1. There is after all, men of Athens, nothing more vexatious than to have a neighbor who is base and covetous; the very thing which has fallen to my lot. For Callicles, having set his heart on my land, has pestered me with malicious and baseless litigation: in the first place he suborned his cousin to claim my property, but the claim was proved manifestly false, and I got the better of that intrigue; then, again, he secured two awards against me for default, one in an action brought in his own name for one thousand drachmae, and another in an action which he persuaded his brother Callicrates, who is here in court, to bring.
1. οὐκ ἦν ἄρʼ, ὦ ἄνδρες Ἀθηναῖοι, χαλεπώτερον οὐδὲν ἢ γείτονος πονηροῦ καὶ πλεονέκτου τυχεῖν, ὅπερ ἐμοὶ νυνὶ συμβέβηκεν. ἐπιθυμήσας γὰρ τῶν χωρίων μου Καλλικλῆς οὕτω διατέθηκέν με συκοφαντῶν, ὥστε πρῶτον μὲν τὸν ἀνεψιὸν τὸν ἑαυτοῦ κατεσκεύασεν ἀμφισβητεῖν μοι τῶν χωρίων, ἐξελεγχθεὶς δὲ φανερῶς καὶ περιγενομένου μου τῆς τούτων σκευωρίας πάλιν δύο δίκας ἐρήμους μου κατεδιῃτήσατο, τὴν μὲν αὐτὸς χιλίων δραχμῶν, τὴν δὲ τὸν ἀδελφὸν τουτονὶ πείσας Καλλικράτην.
2. I beg you all to listen to me, and to give me your attention, not because I am going to show myself an able speaker, but in order that you may learn from the facts themselves, that I am manifestly the victim of a malicious and baseless suit.
2. δέομαι δὴ πάντων ὑμῶν ἀκοῦσαί μου καὶ προσέχειν τὸν νοῦν, οὐχ ὡς αὐτὸς δυνησόμενος εἰπεῖν, ἀλλʼ ἵνʼ ὑμεῖς ἐξ αὐτῶν τῶν πραγμάτων καταμάθητε, ὅτι φανερῶς συκοφαντοῦμαι.
3. A single plea, men of Athens, I bring before you to answer all the arguments of these men, a just one. My father built the wall around this land almost before I was born, while Callippides, the father of these men was still living, and was my father’s neighbor (and of course he knew the facts better than these men do), and when, moreover, Callicles was already a grown man, and was living at Athens;
3. ἓν μὲν οὖν, ὦ ἄνδρες Ἀθηναῖοι, πρὸς ἅπαντας τοὺς τούτων λόγους ὑπάρχει μοι δίκαιον. τὸ γὰρ χωρίον τοῦτο περιῳκοδόμησεν ὁ πατὴρ μικροῦ δεῖν πρὶν ἐμὲ γενέσθαι, ζῶντος μὲν ἔτι Καλλιππίδου τοῦ τούτων πατρὸς καὶ γειτνιῶντος, ὃς ἀκριβέστερον ᾔδει δήπου τούτων, ὄντος δὲ Καλλικλέους ἀνδρὸς ἤδη καὶ ἐπιδημοῦντος Ἀθήνησιν.
4. and my father lived on more than fifteen years longer, and their father as many. In all these years no one ever came to object or make complaint (and yet of course it often rained then, just as it does now); no one made any opposition at the start, as he would have done, if my father by walling in his land had caused injury to anyone; nor did anyone forbid him, or protest against his action.
4. ἐν δὲ τούτοις τοῖς ἔτεσιν ἅπασιν οὔτʼ ἐγκαλῶν οὐδεὶς πώποτʼ ἦλθεν οὔτε μεμφόμενος (καίτοι δῆλον ὅτι καὶ τόθʼ ὕδατα πολλάκις ἐγένετο), οὐδʼ ἐκώλυσεν ἐξ ἀρχῆς, εἴπερ ἠδίκει τινὰ περιοικοδομῶν ὁ πατὴρ τὸ ἡμέτερον χωρίον, ἀλλʼ οὐδʼ ἀπηγόρευσεν οὐδὲ διεμαρτύρατο, πλέον μὲν ἢ πεντεκαίδεκʼ ἔτη τοῦ πατρὸς ἐπιβιόντος, οὐκ ἐλάττω δὲ τοῦ τούτων πατρὸς Καλλιππίδου.
5. And yet, Callicles, when you saw that the watercourse was being dammed, you people might, I suppose, have gone at once to my father and complained angrily, and said to him, “Teisias, what is this that you are doing? Are you damming the watercourse? Why, then the water will burst through on to our land.” In that case, if he had seen fit to desist, you and I would be having no quarrel with one another; or, if he paid no heed, and any such mischief resulted, you would have been able to avail yourself of those who were present as witnesses.
5. καίτοι, ὦ Καλλίκλεις, ἐξῆν δήπου τόθʼ ὑμῖν, ὁρῶσιν ἀποικοδομουμένην τὴν χαράδραν, ἐλθοῦσιν εὐθὺς ἀγανακτεῖν καὶ λέγειν πρὸς τὸν πατέρα Τεισία, τί ταῦτα ποιεῖς; ἀποικοδομεῖς τὴν χαράδραν; εἶτʼ ἐμπεσεῖται τὸ ὕδωρ εἰς τὸ χωρίον τὸ ἡμέτερον, ἵνʼ εἰ μὲν ἐβούλετο παύσασθαι, μηδὲν ἡμῖν ἦν δυσχερὲς πρὸς ἀλλήλους, εἰ δʼ ὠλιγώρησεν καὶ συνέβη τι τοιοῦτον, μάρτυσιν εἶχες τοῖς τότε παραγενομένοις χρῆσθαι.
