---
title: "On the Olive Stump · Ἀρεοπαγιτικὸς περὶ τοῦ σηκοῦ ἀπολογία"
author: "Lysias"
translator: "W. R. M. Lamb"
languages: [grc, en]
shelf: "Classical Greek"
url: https://scriptura.si/works/lysias-on-the-olive-stump/
cite: "Lysias, tr. W. R. M. Lamb, On the Olive Stump · Ἀρεοπαγιτικὸς περὶ τοῦ σηκοῦ ἀπολογία. Scriptura (scriptura.si), https://scriptura.si/works/lysias-on-the-olive-stump/"
---

# On the Olive Stump · Ἀρεοπαγιτικὸς περὶ τοῦ σηκοῦ ἀπολογία

*Lysias, tr. W. R. M. Lamb*

A landowner accused of digging up the stump of one of Athena’s sacred olive trees.

> Greek: ed. W.R.M. Lamb, from the Perseus Digital Library (canonical-greekLit, tlg0540.tlg007, CC BY-SA 4.0).

> English: W. R. M. Lamb, from the Perseus Digital Library (tlg0540.tlg007.perseus-eng2). Notes are not included.

> Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence.

## Contents

1. [Sections 1–42](https://scriptura.si/works/lysias-on-the-olive-stump/1.md)

## 1. Sections 1–42

Source: https://scriptura.si/works/lysias-on-the-olive-stump/1/ · cite a paragraph as https://scriptura.si/works/lysias-on-the-olive-stump/1/#p-N

[¶0] 1. Heretofore, gentlemen of the Council, I thought it possible for a person who so desired to avoid both law-suits and anxieties by leading a quiet life; but now I find myself so unexpectedly embarrassed with accusations and with nefarious slanderers that, if such a thing could be, I conceive that even those who are yet unborn ought now be feeling alarmed for what is in store for them, since the conduct of these men brings as great a share of danger upon those who have done no wrong as upon those who are guilty of many offences.

> Greek: 1. πρότερον μέν, ὦ βουλή, ἐνόμιζον ἐξεῖναι τῷ βουλομένῳ, ἡσυχίαν ἄγοντι, μήτε δίκας ἔχειν μήτε πράγματα· νυνὶ δὲ οὕτως ἀπροσδοκήτως αἰτίαις καὶ πονηροῖς συκοφάνταις περιπέπτωκα, ὥστʼ εἴ πως οἷόν τε, δοκεῖ μοι δεῖν καὶ τοὺς μὴ γεγονότας ἤδη δεδιέναι περὶ τῶν μελλόντων ἔσεσθαι· διὰ γὰρ τοὺς τοιούτους οἱ κίνδυνοι [οἱ] κοινοὶ γίγνονται καὶ τοῖς μηδὲν ἀδικοῦσι καὶ τοῖς πολλὰ ἡμαρτηκόσιν.

[¶1] 2. And this trial has been made especially perplexing for me, because at first I was indicted for clearing away an olive tree from my land, and they went and made an inquiry of the men who had brought the produce of the State olives; but having failed by this method to find that I have done anything wrong, they now say it is an olive-stump that I cleared away, judging that for me this is a most difficult accusation to refute, while to them it allows more freedom to make any statement that they please.

> Greek: 2. οὕτω δʼ ἄπορος ὁ ἀγών μοι καθέστηκεν, ὥστε ἀπεγράφην τὸ μὲν πρῶτον ἐλάαν ἐκ τῆς γῆς ἀφανίζειν, καὶ πρὸς τοὺς ἐωνημένους τοὺς καρποὺς τῶν μορίων πυνθανόμενοι προσῇσαν· ἐπειδὴ δʼ ἐκ τούτου τοῦ τρόπου ἀδικοῦντά με οὐδὲν εὑρεῖν ἐδυνήθησαν, νυνί με σηκόν ⟨φασιν⟩ ἀφανίζειν, ἡγούμενοι ἐμοὶ μὲν ταύτην τὴν αἰτίαν ἀπορωτάτην εἶναι ἀπελέγξαι, αὐτοῖς δὲ ἐξεῖναι μᾶλλον ὅ τι ἂν βούλωνται λέγειν.

[¶2] 3. So I am obliged, on a charge which this man has carefully planned against me before coming here, and which I have only heard at the same moment as you who are to decide on the case, to defend myself against the loss of my native land and my possessions. Nevertheless I will try to explain the affair to you from the beginning.

> Greek: 3. καὶ δεῖ με, περὶ ὧν οὗτος ἐπιβεβουλευκὼς ἥκει, ἅμʼ ὑμῖν τοῖς διαγνωσομένοις περὶ τοῦ πράγματος ἀκούσαντα καὶ περὶ τῆς πατρίδος καὶ περὶ τῆς οὐσίας ἀγωνίσασθαι. ὅμως δὲ πειράσομαι ἐξ ἀρχῆς ὑμᾶς διδάξαι.

[¶3] 4. This plot of ground belonged to Peisander; but when his property was confiscated, Apollodorus of Megara had it as a gift from the people and cultivated it for some time, until, shortly before the Thirty, Anticles bought it from him and let it out. I bought it from Anticles when peace had been made.

> Greek: 4. ἦν μὲν γὰρ τοῦτο Πεισάνδρου τὸ χωρίον, δημευθέντων δὲ τῶν ὄντων ἐκείνου Ἀπολλόδωρος ὁ Μεγαρεὺς δωρειὰν παρὰ τοῦ δήμου λαβὼν τὸν μὲν ἄλλον χρόνον ἐγεώργει, ὀλίγῳ δὲ πρὸ τῶν τριάκοντα Ἀντικλῆς παρʼ αὐτοῦ πριάμενος ἐξεμίσθωσεν· ἐγὼ δὲ παρʼ Ἀντικλέους εἰρήνης οὔσης ὠνοῦμαι.

