§1πρότερον μέν, ὦ βουλή, ἐνόμιζον ἐξεῖναι τῷ βουλομένῳ, ἡσυχίαν ἄγοντι, μήτε δίκας ἔχειν μήτε πράγματα· νυνὶ δὲ οὕτως ἀπροσδοκήτως αἰτίαις καὶ πονηροῖς συκοφάνταις περιπέπτωκα, ὥστʼ εἴ πως οἷόν τε, δοκεῖ μοι δεῖν καὶ τοὺς μὴ γεγονότας ἤδη δεδιέναι περὶ τῶν μελλόντων ἔσεσθαι· διὰ γὰρ τοὺς τοιούτους οἱ κίνδυνοι κοινοὶ γίγνονται καὶ τοῖς μηδὲν ἀδικοῦσι καὶ τοῖς πολλὰ ἡμαρτηκόσιν.
Previously, members of the Council, I used to think that anyone who wished, by keeping quiet, was permitted to have neither lawsuits nor troubles; but now I have run into such unexpected accusations and wicked sycophants that, if it were somehow possible, it seems to me necessary even for those who are not yet born already to fear for what is going to happen in the future; for because of such people, dangers become common both to those who do no wrong and to those who have committed many offenses.
§2οὕτω δʼ ἄπορος ὁ ἀγών μοι καθέστηκεν, ὥστε ἀπεγράφην τὸ μὲν πρῶτον ἐλάαν ἐκ τῆς γῆς ἀφανίζειν, καὶ πρὸς τοὺς ἐωνημένους τοὺς καρποὺς τῶν μορίων πυνθανόμενοι προσῇσαν· ἐπειδὴ δʼ ἐκ τούτου τοῦ τρόπου ἀδικοῦντά με οὐδὲν εὑρεῖν ἐδυνήθησαν, νυνί με σηκόν φασιν ἀφανίζειν, ἡγούμενοι ἐμοὶ μὲν ταύτην τὴν αἰτίαν ἀπορωτάτην εἶναι ἀπελέγξαι, αὐτοῖς δὲ ἐξεῖναι μᾶλλον ὅ τι ἂν βούλωνται λέγειν.
The contest has become so difficult for me that at first I was accused of removing an olive tree from the land, and they went to inquire of those who had purchased the fruit of the sacred olives; but when they were unable by this method to find me doing any wrong, they now assert that I am removing a stump, thinking that this accusation is the most difficult for me to refute, and that it is more open to them to say whatever they please.
§3καὶ δεῖ με, περὶ ὧν οὗτος ἐπιβεβουλευκὼς ἥκει, ἅμʼ ὑμῖν τοῖς διαγνωσομένοις περὶ τοῦ πράγματος ἀκούσαντα καὶ περὶ τῆς πατρίδος καὶ περὶ τῆς οὐσίας ἀγωνίσασθαι.
And I must, concerning the things which this man has come plotting against me, having heard them at the same time as you who are to decide on the matter, fight for both my fatherland and my property.
ὅμως δὲ πειράσομαι ἐξ ἀρχῆς ὑμᾶς διδάξαι.
Nevertheless, I shall try to inform you from the beginning.
§4ἦν μὲν γὰρ τοῦτο Πεισάνδρου τὸ χωρίον, δημευθέντων δὲ τῶν ὄντων ἐκείνου Ἀπολλόδωρος ὁ Μεγαρεὺς δωρειὰν παρὰ τοῦ δήμου λαβὼν τὸν μὲν ἄλλον χρόνον ἐγεώργει, ὀλίγῳ δὲ πρὸ τῶν τριάκοντα Ἀντικλῆς παρʼ αὐτοῦ πριάμενος ἐξεμίσθωσεν· ἐγὼ δὲ παρʼ Ἀντικλέους εἰρήνης οὔσης ὠνοῦμαι.
For this land used to belong to Peisander; but when his property was confiscated, Apollodorus of Megara, having received it as a gift from the people, cultivated it for the rest of the time, and a little before the Thirty, Anticles bought it from him and let it out; and I bought it from Anticles when there was peace.
§5ἡγοῦμαι τοίνυν, ὦ βουλή, ἐμὸν ἔργον ἀποδεῖξαι ὡς ἐπειδὴ τὸ χωρίον ἐκτησάμην, οὔτʼ ἐλάα οὔτε σηκὸς ἐνῆν ἐν αὐτῷ.
I think, therefore, members of the Council, that it is my task to show that when I acquired the land, there was neither an olive tree nor a stump on it.
νομίζω γὰρ τοῦ μὲν προτέρου χρόνου, οὐδʼ εἰ πάλαι ἐνῆσαν μορίαι, οὐκ ἂν δικαίως ζημιοῦσθαι· εἰ γὰρ μὴ διʼ ἡμᾶς εἰσιν ἠφανισμέναι, οὐδὲν προσήκει περὶ τῶν ἀλλοτρίων ἁμαρτημάτων ὡς ἀδικοῦντας κινδυνεύειν.
For I believe that, as regards the previous time, even if there had been sacred olives on it long ago, I should not justly be punished; for if they have disappeared not through our agency, it is not at all fitting that we should run risks as wrongdoers for the offenses of others.