6. And, by heaven, you ought to have satisfied all men that there was a watercourse, that you might have shown, not by your mere statement, as is the case now, but on a basis of fact, that my father was guilty of wrongdoing. Yet no one of these men ever thought of doing any such thing. For, had you done this, you would not have got an award for default against me, as you now have, nor would you have gained anything by your malicious charges;
6. καὶ νὴ Διʼ ἐπιδεῖξαί γέ σʼ ἔδει πᾶσιν ἀνθρώποις χαράδραν οὖσαν, ἵνα μὴ λόγῳ μόνον, ὥσπερ νῦν, ἀλλʼ ἔργῳ τὸν πατέρʼ ἀδικοῦντʼ ἀπέφαινες. τούτων τοίνυν οὐδὲν πώποτʼ οὐδεὶς ποιεῖν ἠξίωσεν. οὐ γὰρ ἂν οὔτʼ ἐρήμην, ὥσπερ ἐμοῦ νῦν, κατεδιῃτήσασθε, οὔτε πλέον ἂν ἦν ὑμῖν συκοφαντοῦσιν οὐδέν, ἀλλʼ [εἰ ἠνέγκατε τότε μάρτυρα καὶ ἐπεμαρτύρασθε, νῦν] ἀπέφαινεν ἂν ἐκεῖνος εἰδὼς ἀκριβῶς ὅπως εἶχεν ἕκαστα τούτων, καὶ τοὺς ῥᾳδίως τούτους μαρτυροῦντας ἐξήλεγχεν.
7. for if you had at that time brought a witness and appealed to his testimony, he would now have proved from his own knowledge precisely how the several matters stood, and would have refuted these men who are so glib with their testimony. But, I fancy, you have all come to despise one so young as I am, and so inexperienced in affairs. But, men of Athens, I adduce their own acts as the strongest evidence against them all; for how is it that not one of them ever protested, or lodged a complaint, or even uttered a word of censure, but they were content to submit to this injury?
7. ἀνθρώπου δʼ οἶμαι τηλικούτου καὶ ἀπείρου [τῶν] πραγμάτων ἅπαντες καταπεφρονήκατέ μου. ἀλλʼ ἐγὼ πρὸς ἅπαντας τούτους, ὦ ἄνδρες Ἀθηναῖοι, τὰς αὐτῶν πράξεις ἰσχυροτάτας μαρτυρίας παρέχομαι. διὰ τί γὰρ οὐδεὶς οὔτʼ ἐπεμαρτύρατʼ οὔτʼ ἐνεκάλεσεν, ἀλλʼ οὐδʼ ἐμέμψατο πώποτε, ἀλλʼ ἐξήρκει ταῦτʼ αὐτοῖς ἠδικημένοις περιορᾶν;
8. Well, I think that what I have said is by itself a sufficient answer to their shameless claims; but that you may be assured, men of Athens, on other grounds as well that my father committed no wrong in walling in the land, and that these men have uttered nothing but falsehoods, I shall try to explain to you even more clearly.
8. ἐγὼ τοίνυν ἱκανὰ μὲν ἡγοῦμαι καὶ ταῦτʼ εἶναι πρὸς τὴν τούτων ἀναίδειαν· ἵνα δʼ εἰδῆτʼ, ὦ ἄνδρες Ἀθηναῖοι, καὶ περὶ τῶν ἄλλων, ὡς οὔθʼ ὁ πατὴρ οὐδὲν ἠδίκει περιοικοδομῶν τὸ χωρίον οὗτοί τε κατεψευσμένοι πάντʼ εἰσὶν ἡμῶν, ἔτι σαφέστερον ὑμᾶς πειράσομαι διδάσκειν. τὸ μὲν γὰρ χωρίον ὁμολογεῖται καὶ παρʼ αὐτῶν τούτων ἡμέτερον ἴδιον εἶναι·
9. That the land is our private property is admitted by these men themselves, and this being the case, men of Athens, if you could see the place, you would know at once that their suit is groundless. For this reason I wanted to refer the case to impartial persons who know the locality, but these men refused, although they now try to maintain that they wished it. This, too, will be made clear to you all in a moment; but give close heed, men of Athens, I beg you in the name of Zeus and the gods!
9. τούτου δʼ ὑπάρχοντος, ὦ ἄνδρες Ἀθηναῖοι, μάλιστα μὲν ᾔδειτʼ ἂν ἰδόντες τὸ χωρίον ὅτι συκοφαντοῦμαι. διὸ καὶ τοῖς εἰδόσιν ἐπιτρέπειν ἐβουλόμην ἐγώ, τοῖς ἴσοις. ἀλλʼ οὐχ οὗτοι, καθάπερ νυνὶ λέγειν ἐπιχειροῦσιν· δῆλον δʼ ὑμῖν καὶ τοῦτʼ αὐτίκʼ ἔσται πᾶσιν. ἀλλὰ προσέχετʼ, ὦ ἄνδρες Ἀθηναῖοι, πρὸς Διὸς καὶ θεῶν τὸν νοῦν.
10. For the space between my property and theirs is a road, and as a hilly country encircles them, unluckily for the farms, the water that flows down runs, as it happens, partly into the road, and partly on to the farms. And in particular, that which pours into the road, whenever it has free course, flows down along the road, but when there is any stoppage, then it of necessity overflows upon the farms.
10. τοῦ γὰρ χωρίου τοῦ τʼ ἐμοῦ καὶ τοῦ τούτων τὸ μέσον ὁδός ἐστιν, ὄρους δὲ περιέχοντος κύκλῳ τοῖς χωρίοις τὸ καταρρέον ὕδωρ τῇ μὲν εἰς τὴν ὁδόν, τῇ δʼ εἰς τὰ χωρία συμβαίνει φέρεσθαι. καὶ δὴ καὶ τούτου τὸ εἰσπῖπτον εἰς τὴν ὁδόν, ᾗ μὲν ἂν εὐοδῇ, φέρεται κάτω κατὰ τὴν ὁδόν, ᾗ δʼ ἂν ἐνστῇ τι, τηνικαῦτα τοῦτʼ εἰς τὰ χωρίʼ ὑπεραίρειν ἀναγκαῖον ἤδη.