[¶4] 5. So I consider, gentlemen, that my business is to show that, when I acquired the plot, there was neither olive-tree nor stump upon it. For I conceive that in respect of the previous time, even had there been sacred olives of old upon it, I could not with justice be penalized; since if we have had no hand in their clearance, there is no relevance in our being charged as guilty of the offences of others.

> Greek: 5. ἡγοῦμαι τοίνυν, ὦ βουλή, ἐμὸν ἔργον ἀποδεῖξαι ὡς ἐπειδὴ τὸ χωρίον ἐκτησάμην, οὔτʼ ἐλάα οὔτε σηκὸς ἐνῆν ἐν αὐτῷ. νομίζω γὰρ τοῦ μὲν προτέρου χρόνου, οὐδʼ εἰ πάλαι ἐνῆσαν μορίαι, οὐκ ἂν δικαίως ζημιοῦσθαι· εἰ γὰρ μὴ διʼ ἡμᾶς εἰσιν ἠφανισμέναι, οὐδὲν προσήκει περὶ τῶν ἀλλοτρίων ἁμαρτημάτων ὡς ἀδικοῦντας κινδυνεύειν.

[¶5] 6. For you are all aware that, among the numerous troubles that have been caused by the war, the outlying districts were ravaged by the Lacedaemonians, while the nearer were plundered by our friends; so how can it be just that I should be punished now for the disasters that then befell the city?

> Greek: 6. πάντες γὰρ ἐπίστασθε ὅτι ⟨ὁ⟩ πόλεμος καὶ ἄλλων πολλῶν αἴτιος κακῶν γεγένηται, καὶ τὰ μὲν πόρρω ὑπὸ Λακεδαιμονίων ἐτέμνετο, τὰ δʼ ἐγγὺς ὑπὸ τῶν φίλων διηρπάζετο· ὥστε πῶς ἂν δικαίως ὑπὲρ τῶν ⟨τότε⟩ τῇ πόλει γεγενημένων συμφορῶν ἐγὼ νυνὶ δίκην διδοίην;

[¶6] 7. And in particular, this plot of land, as having been confiscated during the war, was unsold for over three years: it is not surprising if they uprooted the sacred olives at a time in which we were unable to safeguard even our personal property. You are aware, gentlemen—especially those of you who have the supervision of such matters,—that many plots at that time were thick with private and sacred olive-trees which have now for the most part been uprooted, so that the land has become bare; and although the same people have owned these plots in the peace as in the war, you do not think fit to punish them for the up-rooting done by others.

> Greek: 7. ἄλλως τε καὶ τοῦτο τὸ χωρίον ἐν τῷ πολέμῳ δημευθὲν ἄπρατον ἦν πλεῖν ἢ τρία ἔτη. οὐ θαυμαστὸν δʼ εἰ τότε τὰς μορίας ἐξέκοπτον, ἐν ᾧ οὐδὲ τὰ ἡμέτερʼ αὐτῶν φυλάττειν ἐδυνάμεθα. ἐπίστασθε δέ, ὦ βουλή, ὅσοι μάλιστα τῶν τοιούτων ἐπιμελεῖσθε, πολλὰ ἐν ἐκείνῳ τῷ χρόνῳ δασέα ὄντα ἰδίαις καὶ μορίαις ἐλάαις, ὧν νῦν τὰ πολλὰ ἐκκέκοπται καὶ ἡ γῆ ψιλὴ γεγένηται· καὶ τῶν αὐτῶν καὶ ἐν τῇ εἰρήνῃ καὶ ἐν τῷ πολέμῳ κεκτημένων οὐκ ἀξιοῦτε παρʼ αὐτῶν, ἑτέρων ἐκκοψάντων, δίκην λαμβάνειν.

[¶7] 8. And yet, if you exculpate those who have cultivated the land throughout the whole period, surely those who bought it in the time of the peace ought to leave your court unpunished.

> Greek: 8. καίτοι εἰ τοὺς διὰ παντὸς τοῦ χρόνου γεωργοῦντας τῆς αἰτίας ἀφίετε, ἦ που χρὴ τούς γʼ ἐν τῇ εἰρήνῃ πριαμένους ἀφʼ ὑμῶν ἀζημίους γενέσθαι.

[¶8] 9. Well now, gentlemen, although I might speak at length on what had previously occurred, I think these remarks will suffice: but when I took over the plot, after an interval of five days I let it out to Callistratus, in the archonship of Pythodorus:

> Greek: 9. ἀλλὰ γάρ, ὦ βουλή, περὶ μὲν τῶν πρότερον γεγενημένων πολλὰ ἔχων εἰπεῖν ἱκανὰ νομίζω τὰ εἰρημένα· ἐπειδὴ δʼ ἐγὼ παρέλαβον τὸ χωρίον, πρὶν ἡμέρας πέντε γενέσθαι, ἀπεμίσθωσα Καλλιστράτῳ, ἐπὶ Πυθοδώρου ἄρχοντος·

[¶9] 10. he cultivated it for two years, and had taken over no olive-tree, either private or sacred, nor any olive-stump. In the third year it was worked by Demetrius here for a twelvemonth; in the fourth I let it to Alcias, a freedman of Antisthenes, who is dead. After that Proteas too hired it in the same state during three years. Now, please step this way, witnesses.

> Greek: 10. ὃς δύο ἔτη ἐγεώργησεν, οὔτε ἰδίαν ἐλάαν οὔτε μορίαν οὔτε σηκὸν παραλαβών. τρίτῳ δὲ ἔτει Δημήτριος οὑτοσὶ εἰργάσατο ἐνιαυτόν· τῷ δὲ τετάρτῳ Ἀλκίᾳ Ἀντισθένους ἀπελευθέρῳ ἐμίσθωσα, ὃς τέθνηκε· κᾆτα τρία ἔτη ὁμοίως καὶ Πρωτέας ἐμισθώσατο. καί μοι δεῦρʼ ἴτε, μάρτυρες.

