11. When that time elapsed I farmed it myself. My accuser says that it
was during the archonship of Sumiades that I out down the olive. But
those who farmed it before I did, and hired it many years of me, assure
you that there was no olive on the place. What can be clearer than that
my accuser is lying? It could not be possible if there were no tree
there, that I, farming the place last, cut it down.
12. Formerly, (members of the) Boule, when men said that I was sharp and
careful, and would do nothing without a plan and purpose, I was annoyed
and preferred that they should speak of me as they ought; now, however, I
should like all of you to have this opinion about me, that you may
believe that I took good care to see--since (as he says) I was taking
such matters in hand--what profit there was in cutting it down, and what
penalty for so doing, what good I should have had if I escaped detection,
and what I should have suffered at your hands if I was detected. 13. For
men do not do things of this kind out of lawlessness, but for gain. And
it is fitting for you to see to it that the prosecutors make their charge
on this ground, proving what advantage (the accused have) in doing this
wrong. 14. (Nicomachus) cannot show that I did it on account of my
poverty, nor that the value of the place was lessened for me by the olive
being there, nor that it interfered with the vines, or was near the
house, nor that I was ignorant of the danger I was in before you for
doing it. But I can show you that a tremendous penalty would have been
the result, had I cut it down. 15. For I was cutting the olive in broad
daylight, as though, so far from keeping it a secret from all, it was
necessary for every Athenian to know it. If the deed had been merely a
disgrace, perhaps a chance passer-by would not have troubled himself
about it. I was risking not disgrace, but great punishment. 16. Should I
not be the most wretched of all men if my slaves, being acquainted with
my crime, became no longer my slaves, but my masters for the rest of my
life? For I could not punish them for the greatest offense they might
choose to give. For they would know well that it was in their power, by
turning informers, to be revenged on me and get their own freedom. 17.
Supposing it had entered my head to disregard my slaves, how should I
have dared, when so many persons had rented the place, and every one of
them would have known it, to cut down the olive merely for gain?
Especially since, as there is no limit to the liability of those who
farmed the place, it equally concerned them all that the stump should
remain intact, so that if any one charged them they could transfer the
charge to their successor. They have evidently cleared me, and if they
have lied have become participants in the crime.
18. Again, supposing I had squared matters with them, how could I have
bribed all who are present or the neighbors, who not only know about each
other's public affairs, but also about those we try to keep a secret from
all. Some of these are my friends, but others are not on good terms with
me. 19. These my accuser should have brought as witnesses, and not made
the charge at random. He says I stood near while my slaves cut out the
stump and the driver put the stump in his cart and went away with the
wood. 20. Then was the time, Nicomachus, for you to summon the witnesses
who were there and show up the crime. You would have left me no escape,
and if I were hated by you, you would have had revenge in this way. If
you did it from patriotism, having (21) exposed me in this manner, you
would not seem to be an informer, and if you desired gain, in this way
could you have obtained most. As the crime was clear I should have had no
means of safety if I did not bribe you. As you did none of these things,
you seem, by your assertions, to be destroying me, having said in the
prosecution that no one wishes to testify on account of my influence and
wealth. 22. If, when you said you saw me cutting down the olive, you had
brought the nine archons or some one else from the Areopagus, no further
witnesses would be needed. For thus the very men who judge the case would
have known that you spoke the truth. 23. I am placed in a very unfair
position. If he had produced witnesses he would have expected you to
believe them, but since he has none he thinks to turn this to my
disadvantage. And I do not wonder at this. For in a case like this he
would not lack witnesses and arguments at the same time. But I do not
think you hold the same opinion he does. 24. You know that there were in
the country, in other places of mine, many olives and burnt stumps which,
if I had set my heart, upon it, it would have been much easier for me to
injure, cut down and encroach upon, as my crime was likely to be less
apparent on account of the number of trees. 25. Thus I make them as much
account as my country and other possessions, running the risk I do of
losing both. I shall bring before you as witnesses those men who act as
inspectors every month, and send collectors every year. No one of these
men ever fined me for farming the ground about the olive. 26. It is very
probable that taking such care about the small fines I should pay no
attention whatever to my bodily safety. Am I shown to take such care of
the many olives, against which I might have committed the trespass, but
called to account for the very olive which it was not possible to dig up
without detection? 27. Was it not easier for me, (members of the) Boule,
to break the laws during the Democracy than under the Thirty? I do not
say this because I had any influence at that time or as being now in a
position of distrust, but it was easier for any one who wished to do
wrong then than it is now. I am not charged with doing this or any
other wrong during that time. 28. Unless I of all men had been most
ill-disposed to myself, how could I have attempted to cut an olive from a
piece of ground on which there was not a single tree except, as he says,
the stump of one olive, about which the road ran on both sides, with
neighbors dwelling on all sides, and perfectly open to the view of all?