11. Now this particular piece of land, as it happened, was inundated after a heavy downpour had occurred. As a result of neglect, when my father was not yet in possession of the land, but a man held it who utterly disliked the neighborhood, and preferred to live in the city, the water overflowed two or three times, wrought damage to the land, and was more and more making itself a path. For this reason my father, when he saw it (so I am informed by those acquainted with the circumstances), inasmuch as the neighbors also began to encroach upon the property and walk across it, built around it this enclosing wall.
11. καὶ δὴ κατὰ τοῦτο τὸ χωρίον, ὦ ἄνδρες δικασταί, γενομένης ἐπομβρίας συνέβη τὸ ὕδωρ ἐμβαλεῖν· ἀμεληθὲν δʼ οὔπω τοῦ πατρὸς ἔχοντος αὐτό, ἀλλʼ ἀνθρώπου δυσχεραίνοντος ὅλως τοῖς τόποις καὶ μᾶλλον ἀστικοῦ, δὶς καὶ τρὶς ἐμβαλὸν τὸ ὕδωρ τά τε χωρίʼ ἐλυμήνατο καὶ μᾶλλον ὡδοποίει. διὸ δὴ ταῦθʼ ὁ πατὴρ ὁρῶν, ὡς ἐγὼ τῶν εἰδότων ἀκούω, καὶ τῶν γειτόνων ἐπινεμόντων ἅμα καὶ βαδιζόντων διὰ τοῦ χωρίου, τὴν αἱμασιὰν περιῳκοδόμησεν ταύτην.
12. To prove that I am speaking the truth in this, I shall bring before you as witnesses those who know the facts, and circumstantial evidence, men of Athens, far stronger than any testimony. Callicles says that I am doing him an injury by having walled off the watercourse; but I shall show that this is private land and no watercourse.
12. καὶ ὡς ταῦτʼ ἀληθῆ λέγω, παρέξομαι μὲν καὶ μάρτυρας ὑμῖν τοὺς εἰδότας, πολὺ δʼ, ὦ ἄνδρες Ἀθηναῖοι, τῶν μαρτύρων ἰσχυρότερα τεκμήρια. Καλλικλῆς μὲν γάρ φησιν τὴν χαράδραν ἀποικοδομήσαντα βλάπτειν ἔμʼ αὑτόν· ἐγὼ δʼ ἀποδείξω χωρίον ὂν τοῦτο, ἀλλʼ οὐ χαράδραν.
13. If it were not admitted to be our private property, we should perhaps be guilty of this wrongdoing, if we had fenced off a piece of public land; but as it is, they do not dispute this, and on the land there are trees planted, vines and figs. Yet who would think of planting these in a watercourse? Nobody, surely. Again, who would think of burying his own ancestors there? No one, I think, would do this either.
13. εἰ μὲν οὖν μὴ συνεχωρεῖθʼ ἡμέτερον ἴδιον εἶναι, τάχʼ ἂν τοῦτʼ ἠδικοῦμεν, εἴ τι τῶν δημοσίων ᾠκοδομοῦμεν· νυνὶ δʼ οὔτε τοῦτʼ ἀμφισβητοῦσιν, ἔστιν τʼ ἐν τῷ χωρίῳ δένδρα πεφυτευμένα, ἄμπελοι καὶ συκαῖ. καίτοι τίς ἂν ἐν χαράδρᾳ ταῦτα φυτεύειν ἀξιώσειεν; οὐδείς γε. τίς δὲ πάλιν τοὺς αὑτοῦ προγόνους θάπτειν;
14. Well, both these things have been done. For not only were the trees planted before my father built the wall, but the tombs are old, and were built before we acquired the property. Yet, since this is the case, what stronger argument could there be, men of Athens? The facts afford manifest proof. (To the clerk.) Now please take all these depositions, and read them. The Depositions Men of Athens, you hear the depositions.
14. οὐδὲ τοῦτʼ οἶμαι. ταῦτα τοίνυν ἀμφότερʼ, ὦ ἄνδρες δικασταί, συμβέβηκεν· καὶ γὰρ τὰ δένδρα πεφύτευται πρότερον ἢ τὸν πατέρα περιοικοδομῆσαι τὴν αἱμασιάν, καὶ τὰ μνήματα παλαιὰ καὶ πρὶν ἡμᾶς κτήσασθαι τὸ χωρίον γεγενημένʼ ἐστίν. καίτοι τούτων ὑπαρχόντων τίς ἂν ἔτι λόγος ἰσχυρότερος, ὦ ἄνδρες Ἀθηναῖοι, γένοιτο; τὰ γὰρ ἔργα φανερῶς ἐξελέγχει. καί μοι λαβὲ πάσας νυνὶ τὰς μαρτυρίας, καὶ λέγε. ΜΑΡΤΥΡΙΑΙ.
15. Do they not appear to you to testify expressly that it is a place full of trees, and that it contains some tombs and other things which are to be found in most private pieces of land? Do they not prove also that the land was walled in during the lifetime of their father without opposition being made by these men or any other of the neighbors?