[¶10] 11. Witnesses Well now, since the termination of that time I have cultivated it myself. My accuser says that in the archonship of Souniades an olive-stump was uprooted by me. And the previous cultivators, who rented it from me for a number of years, have testified to you that there was no stump on the plot. I ask you, how could one convict the accuser more patently of lying? For it is not possible that the cultivator who came after cleared away what was not there before.

> Greek: 11. Μάρτυρες ἐπειδὴ τοίνυν ὁ χρόνος οὗτος ἐξήκει, αὐτὸς γεωργῶ. φησὶ δὲ ὁ κατήγορος ἐπὶ Σουνιάδου ἄρχοντος σηκὸν ὑπʼ ἐμοῦ ἐκκεκόφθαι. ὑμῖν δὲ μεμαρτυρήκασιν οἱ πρότερον ἐργαζόμενοι καὶ πολλὰ ἔτη παρʼ ἐμοῦ μεμισθωμένοι μὴ εἶναι σηκὸν ἐν τῷ χωρίῳ. καίτοι πῶς ἄν τις φανερώτερον ἐξελέγξειε ψευδόμενον τὸν κατήγορον; οὐ γὰρ οἷόν τε, ἃ πρότερον μὴ ἦν, ταῦτα τὸν ὕστερον ἐργαζόμενον ἀφανίζειν.

[¶11] 12. Now formerly, gentlemen, whenever people declared me to be a shrewd, exact man who would do nothing at random or without calculation, I would take it hard, feeling that these terms were wide of my true character; but now I should be glad if you all held this opinion of me, so that you should expect me, if I did set about such an act as this, to consider what profit I stood to get by clearing away the stump, and what loss by preserving it, what I should have achieved if I went undetected, and what I should suffer at your hands if I were exposed.

> Greek: 12. ἐγὼ τοίνυν, ὦ βουλή, ἐν μὲν τῷ τέως χρόνῳ, ὅσοι με φάσκοιεν δεινὸν εἶναι καὶ ἀκριβῆ καὶ οὐδὲν ἂν εἰκῇ καὶ ἀλογίστως ποιῆσαι, ἠγανάκτουν ἄν, ἡγούμενος μᾶλλον λέγεσθαι ⟨ἢ⟩ ὥς μοι προσῆκε· νῦν δὲ πάντας ἂν ὑμᾶς βουλοίμην περὶ ἐμοῦ ταύτην τὴν γνώμην ἔχειν, ἵνα ἡγῆσθέ με σκοπεῖν ⟨ἄν⟩, εἴπερ τοιούτοις ἔργοις ἐπεχείρουν, καὶ ὅ τι κέρδος ἐγίγνετο ⟨τῷ⟩ ἀφανίσαντι καὶ ἥτις ζημία περιποιήσαντι, καὶ τί ἂν λαθὼν διεπραξάμην καὶ τί ἂν φανερὸς γενόμενος ὑφʼ ὑμῶν ἔπασχον.

[¶12] 13. For in every case such acts are done, not for mere mischief, but for profit; and that is the proper direction for your inquiry, and the prosecution should make that the basis of their accusation, by showing what benefit accrued to the wrongdoers.

> Greek: 13. πάντες γὰρ ἄνθρωποι τὰ τοιαῦτα οὐχ ὕβρεως ἀλλὰ κέρδους ἕνεκα ποιοῦσι, καὶ ὑμᾶς εἰκὸς οὕτω σκοπεῖν, καὶ τοὺς ἀντιδίκους ἐκ τούτων τὰς κατηγορίας ποιεῖσθαι, ἀποφαίνοντας ἥτις ὠφέλεια τοῖς ἀδικήσασιν ἐγίγνετο.

[¶13] 14. Yet this man is quite unable to show either that I was compelled by poverty to venture on such an act, or that the plot was declining in value to me while the stump existed, or that it was obstructing vines or close to a building, or that I was unapprised of the dangers awaiting me in your court.

> Greek: 14. οὗτος μέντοι οὐκ ἂν ἔχοι ἀποδεῖξαι οὔθʼ ὡς ὑπὸ πενίας ἠναγκάσθην τοιούτοις ἔργοις ἐπιχειρεῖν, οὔθʼ ὡς τὸ χωρίον μοι διεφθείρετο τοῦ σηκοῦ ὄντος, οὔθʼ ὡς ἀμπέλοις ἐμποδὼν ἦν, οὔθʼ ὡς οἰκίας ἐγγύς, οὔθʼ ὡς ἐγὼ ἄπειρος τῶν παρʼ ὑμῖν κινδύνων.

[¶14] 15. And if I had attempted anything of the kind, I should be openly exposed as having incurred many severe penalties for in the first place, it was daylight when I uprooted the stump,—as though I had not to do it unseen by all, but must let all the Athenians know! If the act had been merely disgraceful, one might perhaps have disregarded the passers-by; but the case was one of my risking, not disgrace, but the severest penalty.

> Greek: 15. ⟨ἐγὼ δʼ⟩ εἴ τι τοιοῦτον ἔπραττον, πολλὰς ἂν καὶ μεγάλας ἐμαυτῷ ζημίας γενομένας ἀποφήναιμι· ὃς πρῶτον μὲν μεθʼ ἡμέραν ἐξέκοπτον τὸν σηκόν, ὥσπερ οὐ πάντας λαθεῖν δέον, ἀλλὰ πάντας Ἀθηναίους εἰδέναι. καὶ εἰ μὲν αἰσχρὸν ἦν μόνον τὸ πρᾶγμα, ἴσως ἄν τις τῶν παριόντων ἠμέλησε· νῦν δʼ οὐ περὶ αἰσχύνης ἀλλὰ τῆς μεγίστης ζημίας ἐκινδύνευον.

