On the Olive Stump

for, the fact being exposed, I should have decided that my sole deliverance lay in seducing you. Well, you did nothing of the sort, and you expect that your statements will effect my ruin: you put in the plea that owing to my influence and my means there is no one willing to bear you witness.

Yet if, when you saw me—as you say—clearing away the sacred olive, you had brought the nine archons on the scene, or some other members of the Areopagus, you would not have had to seek witnesses elsewhere; for then the truth of your statements would have been ascertained by the very persons who were to decide upon the matter.

So he makes my situation most perplexing; for if he had produced witnesses, he might claim that they should be believed, but as he has none, he thinks it is I who should suffer so much detriment from that. And I am not surprised—at him; for, to be sure, in his slanderous proceedings he is not going to be as hard up for statements of this sort as he is for witnesses; but you, I trust, will not be in agreement with this man.

For you understand that in the plain there are many sacred olives and burnt stumps on my other plots which, had I so desired, it would have been much safer to clear away or cut down or work over, inasmuch as among so many of them the wrongful act was likely to be less evident.

But the fact is that I have as great a regard for them as for my native land and my whole property, realizing that it is the loss of both of these that I have at stake. And you yourselves I shall produce as witnesses to that fact;. for you supervise the matter every month, and also send assessors every year, none of whom has ever penalized me for working the ground about the sacred olives.

Now surely, when I pay so much regard to those small penalties, I cannot so utterly disregard the perils involved for my person. You find me taking all this care of the many olive-trees upon which I could more freely commit the offence, and I am on my trial to-day for clearing away the sacred olive which it was impossible to dig up unobserved!

And under which government was I better placed for breaking the law, gentlemen,—that of the democracy, or that of the Thirty? I do not mean that I was influential then, or that I now stand falsely accused, but that there was a better chance for anyone who wished to commit a crime then than there is at present. Well, you will find that not even in that time did I do anything wrong, either in this or in any other way.

And how—except in all the world I were my own most malignant enemy—could I have attempted, with you supervising as you do, to clear away the sacred olive from this plot; in which there is not a single tree, but there was, as he says, a stump of one olive; where a road skirts the plot all round, and neighbors live about it on both sides, and it is unfenced and open to view from every point? So who would have been so foolhardy in these circumstances, as to attempt such a proceeding?

And I feel it is extraordinary that you, whom the city has charged with the perpetual supervision of the sacred olives, have never either punished me for working over the one of them nor brought me to trial for having cleared one away, and that now this man, who, as it happens, is neither farming near me nor has been appointed a supervisor nor is of age to know about such matters, should have indicted me for clearing away a sacred olive from the land.

I beg you, therefore, not to consider such statements more credible than the facts, nor to tolerate such assertions from my enemies about matters of which you are personally cognizant: let your reflections be guided by what I have told you and by the whole tenor of my citizenship.

For I have performed all the duties laid upon me with greater zeal than the State required: alike in equipping a warship, in contributing to war funds, in producing drama, and in the rest of my public services, my munificence was equal to that of any other citizen.

Yet, if I had done these things but moderately and without that zeal, I should not be struggling to save myself at once from exile and from the loss of all my property, but should have increased my possessions without incurring guilt or imperilling my life: whereas, had I done what this man accuses me of doing, I stood to make no profit, but only to endanger myself.

Surely you will all acknowledge that it is fairer to judge important issues by important proofs, and to give more credit to the testimony of the whole city than to the accusations of this single person.

And further, gentlemen, take note of the other events in the case. I went with witnesses to see him, and said that I still had the servants that I owned when I took over the plot, and was ready to delivery any that he wished to the torture, thinking that this would put his statements and my acts to stronger test.

But he declined, asserting that no credit could be given to servants. To my mind it is surprising that, when put to the torture on their own account, they accuse themselves, in the certain knowledge that they will be executed, but when it is on account of their masters, to whom they naturally have most animosity, they can choose rather to endure the torture than to get release from their present ills by an incrimination!

Nay, in truth, gentlemen, I think it is manifest to all that, had I refused to deliver the men at Nicomachus’s request, I should be considered conscious of my guilt[*](The offer of one’s slaves for the extraction of evidence under torture was generally presumed to be a sign of one’s innocence.); so, since he declined to accept them when I offered to deliver them, it is fair to form the same opinion regarding him, especially as the danger is not equal for us both.

For if they had made the statements about me that he desired, I should not even have had a chance of defending myself; while if they had not supported his statements, he was liable to no penalty. It behoved him, therefore, much rather to take them than it suited me to deliver them. For my part, I was so solicitous in the matter, because I felt it was in my favour to have you informed of the truth regarding this matter, at once by torture, by witnesses, and by evidence.

And you should consider, gentlemen, which side you ought rather to credit, those for whom many have borne witness, or one for whom nobody has ventured to do so; whether it is more likely that this man is lying, as he can without danger,[*](In prosecutions for impiety. and in certain other cases, the accuser was not subject to the rule that he forfeited 1000 drachmae and some of his civic rights if he failed to get a fifth of the votes of the judges.) or that in face of so grave a danger I committed such an act; and whether you think that he is vindicating the cause of the State, or has been playing the slanderer’s trade in his accusation.

For I believe it is your opinion that Nicomachus has been prevailed upon by my enemies to conduct this prosecution, not as hoping to establish my guilt, but as expecting to obtain money from me. For precisely as such actions at law are most damaging and perplexing, so everyone is most anxious to avoid them.

But I, gentlemen, disdained that: as soon as he charged me, I placed myself entirely at your disposal, and came to terms with none of my enemies on account of this ordeal, though they take more pleasure in vilifying me than in commending themselves. Not one of them has ever attempted, openly and in his own person, to do me a single hurt; they prefer to set upon me men of this stamp, whom you cannot honestly believe.