§6πάντες γὰρ ἐπίστασθε ὅτι ὁ πόλεμος καὶ ἄλλων πολλῶν αἴτιος κακῶν γεγένηται, καὶ τὰ μὲν πόρρω ὑπὸ Λακεδαιμονίων ἐτέμνετο, τὰ δʼ ἐγγὺς ὑπὸ τῶν φίλων διηρπάζετο· ὥστε πῶς ἂν δικαίως ὑπὲρ τῶν τότε τῇ πόλει γεγενημένων συμφορῶν ἐγὼ νυνὶ δίκην διδοίην;
For you all know that the war was the cause of many other evils, and that the distant lands were ravaged by the Lacedaemonians, while those nearby were plundered by our friends; so how could I justly now suffer punishment for the misfortunes that befell the city at that time?
§7ἄλλως τε καὶ τοῦτο τὸ χωρίον ἐν τῷ πολέμῳ δημευθὲν ἄπρατον ἦν πλεῖν ἢ τρία ἔτη.
Especially since this land, having been confiscated during the war, remained unsold for more than three years.
οὐ θαυμαστὸν δʼ εἰ τότε τὰς μορίας ἐξέκοπτον, ἐν ᾧ οὐδὲ τὰ ἡμέτερʼ αὐτῶν φυλάττειν ἐδυνάμεθα.
And it is not surprising if they were cutting down the sacred olives at that time, when we were not even able to protect our own property.
ἐπίστασθε δέ, ὦ βουλή, ὅσοι μάλιστα τῶν τοιούτων ἐπιμελεῖσθε, πολλὰ ἐν ἐκείνῳ τῷ χρόνῳ δασέα ὄντα ἰδίαις καὶ μορίαις ἐλάαις, ὧν νῦν τὰ πολλὰ ἐκκέκοπται καὶ ἡ γῆ ψιλὴ γεγένηται· καὶ τῶν αὐτῶν καὶ ἐν τῇ εἰρήνῃ καὶ ἐν τῷ πολέμῳ κεκτημένων οὐκ ἀξιοῦτε παρʼ αὐτῶν, ἑτέρων ἐκκοψάντων, δίκην λαμβάνειν.
And you know, members of the Council, especially those of you who take the greatest care of such matters, that at that time there were many places thick with private and sacred olives, of which now the greater part have been cut down and the land has become bare; and even in the case of those who owned them both in peace and in war, you do not think it right to exact punishment from them when others cut them down.
§8καίτοι εἰ τοὺς διὰ παντὸς τοῦ χρόνου γεωργοῦντας τῆς αἰτίας ἀφίετε, ἦ που χρὴ τούς γʼ ἐν τῇ εἰρήνῃ πριαμένους ἀφʼ ὑμῶν ἀζημίους γενέσθαι.
And yet, if you acquit of the charge those who were cultivating through the whole period, surely those who bought in time of peace from you ought to go unpunished.
§9ἀλλὰ γάρ, ὦ βουλή, περὶ μὲν τῶν πρότερον γεγενημένων πολλὰ ἔχων εἰπεῖν ἱκανὰ νομίζω τὰ εἰρημένα· ἐπειδὴ δʼ ἐγὼ παρέλαβον τὸ χωρίον, πρὶν ἡμέρας πέντε γενέσθαι, ἀπεμίσθωσα Καλλιστράτῳ, ἐπὶ Πυθοδώρου ἄρχοντος·
But indeed, members of the Council, though I have much to say about what happened previously, I think what has been said is sufficient; and when I took over the land, before five days had passed, I let it out to Kallistratos, in the archonship of Pythodoros; who cultivated it for two years, having received neither a private olive tree, nor a sacred olive, nor a stump.
§10ὃς δύο ἔτη ἐγεώργησεν, οὔτε ἰδίαν ἐλάαν οὔτε μορίαν οὔτε σηκὸν παραλαβών. τρίτῳ δὲ ἔτει Δημήτριος οὑτοσὶ εἰργάσατο ἐνιαυτόν· τῷ δὲ τετάρτῳ Ἀλκίᾳ Ἀντισθένους ἀπελευθέρῳ ἐμίσθωσα, ὃς τέθνηκε· κᾆτα τρία ἔτη ὁμοίως καὶ Πρωτέας ἐμισθώσατο.
In the third year, Demetrios here worked it for a year; and in the fourth year I let it to Alkias, a freedman of Antisthenes, who is now dead; and then Proteas likewise rented it for three years.
καί μοι δεῦρʼ ἴτε, μάρτυρες.
Witnesses, please come forward here for me.
§11Μάρτυρες
ἐπειδὴ τοίνυν ὁ χρόνος οὗτος ἐξήκει, αὐτὸς γεωργῶ.
Now when this period had expired, I myself cultivated it.
φησὶ δὲ ὁ κατήγορος ἐπὶ Σουνιάδου ἄρχοντος σηκὸν ὑπʼ ἐμοῦ ἐκκεκόφθαι.
But the accuser asserts that a stump was cut down by me in the archonship of Souniades.
ὑμῖν δὲ μεμαρτυρήκασιν οἱ πρότερον ἐργαζόμενοι καὶ πολλὰ ἔτη παρʼ ἐμοῦ μεμισθωμένοι μὴ εἶναι σηκὸν ἐν τῷ χωρίῳ.
But those who worked it previously and who rented it from me for many years have testified to you that there was no stump in the land.
καίτοι πῶς ἄν τις φανερώτερον ἐξελέγξειε ψευδόμενον τὸν κατήγορον;
And yet, how could anyone more clearly prove the accuser to be lying?
οὐ γὰρ οἷόν τε, ἃ πρότερον μὴ ἦν, ταῦτα τὸν ὕστερον ἐργαζόμενον ἀφανίζειν.
For it is impossible for the subsequent cultivator to remove what did not exist previously.