[¶15] 16. And surely I must have been the most wretched of human creatures if my own servants were to be no longer my slaves, but my masters for the rest of my life, since they would be privy to that act of mine; so that, however great might be their offences against me, I should have been unable to get them punished. For I should have been fully aware that it was in their power at once to be avenged on me and to win their own freedom by informing against me.

> Greek: 16. πῶς δʼ οὐκ ἂν ἦ ἀθλιώτατος ἀνθρώπων ἁπάντων, εἰ τοὺς ἐμαυτοῦ θεράποντας μηκέτι δούλους ἔμελλον ἕξειν ἀλλὰ δεσπότας τὸν λοιπὸν βίον, τοιοῦτον ἔργον συνειδότας; ὥστε εἰ καὶ τὰ μέγιστα εἰς ἐμὲ ἐξημάρτανον, οὐκ ἂν οἷόν τε ἦν δίκην με παρʼ αὐτῶν λαμβάνειν· εὖ γὰρ ἂν ᾔδη ὅτι ἐπʼ ἐκείνοις ἦν καὶ ἐμὲ τιμωρήσασθαι καὶ αὐτοῖς μηνύσασιν ἐλευθέροις γενέσθαι.

[¶16] 17. Furthermore, supposing I had been of a mind to be heedless of my domestics, how should I have dared, when so many persons had rented the plot, and all were acquainted with the facts, to clear away the stump for the sake of a petty profit, while there was no statute of limitations to protect them, so that all who had worked the plot were alike concerned in the preservation of the stump, and hence they would be able, if anyone accused them, to transfer the blame to their successor? But as it is, they have manifestly absolved me, and have thus taken upon themselves a share of the charge in case they are lying.

> Greek: 17. ἔτι τοίνυν, εἰ τῶν οἰκετῶν παρέστη μοι μηδὲν φροντίζειν, πῶς ἂν ἐτόλμησα τοσούτων μεμισθωμένων καὶ ἁπάντων συνειδότων ἀφανίσαι τὸν σηκὸν βραχέος μὲν κέρδους ἕνεκα, προθεσμίας δὲ οὐδεμιᾶς οὔσης τῷ κινδύνῳ τοῖς εἰργασμένοις ἅπασι τὸ χωρίον ὁμοίως προσῆκον εἶναι σῶν τὸν σηκόν ἵνʼ, εἴ τις αὐτοὺς ᾐτιᾶτο, εἶχον ἀνενεγκεῖν ὅτῳ παρέδοσαν; νῦν δὲ καὶ ἐμὲ ἀπολύσαντες φαίνονται, καὶ σφᾶς αὐτούς, εἴπερ ψεύδονται, μετόχους τῆς αἰτίας καθιστάντες.

[¶17] 18. Again, if I had settled this matter by arrangement, how could I have prevailed on all the passers-by, or the neighbors who not only know of each other what is open for all to see, but even get information of what we try to keep hidden from the knowledge of anyone? Now, some of those people are my friends, but others are at feud with me about my property:

> Greek: 18. εἰ τοίνυν καὶ ταῦτα παρεσκευασάμην, πῶς ἂν οἷός τʼ ἦ πάντας πεῖσαι τοὺς παριόντας, ἢ τοὺς γείτονας, οἳ οὐ μόνον ἀλλήλων ταῦτʼ ἴσασιν ἃ πᾶσιν ὁρᾶν ἔξεστιν, ἀλλὰ καὶ περὶ ὧν ἀποκρυπτόμεθα μηδένα εἰδέναι, καὶ περὶ ἐκείνων πυνθάνονται; ἐμοὶ τοίνυν τούτων οἱ μὲν φίλοι οἱ δὲ διάφοροι περὶ τῶν ἐμῶν τυγχάνουσιν ὄντες·

[¶18] 19. these persons he ought to have produced as witnesses, instead of merely bringing these hazardous accusations; for he says I stood by while my domestics hewed down the stems and the wagoner loaded up the wood and took it right away.

> Greek: 19. οὓς ἐχρῆν τοῦτον παρασχέσθαι μάρτυρας, καὶ μὴ μόνον οὕτως τολμηρὰς κατηγορίας ποιεῖσθαι· ὅς φησιν ὡς ἐγὼ μὲν παρειστήκη, οἱ δʼ οἰκέται ἐξέτεμνον τὰ πρέμνα, ἀναθέμενος δὲ ὁ βοηλάτης ὤχετο ἀπάγων τὰ ξύλα.

[¶19] 20. But surely, Nicomachus, you ought, at the time, both to have called up those who were present as witnesses, and to have exposed the affair: you would then have left me without any defence, while on your own part, if I was your enemy, you would have achieved by this means your vengeance upon me while if you were acting in the interest of the State, you would in this way have convicted me without being regarded as a slanderer. If you were looking for profit, you would have made the largest then;

> Greek: 20. καίτοι, ὦ Νικόμαχε, χρῆν σε τότε καὶ παρακαλεῖν τοὺς παρόντας μάρτυρας, καὶ φανερὸν ποιεῖν τὸ πρᾶγμα· καὶ ἐμοὶ μὲν οὐδεμίαν ἂν ἀπολογίαν ὑπέλιπες, αὐτὸς δέ, εἰ μέν σοι ἐχθρὸς ἦ, ἐν τούτῳ τῷ τρόπῳ ἦσθα ἄν με τετιμωρημένος, εἰ δὲ τῆς πόλεως ἕνεκα ἔραττες, οὕτως ἐξελέγξας οὐκ ἂν ἐδόκεις εἶναι συκοφάντης, εἰ δὲ κερδαίνειν ἐβούλου, τότʼ ἂν πλεῖστον ἔλαβες·

[¶20] 21. for, the fact being exposed, I should have decided that my sole deliverance lay in seducing you. Well, you did nothing of the sort, and you expect that your statements will effect my ruin: you put in the plea that owing to my influence and my means there is no one willing to bear you witness.