15. ἀκούετʼ, ὦ ἄνδρες Ἀθηναῖοι, τῶν μαρτυριῶν. ἆρʼ ὑμῖν δοκοῦσι διαρρήδην μαρτυρεῖν, καὶ χωρίον εἶναι δένδρων μεστὸν καὶ μνήματʼ ἔχειν τινὰ καὶ τἄλλʼ ἅπερ καὶ τοῖς ἄλλοις χωρίοις συμβέβηκεν, καὶ πάλιν ὅτι περιῳκοδομήθη τὸ χωρίον ζῶντος μὲν ἔτι τοῦ τούτων πατρός, οὐκ ἀμφισβητούντων δʼ οὔτε τούτων οὔτʼ ἄλλου τῶν γειτόνων οὐδενός;
16. It is worth your while, men of the jury, to hear some remarks also about the other statements made by Callicles. And first, consider whether any one of you has ever seen or heard of a watercourse existing by the side of a road. I think that in the whole country there is not a single one. For what could induce any man to make a channel through his private lands for water which would otherwise have gone rushing down a public road?
16. ἄξιον δʼ, ὦ ἄνδρες δικασταί, καὶ περὶ τῶν ἄλλων ὧν εἴρηκε Καλλικλῆς ἀκοῦσαι. καὶ σκέψασθε πρῶτον μέν, εἴ τις ὑμῶν ἑόρακεν ἢ ἀκήκοεν πώποτε παρʼ ὁδὸν χαράδραν οὖσαν. οἶμαι γὰρ ἐν πάσῃ τῇ χώρᾳ μηδεμίαν εἶναι· τοῦ γὰρ ἕνεκʼ ⟨ἄν⟩, ὃ διὰ τῆς ὁδοῦ τῆς δημοσίας ἔμελλεν βαδιεῖσθαι φερόμενον, τούτῳ διὰ τῶν ἰδίων χωρίων χαράδραν ἐποίησέν τις;
17. And what one of you, whether in the country or the city would allow water passing along the highway to flow into his farm or his house? On the contrary, when it forces its way in, is it not our habit to dam or wall it off? But the plaintiff demands of me that I let the water from the road flow into my land, and, when it has passed beyond his, turn it back again into the road. Well then, the neighbor who farms the land next to his will make complaint; for it is plain that they too will have the same right to protest that the plaintiff has.
17. ἔπειτα τίς ἂν ὑμῶν εἴτʼ ἐν ἀγρῷ νὴ Δίʼ εἴτʼ ἐν ἄστει τὸ διὰ τῆς ὁδοῦ ῥέον ὕδωρ εἰς τὸ χωρίον ἢ τὴν οἰκίαν δέξαιτʼ ἂν [αὑτοῦ]; ἀλλʼ οὐκ αὐτὸ τοὐναντίον, κἂν βιάσηταί ποτε, ἀποφράττειν ἅπαντες καὶ παροικοδομεῖν εἰώθαμεν; οὗτος τοίνυν ἀξιοῖ μʼ ἐκ τῆς ὁδοῦ τὸ ὕδωρ εἰσδεξάμενον εἰς τὸ ἐμαυτοῦ χωρίον, ὅταν τὸ τούτου παραλλάξῃ χωρίον, πάλιν εἰς τὴν ὁδὸν ἐξαγαγεῖν. οὐκοῦν πάλιν ὁ μετὰ τοῦτόν μοι γεωργῶν τῶν γειτόνων ἐγκαλεῖ· τὸ γὰρ ὑπὲρ τούτου δίκαιον δῆλον ὅτι κἀκείνοις ὑπάρξει πᾶσι λέγειν.
18. But surely, if I am afraid to divert the water into the road, I should be a rash man indeed, if I were to turn it into land. For when I am being sued for penalty because the water flowing from the road spread over the plaintiff’s land, what treatment in heaven’s name must I expect to meet at the hands of those who suffer damage from the water overflowing from my own land? But if, once I have got the water on my property, I am not to be allowed to drain it off either into the road or onto private land, men of the jury, what course in the name of the gods remains for me? I take it, Callicles will not force me to drink it all up!
18. ἀλλὰ μὴν εἴ γʼ εἰς τὴν ὁδὸν ὀκνήσω τὸ ὕδωρ ἐξάγειν, ἦ που σφόδρα θαρρῶν εἰς τὸ τοῦ πλησίον χωρίον ἀφιείην ἄν. ὅπου γὰρ δίκας ἀτιμήτους φεύγω διότι τὸ ἐκ τῆς ὁδοῦ ῥέον ὕδωρ εἰς τὸ τούτου χωρίον διέπεσεν, τί πείσομαι πρὸς Διὸς ὑπὸ τῶν ἐκ τοῦ χωρίου τοὐμοῦ τοῦ ὕδατος εἰσπεσόντος βλαπτομένων; ὅπου δὲ μήτʼ εἰς τὴν ὁδὸν μήτʼ εἰς τὰ χωρίʼ ἀφιέναι μοι τὸ ὕδωρ ἐξέσται δεξαμένῳ, τί λοιπόν, ὦ ἄνδρες δικασταί, πρὸς θεῶν; οὐ γὰρ ἐκπιεῖν γε δήπου με Καλλικλῆς αὐτὸ προσαναγκάσει.
19. Well then, after suffering these annoyances at their hands and many other grievous ones as well, I must be content, not indeed to win my suit, but to escape paying a further penalty! If, men of the jury, there had been a watercourse below me to receive the water, I should perhaps have been wrong in not letting it in on my land, just as on certain other farms there are recognized watercourses in which the first landowners let the water flow (as they do the gutter-drains from the houses), and others again receive it from them in like manner. But on the land in question no one gives the water over to me or receives it from me. How, then, can it be a watercourse?
