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Legal Definitions - antithetarius

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Definition of antithetarius

An antithetarius was a historical legal term referring to an individual who, when accused of a crime, responded by asserting that their accuser was, in fact, the true perpetrator of the very same crime. Essentially, it describes a situation where the accused person turns the accusation back onto the one who brought it forward.

  • Imagine a medieval village where a farmer, Elias, is accused by his neighbor, Thomas, of stealing a pig. Elias, in his defense, declares that Thomas is the actual thief and has a history of taking livestock from others. In this scenario, Elias would be considered an antithetarius because he is an accused person asserting that his accuser (Thomas) is guilty of the very crime he stands accused of.

  • Consider a historical court setting where a nobleman, Lord Alaric, is formally charged by a rival, Duke Gareth, with conspiring against the king. Lord Alaric vehemently denies the accusation and, in turn, presents evidence and argues that Duke Gareth himself is the one secretly plotting treason to usurp power. Here, Lord Alaric acts as an antithetarius by deflecting the accusation of conspiracy back onto Duke Gareth, his accuser.

  • In an ancient trading port, a merchant, Lena, is accused by a competitor, Marcus, of selling counterfeit goods. Lena responds by stating that Marcus is known for his own fraudulent dealings and is attempting to eliminate competition by making false accusations, implying Marcus is the one who truly engages in selling fake products. Lena's defense, which involves accusing Marcus of the same type of misconduct she is accused of, demonstrates her role as an antithetarius.

Simple Definition

An antithetarius was a historical legal term for an accused individual who, rather than defending against the charges, claimed that their accuser was actually the one guilty of the crime. Essentially, it was a counter-accusation made by the defendant against the prosecutor.

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