> Greek: 21. φανεροῦ γὰρ ὄντος τοῦ πράγματος οὐδεμίαν ἄλλην ἡγούμην ἂν εἶναί μοι σωτηρίαν ἢ σὲ πεῖσαι. τούτων τοίνυν οὐδὲν ποιήσας διὰ τοὺς σοὺς λόγους ἀξιοῖς με ἀπολέσθαι, καὶ κατηγορεῖς ὡς ὑπὸ τῆς ἐμῆς δυνάμεως καὶ τῶν ἐμῶν χρημάτων οὐδεὶς ἐθέλει σοι μαρτυρεῖν.

[¶21] 22. Yet if, when you saw me—as you say—clearing away the sacred olive, you had brought the nine archons on the scene, or some other members of the Areopagus, you would not have had to seek witnesses elsewhere; for then the truth of your statements would have been ascertained by the very persons who were to decide upon the matter.

> Greek: 22. καίτοι εἰ ⟨ὅτε⟩ φῄς μʼ ἰδεῖν τὴν μορίαν ἀφανίζοντα τοὺς ἐννέα ἄρχοντας ἐπήγαγες ἢ ἄλλους τινὰς τῶν ἐξ Ἀρείου πάγου, οὐκ ἂν ἑτέρων ἔδει σοι μαρτύρων· οὕτω γὰρ ἄν σοι συνῄδεσαν ἀληθῆ λέγοντι, οἵπερ καὶ διαγιγνώσκειν ἔμελλον περὶ τοῦ πράγματος.

[¶22] 23. So he makes my situation most perplexing; for if he had produced witnesses, he might claim that they should be believed, but as he has none, he thinks it is I who should suffer so much detriment from that. And I am not surprised—at him; for, to be sure, in his slanderous proceedings he is not going to be as hard up for statements of this sort as he is for witnesses; but you, I trust, will not be in agreement with this man.

> Greek: 23. δεινότατα οὖν πάσχω· ὃς εἰ μὲν παρέσχετο μάρτυρας, τούτοις ἂν ἠξίου πιστεύειν, ἐπειδὴ δὲ οὐκ εἰσὶν αὐτῷ ἐμοὶ καὶ ταύτην [τὴν] ζημίαν οἴεται χρῆναι γενέσθαι. καὶ τούτου μὲν οὐ θαυμάζω· οὐ γὰρ δήπου συκοφαντῶν ἅμα τοιούτων τε λόγων ἀπορήσει καὶ μαρτύρων· ὑμᾶς δʼ οὐκ ἀξιῶ τὴν αὐτὴν τούτῳ γνώμην ἔχειν.

[¶23] 24. For you understand that in the plain there are many sacred olives and burnt stumps on my other plots which, had I so desired, it would have been much safer to clear away or cut down or work over, inasmuch as among so many of them the wrongful act was likely to be less evident.

> Greek: 24. ἐπίστασθε γὰρ ἐν τῷ πεδίῳ πολλὰς μορίας οὔσας καὶ πυρκαϊὰς ἐν τοῖς ἄλλοις τοῖς ἐμοῖς χωρίοις, ἅς, εἴπερ ἐπεθύμουν, πολὺ ἦν ἀσφαλέστερον καὶ ἀφανίσαι καὶ ἐκκόψαι καὶ ἐπεργάσασθαι, ὅσῳπερ ἧττον τὸ ἀδίκημα πολλῶν οὐσῶν ἔμελλε δῆλον ἔσεσθαι.

[¶24] 25. But the fact is that I have as great a regard for them as for my native land and my whole property, realizing that it is the loss of both of these that I have at stake. And you yourselves I shall produce as witnesses to that fact;. for you supervise the matter every month, and also send assessors every year, none of whom has ever penalized me for working the ground about the sacred olives.

> Greek: 25. νῦν δʼ οὕτως αὐτὰς περὶ πολλοῦ ποιοῦμαι ὥσπερ ⟨καὶ τὴν πατρίδα⟩ καὶ τὴν ἄλλην οὐσίαν, ἡγούμενος περὶ ἀμφοτέρων τούτων εἶναί μοι τὸν κίνδυνον. αὐτοὺς τοίνυν ὑμᾶς τούτων μάρτυρας παρέξομαι, ἐπιμελουμένους μὲν ἑκάστου μηνός, ἐπιγνώμονας δὲ πέμποντας καθʼ ἕκαστον ἐνιαυτόν· ὧν οὐδεὶς πώποτʼ ἐζημίωσέ μʼ ὡς ἐργαζόμενον τὰ περὶ τὰς μορίας χωρία.

[¶25] 26. Now surely, when I pay so much regard to those small penalties, I cannot so utterly disregard the perils involved for my person. You find me taking all this care of the many olive-trees upon which I could more freely commit the offence, and I am on my trial to-day for clearing away the sacred olive which it was impossible to dig up unobserved!

> Greek: 26. καίτοι οὐ δήπου τὰς μὲν μικρὰς ζημίας οὕτω περὶ πολλοῦ ποιοῦμαι, τοὺς δὲ περὶ τοῦ σώματος κινδύνους οὕτω περὶ οὐδενὸς ἡγοῦμαι· καὶ τὰς μὲν πολλὰς ἐλάας, εἰς ἃς ἐξῆν μᾶλλον ἐξαμαρτάνειν, οὕτω θεραπεύων φαίνομαι, τὴν δὲ μορίαν, ἣν οὐχ οἷόν τʼ ἦν λαθεῖν ἐξορύξαντα, ὡς ἀφανίζων νυνὶ κρίνομαι.