19. ταῦτα τοίνυν ἐγὼ πάσχων ὑπὸ τούτων καὶ πόλλʼ ἕτερα καὶ δεινά, μὴ ὅτι δίκην λαβών, ἀλλὰ μὴ προσοφλὼν ἀγαπήσαιμʼ ἄν. εἰ μὲν γὰρ ἦν, ὦ ἄνδρες δικασταί, χαράδρα πάλιν ὑποδεχομένη, τάχʼ ἂν ἠδίκουν ἐγὼ μὴ δεχόμενος, ὥσπερ ἀνʼ ἕτερʼ ἄττα τῶν χωρίων εἰσὶν ὁμολογούμεναι χαράδραι· καὶ ταύταις δέχονται μὲν οἱ πρῶτοι, καθάπερ τοὺς ἐκ τῶν οἰκιῶν χειμάρρους, παρὰ τούτων δʼ ἕτεροι παραλαμβάνουσιν ὡσαύτως· ταύτῃ δʼ οὔτε παραδίδωσιν οὐδεὶς οὔτε παρʼ ἐμοῦ παραλαμβάνει.
20. An overflow of water has ere now, I imagine, often done damage to many who have not guarded against it, just as it has in this case to the plaintiff. But this is the thing that is most outrageous of all, that Callicles, when the water overflows on his land, brings up huge stones and walls it off, but has brought suit for damages against me on the ground that my father was guilty of wrongdoing, because when the same thing happened to his land, he built an enclosing wall. And yet, if all those who have suffered loss because water has flooded their lands in this region are to bring suit against me, my fortune, even if multiplied many times, would not meet the costs.
20. πῶς ἂν οὖν εἴη τοῦτο χαράδρα; τὸ δʼ εἰσπεσὸν ὕδωρ ἔβλαψεν οἶμαι πολλάκις ἤδη πολλοὺς μὴ φυλαξαμένους, ἔβλαψε δὲ καὶ νῦν τουτονί. ὃ καὶ πάντων ἐστὶν δεινότατον, εἰ Καλλικλῆς μὲν εἰς τὸ χωρίον εἰσπεσόντος τοῦ ὕδατος ἁμαξιαίους λίθους προσκομίσας ἀποικοδομεῖ, τοῦ δὲ πατρός, ὅτι τοῦτο παθόντος τοῦ χωρίου περιῳκοδόμησεν, ὡς ἀδικοῦντος ἐμοὶ βλάβης εἴληχε δίκην. καίτοι εἰ ὅσοι κακῶς πεπόνθασιν ὑπὸ τῶν ὑδάτων τῶν ταύτῃ ῥεόντων ἐμοὶ λήξονται δίκας, οὐδὲ πολλαπλάσια γενόμενα τὰ ὄντʼ ἐξαρκέσειεν ἄν μοι.
21. But these men are so different from the others, that, although they have suffered no damage, as I shall presently make clear to you, while many others have suffered damage in many grievous ways, they alone have had the effrontery to sue me. Yet anyone else would have had better reason to do this than they have; for even if they have suffered damage, it has been through their own fault, though they bring a malicious suit against me; whereas the others, not to speak of anything else, are open to no such imputation. But that I may not speak confusedly of all matters at once, take, please, the depositions of the neighbors. The Depositions Is it not, then, an outrageous thing, men of the jury, that, while these people have made no complaint against me, although they suffered such heavy damages, nor has anyone else of those who suffered misfortune, but they have accepted their lot, this man should bring a malicious suit?
21. τοσοῦτον τοίνυν διαφέρουσιν οὗτοι τῶν ἄλλων, ὥστε πεπονθότες μὲν οὐδέν, ὡς αὐτίχʼ ὑμῖν ἐγὼ σαφῶς ἐπιδείξω, πολλῶν δὲ πολλὰ καὶ μεγάλα βεβλαμμένων, μόνοι δικάζεσθαι τετολμήκασιν οὗτοί μοι. καίτοι πᾶσι μᾶλλον ἐνεχώρει τοῦτο πράττειν. οὗτοι μὲν γάρ, εἰ καί τι πεπόνθασιν, αὐτοὶ διʼ αὑτοὺς βεβλαμμένοι συκοφαντοῦσιν· ἐκεῖνοι δέ, εἰ καὶ μηδὲν ἄλλο, τοιαύτην γʼ οὐδεμίαν αἰτίαν ἔχουσιν. ἀλλʼ ἵνα μὴ πάνθʼ ἅμα συνταράξας λέγω, λαβέ μοι τὰς τῶν γειτόνων μαρτυρίας. ΜΑΡΤΥΡΙΑΙ.
22. But that he is himself at fault, first in that he made the road narrower by extending his wall beyond the property line, in order to enclose the trees of the road, and, secondly, in that he threw the rubbish into it, from which actions it resulted that he made the road higher as well as narrower—of this you will presently gain clearer knowledge from the depositions.
22. οὔκουν δεινόν, ὦ ἄνδρες δικασταί, τούτους μὲν μηδὲν ἐγκαλεῖν μοι τοσαῦτα βεβλαμμένους, μηδʼ ἄλλον μηδένα τῶν ἠτυχηκότων, ἀλλὰ τὴν τύχην στέργειν, τουτονὶ δὲ συκοφαντεῖν; ὃν ὅτι μὲν αὐτὸς ἐξημάρτηκεν πρῶτον μὲν τὴν ὁδὸν στενοτέραν ποιήσας, ἐξαγαγὼν ἔξω τὴν αἱμασιάν, ἵνα τὰ δένδρα τῆς ὁδοῦ ποιήσειεν εἴσω, ἔπειτα δὲ τὸν χλῆδον ἐκβαλὼν εἰς τὴν ὁδόν, ἐξ ὧν ὑψηλοτέραν τὴν αὐτὴν καὶ στενοτέραν πεποιῆσθαι συμβέβηκεν, ἐκ τῶν μαρτυριῶν αὐτίκʼ εἴσεσθε σαφέστερον, ὅτι δʼ οὐδὲν ἀπολωλεκὼς οὐδὲ καταβεβλαμμένος ἄξιον λόγου τηλικαύτην μοι δίκην εἴληχεν, τοῦθʼ ὑμᾶς ἤδη πειράσομαι διδάσκειν.
