The 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.

It 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.

As 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:];There is clearly some corruption here. Some reference is wanted to the the spirits of vengeance who will continue to haunt the guilty until due reparation has been made to the dead. See app. crit. 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.Briegleb’s μήνιμα is unnecessary. It is clear from Antiph. 4.1.3 sub fin. that the writer felt the δυσμένεια τῶν ἀλιτηρίων and the μίασμα φόνου to be complementary aspects of one and the some thing. The ἀλιτήριοι were the positive forces which gave effect to the μίασμα. Hence such a phrase as μίασμα τῶν ἀλιτηρίων in the present passage is perfectly orthodox; it is the pollution to which the spirits of vengeance give expression.

Hold 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.