Would any one have been so utterly reckless, such, being the case, as to
have done such a deed? 29. I think it strange that those men appointed by
the city to look after the sacred olives never fined me for encroaching
upon the trees nor brought me to trial on the charge of cutting them
down, but that this man, who is not a neighbor, nor an inspector, nor old
enough to know about such things, has entered me on the indictment as
having destroyed an olive.
30. I wish you not to place more trust in the assertions of my accuser
than you do in the facts themselves, nor accept the word of my personal
enemies in matters which you yourself know about, but to form your
opinions from what I have told you and from the rest of my conduct as a
citizen. 31. For I did everything allotted to me in a grander manner than
I was compelled to do by the state: equipped a trireme, supplied a
chorus, and performed all my other duties more expensively than the rest
of the citizens. 32. If I had done these things in a moderate way, and
not expensively, I should not be fighting against exile and for my
possessions, but should be worth more and not unjustly be on trial for my
life. If I had committed the crime with which he charges me I should have
gained nothing, but only brought myself into difficulty. 33. You all
would agree that it is more just to accept weighty proofs in a great case
and to regard as more trustworthy those things to which the whole city
testifies, than those which the prosecutor alone asserts.
34. Look at the case, (members of the) Boule, from what took place
besides. I went to him, and in the presence of witnesses said that I now
had all the slaves of which I had been possessed at the time I bought the
place, and I was ready, if he wished, to give them up to be tortured,
thinking that this would be the strongest test of his assertions and of
the facts. 35. But he would not take them, saying that there was no
trusting slaves. It seems to me strange that slaves when tortured make
damning statements about themselves, knowing well that it will kill them,
but prefer to be tortured than to inform on their masters to whom they
are naturally ill-disposed, when by doing so they could free themselves.
36. If Nicomachus had asked for them, and I had refused to give them up,
it would be evident that I thought them conscious of my guilt. As he did
not wish to take them when offered, you rightly can have the same opinion
about him, for the danger was not by any means evenly divided. 37. Had
they denounced me, there would have been no escape for me. If they had
not testified what he wished he would have suffered no penalty. So that
it devolved a great deal more on him to take them than on me to offer
them. But I was thus zealous, thinking it was for my interest to have you
learn the truth of the matter either from the evidence of slaves or
freedmen or facts.
38. Consider then, (members of the) Boule, whether you ought to trust me
for whom many persons have given testimony, or my accuser for whom no one
dares testify, and whether it is more likely that he lied when there was
no risk to himself, or that in the face of such great danger I committed
the act, and whether you think he made the accusation merely for the good
of the city or as an informer.
39. For I think you know that Nicomachus, induced by my personal enemies,
brought the case into court, not hoping to prove me guilty, but expecting
to be bribed. For, in proportion as such charges are most easily imputed
and most difficult to refute, so much the more do all men endeavor to
avoid them. 40. I, (members of the) Boule, did not think it right (to
shun trial), but when he brought the charge submitted myself entirely to
your disposal, nor did I try to conciliate any one of my enemies who
speak evil of me rather than praise themselves. No one ever attempted to
do me any open injury, but set on me men of such a character as these in
whom you cannot justly place any confidence. 41. I should be the most
wretched of all men if I were driven unjustly into exile, childless and
alone, leaving my home desolate, my mother in need of everything,
deprived of my country on the most disgraceful charges, although I have
been engaged in many sea-fights and many battles, and have conducted
myself in an orderly manner both under the Democracy and under the
Oligarchy.
42. I do not know, (members of the) Boule, that it is necessary for me to
say anything more. I have shown you that there was not an olive on the
place, and I have brought witnesses and proof. You must judge the case,
bearing in mind that you should learn from this man why, when it was
possible to catch me in the act, he brings the accusation after so long a
time, (43) and why, although bringing no witness, he wants you to trust
his mere assertions when he could have arrested me in the act, and why,
although I offered him all the slaves who he says were present, he
refused to take them.