[¶26] 27. And under which government was I better placed for breaking the law, gentlemen,—that of the democracy, or that of the Thirty? I do not mean that I was influential then, or that I now stand falsely accused, but that there was a better chance for anyone who wished to commit a crime then than there is at present. Well, you will find that not even in that time did I do anything wrong, either in this or in any other way.

> Greek: 27. πότερον δέ μοι κρεῖττον ἦν, ὦ βουλή, δημοκρατίας οὔσης παρανομεῖν ἢ ἐπὶ τῶν τριάκοντα; καὶ οὐ λέγω ὡς τότε δυνάμενος ἢ ὡς νῦν διαβεβλημένος, ἀλλʼ ὡς τῷ βουλομένῳ τότε μᾶλλον ἐξὸν ἀδικεῖν ἢ νυνί. ἐγὼ τοίνυν οὐδʼ ἐν ἐκείνῳ τῷ χρόνῳ οὔτε τοιοῦτον οὔτε ἄλλο οὐδὲν κακὸν ποιήσας φανήσομαι.

[¶27] 28. And how—except in all the world I were my own most malignant enemy—could I have attempted, with you supervising as you do, to clear away the sacred olive from this plot; in which there is not a single tree, but there was, as he says, a stump of one olive; where a road skirts the plot all round, and neighbors live about it on both sides, and it is unfenced and open to view from every point? So who would have been so foolhardy in these circumstances, as to attempt such a proceeding? And I feel it is extraordinary that you, whom the city has charged with the perpetual supervision of the sacred olives, have never either punished me for working over the one of them nor brought me to trial for having cleared one away, and that now this man, who, as it happens, is neither farming near me nor has been appointed a supervisor nor is of age to know about such matters, should have indicted me for clearing away a sacred olive from the land.

> Greek: 28. πῶς δʼ ἄν, εἰ μὴ πάντων ἀνθρώπων ἐμαυτῷ κακονούστατος ἦ, ὑμῶν οὕτως ἐπιμελουμένων ἐκ τούτου τὴν μορίαν ἀφανίζειν ἐπεχείρησα τοῦ χωρίου, ἐν ᾧ δένδρον μὲν οὐδὲ ἕν ἐστι, μιᾶς δὲ ἐλάας σηκός, ὡς οὗτός φησιν, ἦν, κυκλόθεν δὲ ὁδὸς περιέχει, ἀμφοτέρωθεν δὲ γείτονες περιοικοῦσιν, ἄερκτον δὲ καὶ πανταχόθεν κάτοπτόν ἐστιν; ὥστε τίς ἂν ἀπετόλμησε, τούτων οὕτως ἐχόντων, ἐπιχειρῆσαι τοιούτῳ πράγματι; δεινὸν δέ μοι δοκεῖ εἶναι ὑμᾶς μέν, οἷς ὑπὸ τῆς πόλεως τὸν ἅπαντα χρόνον προστέτακται τῶν μορίων ἐλαῶν ἐπιμελεῖσθαι, μήθʼ ὡς ἐπεργαζόμενον πώποτε ζημιῶσαί ⟨με⟩ μήθʼ ὡς ἀφανίσαντα εἰς κίνδυνον καταστῆσαι, τοῦτον δʼ ὃς οὔτε γεωργῶν ἐγγὺς τυγχάνει οὔτʼ ἐπιμελητὴς ᾑρημένος οὔθʼ ἡλικίαν ἔχων εἰδέναι περὶ τῶν τοιούτων, ἀπογράψαι με ἐκ γῆς μορίαν ἀφανίζειν.

[¶28] 30. I beg you, therefore, not to consider such statements more credible than the facts, nor to tolerate such assertions from my enemies about matters of which you are personally cognizant: let your reflections be guided by what I have told you and by the whole tenor of my citizenship.

> Greek: 30. ἐγὼ τοίνυν δέομαι ὑμῶν μὴ τοὺς τοιούτους λόγους πιστοτέρους ἡγήσασθαι τῶν ἔργων, μηδὲ περὶ ὧν αὐτοὶ σύνιστε, τοιαῦτʼ ἀνασχέσθαι τῶν ἐμῶν ἐχθρῶν λεγόντων, ἐνθυμουμένους καὶ ἐκ τῶν εἰρημένων καὶ ἐκ τῆς ἄλλης πολιτείας.

[¶29] 31. For I have performed all the duties laid upon me with greater zeal than the State required: alike in equipping a warship, in contributing to war funds, in producing drama, and in the rest of my public services, my munificence was equal to that of any other citizen.

> Greek: 31. ἐγὼ γὰρ τὰ ἐμοὶ προστεταγμένα ἅπαντα προθυμότερον πεποίηκα ⟨ἢ⟩ ὡς ὑπὸ τῆς πόλεως ἠναγκαζόμην, καὶ τριηραρχῶν καὶ εἰσφορὰς εἰσφέρων καὶ χορηγῶν καὶ τἆλλα λῃτουργῶν οὐδενὸς ἧττον πολυτελῶς τῶν πολιτῶν.

[¶30] 32. Yet, if I had done these things but moderately and without that zeal, I should not be struggling to save myself at once from exile and from the loss of all my property, but should have increased my possessions without incurring guilt or imperilling my life: whereas, had I done what this man accuses me of doing, I stood to make no profit, but only to endanger myself.

> Greek: 32. καίτοι ταῦτα μὲν μετρίως ποιῶν ἀλλὰ μὴ προθύμως οὔτʼ ἂν περὶ φυγῆς οὔτʼ ἂν περὶ τῆς ἄλλης οὐσίας ἠγωνιζόμην, πλείω δʼ ἂν ἐκεκτήμην, οὐδὲν ἀδικῶν οὐδʼ ἐπικίνδυνον ἐμαυτῷ καταστήσας τὸν βίον· ταῦτα δὲ πράξας, ἃ οὗτός μου κατηγορεῖ, ἐκέρδαινον μὲν οὐδέν, ἐμαυτὸν δʼ εἰς κίνδυνον καθίστην.

