1. I used to think, (members of the) Boule, that it was possible, if one
wished, to keep quiet, and not to be troubled with lawsuits and vexatious
business; but I have now fallen in with such unlooked-for charges and
such villainous accusers that, were it possible, it seems to me even
unborn generations must fear for what is before them. For through this
sort of men those who have done no wrong are in as great danger as those
who have committed the greatest crimes. 2. The trial is the more
perplexing to me, as I was first charged on the indictment with having
cut down a sacred olive on my land; and my accusers went to the men who
had bought the fruit of the olives, making inquiries. As they could find
no proof against me in this way, they now charge me with having cut down
an old stump, thinking that this charge will be the hardest for me to
gainsay, and the easiest for them to prove what they wish. 3. And I am
compelled, on matter which they have brought into court fully worked up,
to fight for the enjoyment of country and property, having only heard the
charges at the same moment as you who are to decide the case. So I shall
tell you everything from the beginning.
4. The place formerly belonged to Peisander. When his estate was
confiscated, it was given by the people to Apollodorus of Megara. He
farmed it some time and a little while before the time of the Thirty,
Anticles bought it of him and let it. And I bought it of Anticles in time
of peace. 5. So I think, (members of the) Boule, that it is my duty to
prove that when I bought the place there was not an olive tree nor stump
upon it. For, if before that time there had been ten thousand olives, I
don't think I could justly be made to suffer for it. If the olives were
not injured by me, I could not be held accountable for the crimes of
others. 6. You all know that among the other evils caused by the war was
this, that while estates at a distance from the city used to be plundered
by the Lacedaemonians, the estates near it used to be sacked by our own
citizens. Would it be at all just for me to pay the penalty for the
damage done by our public disasters? Especially as the place, on account
of its confiscation, was abandoned for more than three years. 7. It is
not to be wondered at if olive trees were destroyed at a time when it was
impossible for us to protect our own property. You know, (members of the)
Boule, especially such of you as have charge of these things, that there
were at that time many places thick with olives, both private and sacred
ones, most of which have now been cut down, and the land has become bare.
You would not think of inflicting punishment on those who owned the place
in peace and war, when it was other people who out them down. 8. If those
who farmed the place at different times of the period are not held
responsible, all the more ought those who did not buy until the peace, be
considered harmless by you.
9. However much I might say about the place before I bought it, I think I
have said enough. Within five days after I obtained the place I let it
out to Callistratus in the archonship of Pythodorus. 10. He farmed it two
years, receiving no olive tree, sacred or otherwise, nor any olive stump.
Demetrius had it the third year. In the fourth year I let it to Alcias, a
freedman of Antisthenes who has been dead three years. Finally, Proteus
hired it. Come here, witnesses.