23. But I shall now endeavor to show you that he has brought a suit for such heavy damages against me without having suffered any loss or damage worthy of mention. Before they undertook this malicious action against me, my mother and theirs were intimate friends and used to visit one another, as was natural, since both lived in the country and were neighbors, and since, furthermore, their husbands had been friends while they lived.
23. τῆς γὰρ μητρὸς τῆς ἐμῆς χρωμένης τῇ τούτων μητρὶ πρὶν τούτους ἐπιχειρῆσαι με συκοφαντεῖν, καὶ πρὸς ἀλλήλας ἀφικνουμένων, οἷον εἰκὸς ἅμα μὲν ἀμφοτέρων οἰκουσῶν ἐν ἀγρῷ καὶ γειτνιωσῶν, ἅμα δὲ τῶν ἀνδρῶν χρωμένων ἀλλήλοις ἕως ἔζων, ἐλθούσης δὲ τῆς ἐμῆς μητρὸς ὡς τὴν τούτων καὶ ἀποδυραμένης ἐκείνης τὰ συμβάντα καὶ δεικνυούσης, οὕτως ἐπυθόμεθα πάνθʼ ἡμεῖς, ὦ ἄνδρες δικασταί·
24. Well, my mother went to see theirs, and the latter told her with weeping what had happened, and showed her the effects; this, men of the jury, is the way in which I learned all the facts. And I am telling you just what I heard from my mother;—as I speak the truth, so may many blessings be mine; if I am lying, may the opposite befall me. She averred that she saw, and heard from their mother, that some of the barley got wet (she saw them drying it), but not so much as three medimni, and about half a medimnus of wheat flour; also, she said, a jar of olive oil had tilted over, but had not been damaged.
24. καὶ λέγω μὲν ἅπερ ἤκουσα τῆς μητρός, οὕτω μοι πόλλʼ ἀγαθὰ γένοιτο, εἰ δὲ ψεύδομαι, τἀναντία τούτων· ἦ μὴν ὁρᾶν καὶ τῆς τούτων μητρὸς ἀκούειν ἔφη, κριθῶν μὲν βρεχθῆναι, καὶ ξηραινομένους ἰδεῖν αὑτήν, μηδὲ τρεῖς μεδίμνους, ἀλεύρων δʼ ὡς ἡμιμέδιμνον· ἐλαίου δʼ ἀποκλιθῆναι μὲν κεράμιον φάσκειν, οὐ μέντοι παθεῖν γʼ οὐδέν.
25. So trivial, men of the jury, was the loss that befell them, yet for this I am made defendant in a suit with damages fixed at a thousand drachmae! If he repaired an old wall, this surely ought not to be charged against me—a wall moreover which neither fell down nor suffered any damage. So, if I were to concede that I was to blame for everything that occurred, the things that got wet were these.
25. τοσαῦτʼ, ὦ ἄνδρες δικασταί, τὰ συμβάντʼ ἦν τούτοις, ἀνθʼ ὧν ἐγὼ χιλίων δραχμῶν δίκην ἀτίμητον φεύγω. οὐ γὰρ δὴ τειχίον γʼ εἰ παλαιὸν ἐπῳκοδόμησεν, ἐμοὶ καὶ τοῦτο λογιστέον ἐστίν, ὃ μήτʼ ἔπεσεν μήτʼ ἄλλο δεινὸν μηδὲν ἔπαθεν. ὥστʼ εἰ συνεχώρουν αὐτοῖς ἁπάντων αἴτιος εἶναι τῶν συμβεβηκότων, τά γε βρεχθέντα ταῦτʼ ἦν.
26. But since in the beginning my father was within his rights in enclosing the land and these people never made any complaint during the lapse of so long a time, and the others who were severely damaged make no complaint any more than they; and since it is the custom of all of you to drain the water from your houses and lands into the road, and not, heaven knows, to let it flow in from the road, what need is there to say more? These facts of themselves make it clear that the suit against me is a baseless and malicious one, since I am guilty of no wrong, and they have not suffered the damage they allege.
26. ὁπότε δὲ μήτʼ ἐξ ἀρχῆς ὁ πατὴρ ἠδίκει τὸ χωρίον περιοικοδομῶν, μήθʼ οὗτοι πώποτʼ ἐνεκάλεσαν τοσούτου χρόνου διελθόντος, οἵ τʼ ἄλλοι πολλὰ καὶ δεινὰ πεπονθότες μηδὲν μᾶλλον ἐγκαλοῦσιν ἐμοί, πάντες θʼ ὑμεῖς τὸ ἐκ τῶν οἰκιῶν καὶ τὸ ἐκ τῶν χωρίων ὕδωρ εἰς τὴν ὁδὸν ἐξάγειν εἰώθατε, ἀλλʼ οὐ μὰ Δίʼ εἴσω τὸ ἐκ τῆς ὁδοῦ δέχεσθαι, τί δεῖ πλείω λέγειν; οὐδὲ γὰρ ἐκ τούτων ἄδηλον ὅτι φανερῶς συκοφαντοῦμαι, οὔτʼ ἀδικῶν οὐδὲν οὔτε βεβλαμμένων ἅ φασιν.
27. However, to prove to you that they have thrown the rubbish into the road, and by advancing the wall have made the road narrower; and furthermore that I tendered an oath to their mother, and challenged them to have my mother swear in the same terms,(to the clerk) take, please, the depositions and the challenge The Depositions. The Challenge Could there, then, be people more shameless than these, or more plainly malicious pettifoggers—men who, after advancing their own wall and raising the level of the road, are suing others for damages, and that too for a fixed sum of a thousand drachmae, when they have themselves lost fifty at most?
