out anywhere, I confess to being the murderer.
ἡ δὲ νὺξ οὐκ ἄσημος· τοῖς γὰρ Διιπολείοις ὁ ἀνὴρ ἀπέθανε.
And the night is not obscure; for the man died during the Diipolieia.
§4.9περὶ δὲ τῆς εὐδαιμονίας, ἧς ἕνεκα τρέμοντά μέ φασιν εἰκότως ἀποκτεῖναι αὐτόν, πολὺ τἀναντία ἐστί.
And regarding the wealth, because of which they say I plausibly killed him out of trembling, the case is quite the opposite.
τοῖς μὲν γὰρ ἀτυχοῦσι νεωτερίζειν συμφέρει· ἐκ γὰρ τῶν μεταβολῶν ἐπίδοξος ἡ δυσπραγία μεταβάλλειν αὐτῶν ἐστι·
For to those who are unfortunate, it is advantageous to make changes; for from changes, their misfortune is expected to change.
τοῖς δʼ εὐτυχοῦσιν ἀτρεμίζειν καὶ φυλάσσειν τὴν παροῦσαν εὐπραγίαν.
But to those who are fortunate, it is advantageous to remain quiet and guard their present prosperity.
μεθισταμένων γὰρ τῶν πραγμάτων δυστυχεῖς ἐξ εὐτυχούντων καθίστανται.
For when affairs are shifted, unfortunate men are established from those who were fortunate.
§4.10ἐκ δὲ τῶν εἰκότων προσποιούμενοί με ἐλέγχειν, οὐκ εἰκότως ἀλλʼ ὄντως φονέα μέ φασι τοῦ ἀνδρὸς εἶναι.
And while pretending to convict me from the probabilities, they say that I am not likely but actually the murderer of the man.
τὰ δὲ εἰκότα ἄλλα πρὸς ἐμοῦ μᾶλλον ἀποδέδεικται ὄντα.
But other probabilities have been shown to be rather in my favor.
ὅ τε γὰρ καταμαρτυρῶν μου ἄπιστος ἐλήλεγκται ὤν, ὅ τε ἔλεγχος οὐκ ἔστι· τά τε τεκμήρια ἐμά, οὐ τούτων ὄντα ἐδήλωσα· τά τε ἴχνη τοῦ φόνου οὐκ εἰς ἐμὲ φέροντα, ἀλλʼ εἰς τοὺς ἀπολυομένους ἀποδέδεικται ὑπʼ αὐτῶν.
For the one testifying against me has been proved to be unreliable, and there is no refutation; and I have shown that the signs are mine, not theirs; and the tracks of the murder have been proved by them to lead not to me, but to those who are cleared.
πάντων δὲ τῶν κατηγορηθέντων ἀπίστων ἐλεγχθέντων, οὐκ ἐὰν ἀποφύγω οὐκ ἔστιν ἐξ ὧν ἐλεγχθήσονται οἱ κακουργοῦντες, ἀλλʼ ἐὰν καταληφθῶ, οὐδεμία ἀπολογία τοῖς διωκομένοις ἀρκοῦσά ἐστιν.
When all the accusations have been proved unreliable, it is not the case that if I escape there will be no means by which the criminals are convicted, but if I am convicted, no defense is sufficient for the prosecuted.
§4.11οὕτω δὲ ἀδίκως διώκοντές με, αὐτοὶ μὲν ἀνοσίως ἀποκτεῖναι ζητοῦντες καθαροί φασιν εἶναι, ἐμὲ δέ, ὃς εὐσεβεῖν ὑμᾶς πείθω, ἀνόσια δρᾶν λέγουσιν.
And thus prosecuting me unjustly, they claim to be pure while seeking to kill me impiously, and they say that I, who persuade you to be pious, commit impious deeds.
ἐγὼ δὲ καθαρὸς ὢν πάντων τῶν ἐγκλημάτων ὑπὲρ μὲν ἐμαυτοῦ ἐπισκήπτω αἰδεῖσθαι τὴν τῶν μηδὲν ἀδικούντων εὐσέβειαν, ὑπὲρ δὲ τοῦ ἀποθανόντος ἀναμιμνῄσκων τὴν ποινὴν παραινῶ ὑμῖν μὴ τὸν ἀναίτιον καταλαβόντας τὸν αἴτιον ἀφεῖναι· ἀποθανόντος γὰρ ἐμοῦ οὐδεὶς ἔτι τὸν αἴτιον ζητήσει.
But since I am pure of all charges, on my own behalf I charge you to respect the piety of those who do no wrong; and on behalf of the deceased, reminding you of the punishment, I advise you not to convict the innocent and let the guilty go free; for if I die, no one will search for the guilty one anymore.
§4.12ταῦτα οὖν σεβόμενοι ὁσίως καὶ δικαίως ἀπολύετέ με, καὶ μὴ μετανοήσαντες τὴν ἁμαρτίαν γνῶτε· ἀνίατος γὰρ ἡ μετάνοια τῶν τοιούτων ἐστίν.
Therefore, respecting these things, acquit me piously and justly, and do not realize your error only after repenting; for repentance of such matters is incurable.

Notes

  1. §4.1ἣν οὐ δικαίως αἰτιῶμαι ὡς οὗτοί φασιν — The verb αἰτιῶμαι is the present middle 1st person singular of αἰτιάομαι ('to accuse', 'to blame'). With the relative pronoun ἣν referring to ἀτυχίᾳ, it is the defendant's ironic response to the prosecution's claim in the previous speech (§3.1) that the defendant unjustly blames his misfortune as a shield. Thus, the active meaning of the middle voice ('to blame', 'to make an excuse of') is adopted.
  2. §4.4τῶν μὲν ἐντυχόντων ... οὐδένα ὅντινα οὐκ εἰκότερον εἶναι ... ἢ ἀπολιπόντα οἴχεσθαι — A complex double negative structure combined with a comparison: οὐδένα ὅντινα οὐκ ('there is no one who... not', meaning 'everyone...') modifies the subject of the infinitive. With the comparative construction εἰκότερον ... ἢ ('more probable than...'), the whole clause summarizes the prosecution's extreme claim: 'there was no one among those who came upon them for whom it would not have been more probable to inquire and report than to flee.'
  3. §4.5τούτων δὲ μᾶλλον ἃ εἰκὸς ἦν δρασάντων — Genitive absolute construction. τούτων acts as the semantic subject of the active participle δρασάντων. The relative clause ἃ εἰκὸς ἦν ('things which were probable') serves as the direct object of δρασάντων. The whole phrase means: 'and if these people rather did what was probable (i.e., fleeing).'
  4. §4.10οὐκ ἐὰν ἀποφύγω οὐκ ἔστιν ἐξ ὧν ἐλεγχθήσονται οἱ κακουργοῦντες — A complex conditional structure involving a double negation (οὐκ ... οὐκ ἔστιν), meaning 'it is not the case that there will not be...'. This is a direct refutation of the prosecution's claim in §3.9 ('if this man is not convicted, there is no longer any proof left'). The defendant argues: 'it is not the case that, if I escape, there will be no means by which the criminals are convicted.'

Cite this passage

Antiphon of Rhamnus, First Tetralogy §4.1-4.12. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0028.tlg002.humanitext-grc2:4.1-4.12

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