[¶31] 33. Surely you will all acknowledge that it is fairer to judge important issues by important proofs, and to give more credit to the testimony of the whole city than to the accusations of this single person.

> Greek: 33. καίτοι πάντες ἂν ὁμολογήσαιτε δικαιότερον εἶναι τοῖς μεγάλοις χρῆσθαι τεκμηρίοις περὶ τῶν μεγάλων, καὶ πιστότερα ἡγεῖσθαι περὶ ὧν ἅπασα ἡ πόλις μαρτυρεῖ, μᾶλλον ἢ περὶ ὧν μόνος οὗτος κατηγορεῖ.

[¶32] 34. And further, gentlemen, take note of the other events in the case. I went with witnesses to see him, and said that I still had the servants that I owned when I took over the plot, and was ready to delivery any that he wished to the torture, thinking that this would put his statements and my acts to stronger test.

> Greek: 34. ἔτι τοίνυν, ὦ βουλή, ἐκ τῶν ἄλλων σκέψασθε. μάρτυρας γὰρ ἔχων αὐτῷ προσῆλθον, λέγων ὅτι μοι πάντες ⟨ἔτι⟩ εἰσὶν οἱ θεράποντες, οὓς ἐκεκτήμην ἐπειδὴ παρέλαβον τὸ χωρίον, καὶ ἕτοιμός εἰμι, εἴ τινα βούλοιτο, παραδοῦναι βασανίζειν, ἡγούμενος οὕτως ἂν τὸν ἔλεγχον ἰσχυρότερον γενέσθαι τῶν τούτου λόγων καὶ τῶν ἔργων τῶν ἐμῶν. οὗτος δʼ οὐκ ἤθελεν, οὐδὲν φάσκων πιστὸν εἶναι τοῖς θεράπουσιν.

[¶33] 35. But he declined, asserting that no credit could be given to servants. To my mind it is surprising that, when put to the torture on their own account, they accuse themselves, in the certain knowledge that they will be executed, but when it is on account of their masters, to whom they naturally have most animosity, they can choose rather to endure the torture than to get release from their present ills by an incrimination!

> Greek: 35. ἐμοὶ δὲ δοκεῖ ⟨θαυμαστὸν⟩ εἶναι, εἰ περὶ αὑτῶν μὲν οἱ βασανιζόμενοι κατηγοροῦσιν, εὖ εἰδότες ὅτι ἀποθανοῦνται, περὶ δὲ τῶν δεσποτῶν, οἷς πεφύκασι κακονούστατοι, μᾶλλον ἂν ἕλοιντο ἀνέχεσθαι βασανιζόμενοι ἢ κατειπόντες ἀπηλλάχθαι τῶν παρόντων κακῶν.

[¶34] 36. Nay, in truth, gentlemen, I think it is manifest to all that, had I refused to deliver the men at Nicomachus’s request, I should be considered conscious of my guilt; so, since he declined to accept them when I offered to deliver them, it is fair to form the same opinion regarding him, especially as the danger is not equal for us both.

> Greek: 36. καὶ μὲν δή, ὦ βουλή, φανερὸν οἶμαι εἶναι πᾶσιν ὅτι, εἰ Νικομάχου ἐξαιτοῦντος τοὺς ἀνθρώπους μὴ παρεδίδουν, ἐδόκουν ἂν ἐμαυτῷ συνειδέναι· ἐπειδὴ τοίνυν ἐμοῦ παραδιδόντος οὗτος παραλαβεῖν οὐκ ἤθελε, δίκαιον καὶ περὶ τούτου τὴν αὐτὴν γνώμην σχεῖν, ἄλλως τε καὶ τοῦ κινδύνου οὐκ ἴσου ἀμφοτέροις ὄντος.

[¶35] 37. For if they had made the statements about me that he desired, I should not even have had a chance of defending myself; while if they had not supported his statements, he was liable to no penalty. It behoved him, therefore, much rather to take them than it suited me to deliver them. For my part, I was so solicitous in the matter, because I felt it was in my favour to have you informed of the truth regarding this matter, at once by torture, by witnesses, and by evidence.

> Greek: 37. περὶ ἐμοῦ μὲν γὰρ εἰ ἔλεγον ἃ οὗτος ἐβούλετο, οὐδʼ ἂν ἀπολογήσασθαί μοι ἐξεγένετο· τούτῳ δʼ εἰ μὴ ὡμολόγουν, οὐδεμιᾷ ζημίᾳ ἔνοχος ἦν. ὥστε πολὺ μᾶλλον τοῦτον παραλαμβάνειν ἐχρῆν ἢ ἐμὲ παραδοῦναι προσῆκεν. ἐγὼ τοίνυν εἰς τοῦτο προθυμίας ἀφικόμην, ἡγούμενος μετʼ ἐμοῦ εἶναι καὶ ἐκ βασάνων καὶ ἐκ μαρτύρων καὶ ἐκ τεκμηρίων ὑμᾶς περὶ τοῦ πράγματος τἀληθῆ πυθέσθαι.

[¶36] 38. And you should consider, gentlemen, which side you ought rather to credit, those for whom many have borne witness, or one for whom nobody has ventured to do so; whether it is more likely that this man is lying, as he can without danger, or that in face of so grave a danger I committed such an act; and whether you think that he is vindicating the cause of the State, or has been playing the slanderer’s trade in his accusation.