27. ἵνα δʼ εἰδῆθʼ ὅτι καὶ τὸν χλῆδον εἰς τὴν ὁδὸν ἐκβεβλήκασιν, καὶ τὴν αἱμασιὰν προαγαγόντες στενοτέραν τὴν ὁδὸν πεποιήκασιν, ἔτι δʼ ὡς ὅρκον ἐδίδουν ἐγὼ τῇ τούτων μητρί, καὶ τὴν ἐμαυτοῦ τὸν αὐτὸν ὀμόσαι προὐκαλούμην, λαβέ μοι τάς τε μαρτυρίας καὶ τὴν πρόκλησιν. ΜΑΡΤΥΡΙΑΙ. ΠΡΟΚΛΗΣΙΣ.
28. And yet consider, men of the jury, how many people in the farm-lands have suffered from floods in Eleusis and in other places. But, good heavens, I take it each one of these is not going to claim the right to recover damages from his neighbors. And I, who might well be angry at their having made the road narrower and raised its level, keep quiet, while these men have such superabundance of audacity, it seems, that they even bring malicious suits against those whom they have injured! But surely, Callicles, if you have the right to enclose your land, we too had the right to enclose ours. And if my father wronged you by enclosing his, you are now wronging me by thus enclosing yours.
28. εἶτα τούτων ἀναισχυντότεροι γένοιντʼ ἂν ἄνθρωποι ἢ περιφανέστερον συκοφαντοῦντες, οἵτινες αὐτοὶ τὴν αἱμασιὰν προαγαγόντες καὶ τὴν ὁδὸν ἀνακεχωκότες ἑτέροις βλάβης δικάζονται, καὶ ταῦτα χιλίων δραχμῶν ἀτίμητον, οἵ γʼ οὐδὲ πεντήκοντα δραχμῶν τὸ παράπαν ἅπαντʼ ἀπολωλέκασιν; καίτοι σκοπεῖτʼ, ὦ ἄνδρες δικασταί, πόσους ὑπὸ τῶν ὑδάτων ἐν τοῖς ἀγροῖς βεβλάφθαι συμβέβηκεν, τὰ μὲν Ἐλευσῖνι, τὰ δʼ ἐν τοῖς ἄλλοις τόποις. ἀλλʼ οὐ δήπου τούτων, ὦ γῆ καὶ θεοί, παρὰ τῶν γειτόνων ἕκαστος ἀξιώσει τὰς βλάβας κομίζεσθαι. καὶ ἐγὼ μέν, ὃν προσῆκεν ἀγανακτεῖν τῆς ὁδοῦ στενοτέρας καὶ μετεωροτέρας γεγενημένης, ἡσυχίαν ἔχω· τούτοις δὲ τοσοῦτον περίεστιν ὡς ἔοικεν, ὥστε τοὺς ἠδικημένους πρὸς συκοφαντοῦσιν. καίτοι, ὦ Καλλίκλεις, εἰ καὶ ὑμῖν περιοικοδομεῖν ἔξεστιν τὸ ὑμέτερον αὐτῶν χωρίον, καὶ ἡμῖν δήπου τὸ ἡμέτερον ἐξῆν. εἰ δʼ ὁ πατὴρ ὁ ἐμὸς ἠδίκει περιοικοδομῶν ὑμᾶς, καὶ νῦν ὑμεῖς ἔμʼ ἀδικεῖτε περιοικοδομοῦντες οὕτως·
30. For it is evident that, since you have built your obstructing wall with large stones, the water will flow back upon my land, and when it so chances, may with an unlooked-for rush throw down my wall. However, I do not on this account claim damages from these men, but I shall submit to the misfortune, and shall try to protect my own property. For I think the plaintiff is acting wisely in walling in his land, but when he brings suit against me, I hold that he is the basest of men and that some ailment has impaired his wits.
30. δῆλον γὰρ ὅτι μεγάλοις λίθοις ἀποικοδομηθέντος πάλιν τὸ ὕδωρ εἰς τὸ ἐμὸν ἥξει χωρίον, εἶθʼ ὅταν τύχῃ καταβαλεῖ τὴν αἱμασιὰν ἀπροσδοκήτως. ἀλλʼ οὐδὲν μᾶλλον ἐγκαλῶ τούτοις ἐγὼ διὰ τοῦτο, ἀλλὰ στέργω τὴν τύχην καὶ τἀμαυτοῦ φυλάττειν πειράσομαι. καὶ γὰρ τοῦτον φράττοντα μὲν τὰ ἑαυτοῦ σωφρονεῖν ἡγοῦμαι, δικαζόμενον δέ μοι πονηρότατόν τʼ εἶναι καὶ διεφθαρμένον ὑπὸ νόσου νομίζω.
31. Do not be surprised, men of the jury, at the eagerness of the plaintiff or even at his having dared to bring a false charge against me now. For in a previous instance also, when he induced his cousin to lay claim to my land, he produced an agreement which had never been made. And now he has obtained an award against me for default in a similar suit, entering in the indictment the name of Callarus, one of my slaves. For in addition to their other pieces of rascality they have devised this scheme as well—they bring this same suit against Callarus.
31. μὴ θαυμάζετε δʼ, ὦ ἄνδρες δικασταί, τὴν τούτου προθυμίαν, μηδʼ εἰ τὰ ψευδῆ κατηγορεῖν νῦν τετόλμηκεν. καὶ γὰρ τὸ πρότερον πείσας τὸν ἀνεψιὸν ἀμφισβητεῖν μοι τοῦ χωρίου, συνθήκας οὐ γενομένας ἀπήνεγκεν, καὶ νῦν αὐτὸς ἐρήμην μου καταδεδιῄτηται τοιαύτην ἑτέραν δίκην, Κάλλαρον ἐπιγραψάμενος τῶν ἐμῶν δούλων. πρὸς γὰρ τοῖς ἄλλοις κακοῖς καὶ τοῦθʼ ηὕρηνται σόφισμα· Καλλάρῳ τὴν αὐτὴν δίκην δικάζονται.
