The Orations of Lysias | Page 8

Lysias

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
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