> Greek: 38. ἐνθυμεῖσθαι δὲ χρή, ὦ βουλή, ποτέροις χρὴ πιστεύειν μᾶλλον, οἷς πολλοὶ μεμαρτυρήκασιν ἢ ᾧ μηδεὶς τετόλμηκε, καὶ πότερον εἰκὸς μᾶλλον τοῦτον ἀκινδύνως ψεύδεσθαι ἢ μετὰ τοσούτου κινδύνου τοιοῦτον ἐμὲ ἔργον ἐργάσασθαι, καὶ πότερον οἴεσθε αὐτὸν ὑπὲρ τῆς πόλεως βοηθεῖν ἢ συκοφαντοῦντα αἰτιάσασθαι.

[¶37] 39. For I believe it is your opinion that Nicomachus has been prevailed upon by my enemies to conduct this prosecution, not as hoping to establish my guilt, but as expecting to obtain money from me. For precisely as such actions at law are most damaging and perplexing, so everyone is most anxious to avoid them.

> Greek: 39. ἐγὼ μὲν ⟨γὰρ⟩ ὑμᾶς ἡγοῦμαι νομίζειν ὅτι Νικόμαχος ὑπὸ τῶν ἐχθρῶν πεισθεὶς τῶν ἐμῶν τοῦτον τὸν ἀγῶνα ἀγωνίζεται, οὐχ ὡς ἀδικοῦντα ἐλπίζων ἀποδείξειν, ἀλλʼ ὡς ἀργύριον παρʼ ἐμοῦ λήψεσθαι προσδοκῶν. ὅσῳ γὰρ ⟨οἱ⟩ τοιοῦτοί εἰσιν ἐπαιτιώτατοι καὶ ἀπορώτατοι τῶν κινδύνων, τοσούτῳ πάντες αὐτοὺς φεύγουσι μάλιστα.

[¶38] 40. But I, gentlemen, disdained that: as soon as he charged me, I placed myself entirely at your disposal, and came to terms with none of my enemies on account of this ordeal, though they take more pleasure in vilifying me than in commending themselves. Not one of them has ever attempted, openly and in his own person, to do me a single hurt; they prefer to set upon me men of this stamp, whom you cannot honestly believe. For I shall be the most miserable of creatures if I am to be unjustly declared in exile: I am childless and alone, my house would be abandoned, my mother would be in utter penury, and I should be deprived of a native land, that is so much to me, on the most disgraceful of charges,—I who in her defence have engaged in many sea-fights and fought many battles on land, and have shown myself an orderly person under both democracy and oligarchy.

> Greek: 40. ἐγὼ δέ, ὦ βουλή, οὐκ ἠξίουν, ἀλλʼ ἐπειδήπερ με ᾐτιάσατο, παρέσχον ἐμαυτὸν ὅ τι βούλεσθε χρῆσθαι, καὶ τούτου ἕνεκα τοῦ κινδύνου οὐδενὶ ἐγὼ τῶν ἐχθρῶν διηλλάγην, οἳ ἐμὲ ἥδιον κακῶς λέγουσιν ἢ σφᾶς αὐτοὺς ἐπαινοῦσι. καὶ φανερῶς μὲν οὐδεὶς πώποτε ἐμὲ αὐτὸς ἐπεχείρησε ποιῆσαι κακὸν οὐδέν, τοιούτους δὲ ἐπιπέμπουσί μοι, οἷς ὑμεῖς οὐκ ἂν δικαίως πιστεύοιτε. πάντων γὰρ ἀθλιώτατος ἂν γενοίμην, εἰ φυγὰς ἀδίκως καταστήσομαι, ἄπαις μὲν ὢν καὶ μόνος, ἐρήμου δὲ τοῦ οἴκου γενομένου, μητρὸς δὲ πάντων ἐνδεοῦς ⟨οὔσης⟩, πατρίδος δὲ τοιαύτης ἐπʼ αἰσχίσταις στερηθεὶς αἰτίαις, πολλὰς μὲν ναυμαχίας ὑπὲρ αὐτῆς νεναυμαχηκώς, πολλὰς δὲ μάχας μεμαχημένος, κόσμιον δʼ ἐμαυτὸν καὶ ἐν δημοκρατίᾳ καὶ ἐν ὀλιγαρχίᾳ παρασχών.

[¶39] 42. But on these matters, gentlemen, I do not know what call I have to speak in this place. However, I have proved to you that there was no stump on the plot, and I have produced witnesses and evidence: these you should bear in mind when you make your decision on the case, and require this man to inform you why it was that, neglecting to convict me as taken in the act, he has delayed so long in bringing so serious an action against me; why he seeks to be credited on the strength of his statements, unsupported by a single witness, when the bare facts would have sufficed to establish my guilt and why, on my offering all the servants whom he asserts to have been then present, he declined to accept them.

> Greek: 42. ἀλλὰ γάρ, ὦ βουλή, ταῦτα μὲν ἐνθάδε οὐκ οἶδʼ ὅ τι δεῖ λέγειν· ἀπέδειξα δʼ ὑμῖν ὡς οὐκ ἐνῆν σηκὸς ἐν τῷ χωρίῳ, καὶ μάρτυρας παρεσχόμην καὶ τεκμήρια. ἃ χρὴ μεμνημένους διαγιγνώσκειν περὶ τοῦ πράγματος, καὶ ἀξιοῦν παρὰ τούτου πυθέσθαι ὅτου ἕνεκα, ἐξὸν ἐπʼ αὐτοφώρῳ ἐλέγξαι, τοσούτῳ χρόνῳ ὕστερον εἰς τοσοῦτόν με κατέστησεν ἀγῶνα, καὶ μάρτυρα οὐδένα παρασχόμενος ἐκ τῶν λόγων ζητεῖ πιστὸς γενέσθαι, ἐξὸν αὐτοῖς ἔργοις ἀδικοῦντα ἀποδεῖξαι, καὶ ἐμοῦ ἅπαντας διδόντος τοὺς θεράποντας, οὕς φησι παραγενέσθαι, παραλαβεῖν οὐκ ἤθελεν.