32. And yet what slave would wall in his master’s land without orders from his master? But having no other charge to bring against Callarus, they lodge suit against him regarding the wall which my father built more than fifteen years before his death. And if I give up my property, either by selling it to these men or by exchanging it for other land, Callarus is guilty of no wrong, but if I do not choose to give it up to them, then they are being wronged by Callarus in all manner of grievous ways, and they look out for an arbitrator who will adjudge the property to them, or for some sort of compromise by which they will get possession of it!
32. καίτοι τίς ἂν οἰκέτης τὸ τοῦ δεσπότου χωρίον περιοικοδομήσειεν μὴ προστάξαντος τοῦ δεσπότου; Καλλάρῳ δʼ ἕτερον ἐγκαλεῖν οὐδὲν ἔχοντες, ὑπὲρ ὧν ὁ πατὴρ πλέον ἢ πεντεκαίδεκʼ ἔτη φράξας ἐπεβίω δικάζονται. κἂν μὲν ἐγὼ τῶν χωρίων ἀποστῶ τούτοις ἀποδόμενος ἢ πρὸς ἕτερα χωρία ἀλλαξάμενος, οὐδὲν ἀδικεῖ Κάλλαρος· ἂν δʼ ἐγὼ μὴ βούλωμαι τἀμαυτοῦ τούτοις προέσθαι, πάντα τὰ δεινόταθʼ ὑπὸ Καλλάρου πάσχουσιν οὗτοι, καὶ ζητοῦσιν καὶ διαιτητὴν ὅστις αὐτοῖς τὰ χωρία προσκαταγνώσεται, καὶ διαλύσεις τοιαύτας ἐξ ὧν τὰ χωρίʼ ἕξουσιν.
33. Now, men of the jury, if those who lay plots against others and bring baseless suits are to have the best of it, all that I have said would prove of no avail; but if you abominate people of that sort, and vote as justice demands, then, as Callicles has suffered no loss and has in no way been wronged either by Callarus or by my father, I do not see what need there is of my saying more.
33. εἰ μὲν οὖν, ὦ ἄνδρες δικασταί, τοὺς ἐπιβουλεύοντας καὶ συκοφαντοῦντας δεῖ πλέον ἔχειν, οὐδὲν ἂν ὄφελος εἴη τῶν εἰρημένων· εἰ δʼ ὑμεῖς τοὺς μὲν τοιούτους μισεῖτε, τὰ δὲ δίκαια ψηφίζεσθε, μήτʼ ἀπολωλεκότος Καλλικλέους μηδὲν μήτʼ ἠδικημένου μήθʼ ὑπὸ Καλλάρου μήθʼ ὑπὸ τοῦ πατρός, οὐκ οἶδʼ ὅ τι δεῖ πλείω λέγειν.
34. To prove to you, however, that previously in his designs upon my property he got the help of his cousin, and that he has in his own person obtained an award against Callarus in another such suit—looking upon me with despite because I value the man highly,—and that he has again brought another suit against Callarus,—to prove all these things the clerk shall read you the depositions. The Depositions Do not, then, men of the jury, I beg you in the name of Zeus and the gods, leave me as the prey of these men, when I have done no wrong.
34. ἵνα δʼ εἰδῆθʼ ὅτι καὶ πρότερον ἐπιβουλεύων μου τοῖς χωρίοις τὸν ἀνεψιὸν κατεσκεύασεν, καὶ νῦν τὴν ἑτέραν αὐτὸς κατεδιῃτήσατο Καλλάρου ταύτην τὴν δίκην, ἐπηρεάζων ἐμοὶ διότι τὸν ἄνθρωπον περὶ πολλοῦ ποιοῦμαι, καὶ ⟨Καλλικράτης⟩ Καλλάρῳ πάλιν εἴληχεν ἑτέραν, ἁπάντων ὑμῖν ἀναγνώσεται τὰς μαρτυρίας. ΜΑΡΤΥΡΙΑΙ.
35. I do not care so much about the penalty, hard as that is on persons of small means; but they are absolutely driving me out of the deme by their persecution and baseless charges. To prove that I have done no wrong, I was ready to submit the matter for settlement to fair and impartial men who knew the facts, and I was ready to swear the customary oath; for I thought that would be the strongest proof I could bring before you, who are yourselves upon oath. (To the clerk.) Please take the challenge and the remaining depositions. The Challenge. The Depositions.
35. μὴ οὖν πρὸς Διὸς καὶ θεῶν, ὦ ἄνδρες δικασταί, προῆσθέ με τούτοις μηδὲν ἀδικοῦντα. οὐ γὰρ τῆς ζημίας τοσοῦτόν τί μοι μέλει, χαλεπὸν ὂν πᾶσι τοῖς μικρὰν οὐσίαν ἔχουσιν· ἀλλʼ ἐκβάλλουσιν ὅλως ἐκ τοῦ δήμου μʼ ἐλαύνοντες καὶ συκοφαντοῦντες. ὅτι δʼ οὐκ ἀδικοῦμεν οὐδέν, ἕτοιμοι μὲν ἦμεν ἐπιτρέπειν τοῖς εἰδόσιν, ⟨τοῖς⟩ ἴσοις καὶ κοινοῖς, ἕτοιμοι δʼ ὀμνύναι τὸν νόμιμον ὅρκον· ταῦτα γὰρ ᾠόμεθʼ ἰσχυρότατʼ ⟨ἂν⟩ παρασχέσθαι τοῖς αὐτοῖς ὑμῖν ὀμωμοκόσιν. καί μοι λαβὲ τήν τε πρόκλησιν καὶ τὰς ὑπολοίπους ἔτι μαρτυρίας. ΠΡΟΚΛΗΣΙΣ. ΜΑΡΤΥΡΙΑΙ.