On the Murder of Herodes (6-10)

Moreover, a man in personal danger is sure to make some mistake; he cannot help thinking of his fate as well as of his argument, as the decision of an issue which is still in doubt always depends more upon chance than upon human effort. Hence a man in danger is bound to be not a little distraught.

Even speakers with a long experience of the courts are far from being at their best, I notice, when in any danger; they are more successful when conducting a case in safety.

So much for my request, gentlemen; it breaks no law, human or divine: and it takes into account what you have a right to expect from me as much as what I have a right to expect from you. And now for the charges made, which I will answer one at a time. To begin with, I shall prove to you that the methods used to involve me in today’s proceedings were entirely illegal and arbitrary. Not that I wish to evade trial before a popular court; as far as my belief in my innocence of the present charge and in the justice of your verdict is concerned, I would place my life in your hands even if you were not on oath and I were being tried under no particular law. No, my object is to let the arbitrary and illegal behavior of the prosecution furnish you with a presumption as to the character of the rest of their case against me.

First,[*] whereas an information has been lodged against me as a malefactor, I am being tried for murder: a thing which has never before happened to anyone in this country.[*] Indeed, the prosecution have themselves borne witness to the fact that I am not a malefactor and cannot be charged under the law directed against malefactors, as that law is concerned with thieves and footpads, and they have omitted to prove my claim to either title. Thus, as far as this arrest of mine goes, they have given you every right and justification to acquit me.

They object, however, that murder is a malefaction, and a grave one. I agree, a very grave one; so is sacrilege; so is treason; but the laws which apply to each of them differ. In my case the prosecution have first of all caused the trial to be held in the one place from which those charged with murder are always debarred by proclamation, the Agora: and secondly, although it is laid down by law that a murderer shall pay with his life, they have entered a claim for damages[*]—not as a kindness to me, but for their own benefit—and by so doing they have grudged the dead man his lawful due. Their motives you will learn in the course of my speech.[*]