The Orations of Lysias

by Lysias

1. If Callias were contending for anything else than for his freedom, gentlemen of the jury, I should be satisfied with what the others have said. But now I think it would be a shame not to aid Callias as well as I can, as far as justice warrants it, for he demands and begs me (for the service), and is a friend of mine and (was) of my father as long as he lived, and many business transactions took place between us. 2. I used to think that he so conducted himself in the city as to obtain some honor at your hands much rather than be brought into such danger on such a charge (as this). But now designing men make life no less dangerous for the innocent than for wrong-doers.

3. And you ought not to reward as trustworthy the testimony of his slaves, and as unreliable the evidence of these men, when you recall that no one, either a private citizen or an official, ever brought an action against Callias, but while living in this city, he benefited you in many ways, and he has reached this time of life without incurring any charge at all. These, on the other hand, while they have suffered greatly during their lives, and gone through much misery, just as if they worked much good, make speeches on questions of freedom. And I do not wonder. 4. For they know that if they are caught in lies they will have no worse lot than at present, and if they pull the wool over your eyes they will be freed from their present miseries. Moreover, it is not right to consider as trustworthy, either as accusers or witnesses, such men as give testimony about others at a great gain to themselves, but much rather such only who run some risk by aiding public interests. 5. Also it seems to me fair to consider that the trial is not confined to these men, but is of importance to all in the city. For these are not the only ones who own slaves, but all other citizens also. And the (slaves), fixing their attention on the fate of these, will no longer watch to see what good action they may do to their masters to gain their freedom, but what slanderous accusation they may make (to obtain it).

ORATION VII.

THE OLIVE TREE.

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.

WITNESSES.

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.