Further, the following consideration indicates most strikingly that he did not desire his death: had redress for some old injury been owing to Lycinus, he could have brought Herodes into court on a charge which endangered his life, and have enlisted the help of your laws in making an end of him. By proving him a criminal he could have gained both his own object and your city’s gratitude. This he did not trouble to do: he did not even attempt to institute proceedings against him, in spite of the fact that he was running a more honorable risk by bringing Herodes into court than by engaging me to murder him. Call me witnesses to confirm these facts.The occurence of the rubric Μάρτυρες immediately after the words ὁ κίνδυνος αὐτῷ in the Mss. has led the majority of edd. to suppose that one of the usual formulae introducing witnesses has dropped out. But there are grounds for suspecting a larger lacuna. If the words καίτοι καλλίων γε ἦν ὁ κίνδυνος αὐτῷ form a complete sentence in themselves, they are both obscure and ambiguous. κίνδυνος might refer (a) to κινδύνῳ μεγάλῳ six lines above and bear the meaning the danger into which L. would bring H. by prosecuting him. The gist of the sentence would then be to endanger H.’s life by legal methods was a more creditable course for L. than to murder him. On the other hand, it might refer (b) to the risk (of failing to gain a verdict and so being fined) run by L. himself in prosecuting H. The speaker would then be saying in effect it was more creditable for L. to risk losing a case at law against H. than to risk murdering him. Of the two alternatives (b) is the more probable. But Antiphon is not in the habit of being terse to the point of obscurity; and it is hard to believe that the sentence as he wrote it ended at αὐτῷ. For a suggested supplement see crit. note 3.

So we are to understand that Lycinus left Herodes in peace as far as an action at law was concerned, and instead chose the one course which was bound to endanger both himself and me, that of plotting his death, notwithstanding the fact that, if discovered, he would have deprived me of my country and himself of his rights before heaven and mankind, and of all that men hold most sacred and most precious. I will go further: I will adopt the standpoint of the prosecution: I will admit as readily as you like that Lycinus did desire the death of Herodes. Does it follow that I should ever have been induced to perform in his stead a deed which he refused to commit with his own hand?

Was I, for instance, in a position to risk my life, and he in a position to hire me to do so? No, I had money, and he had none. On the contrary, the probabilities show that he would have been induced to commit the crime by me sooner than I by him; for even after suffering an execution for a debt of seven minae, he could not release himself from prison: his friends had to purchase his release. In fact, this affords the clearest indication of the relations between Lycinus and myself; it shows that my friendship with him was hardly close enough to make me willing to satisfy his every wish. I cannot suppose that I braved the enormous risk which murder involved to oblige him, after refusing to pay off seven minae for him when he was suffering the hardships of imprisonment.

I have proved, then, to the best of my ability that both Lycinus and I are innocent. However, the prosecution make endless play with the argument that Herodes has disappeared; and doubtless it is a fact which you want explained. Now if it is conjecture which is expected of me, you are just as capable of it as I am—we are both alike innocent of the crime; on the other hand, if it is the truth, the prosecution must ask one of the criminals: he would best be able to satisfy them.

The utmost that I who am not guilty can reply is that I am not guilty; whereas the criminal can easily reveal the facts, or at least make a good guess. Criminals no sooner commit a crime than they invent an explanation to suit iti.e., a culprit is the first to suggest that someone else is to blame.; on the other hand, an innocent man can scarcely guess the answer to what is a mystery to him. Each of you yourselves, I am sure, if asked something which he did not happen to know, would simply reply to that effect; and if told to say more, you would find yourselves, I think, in a serious difficulty.