The Orations of Lysias | Page 9

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