Humanitext Reader

Lysias · Defense in the Matter of an Olive Stump §22-32

Absence of Witnesses and Past Public Services

Passage 3 of 4 · Greek

Summary

The defendant points out the unnaturalness of the accuser Nikomachos failing to bring officials or witnesses at the time of the alleged incident, and asserts his innocence by highlighting his exemplary record of public services (leitourgiai) and the lack of any motive to run such a risk.

§22καίτοι εἰ ὅτε φῄς μʼ ἰδεῖν τὴν μορίαν ἀφανίζοντα τοὺς ἐννέα ἄρχοντας ἐπήγαγες ἢ ἄλλους τινὰς τῶν ἐξ Ἀρείου πάγου, οὐκ ἂν ἑτέρων ἔδει σοι μαρτύρων· οὕτω γὰρ ἄν σοι συνῄδεσαν ἀληθῆ λέγοντι, οἵπερ καὶ διαγιγνώσκειν ἔμελλον περὶ τοῦ πράγματος.
And yet, if at the time when you say you saw me removing the sacred olive, you had brought the nine archons or some others of the Areopagus, you would have had no need of other witnesses; for they themselves, who were also to judge the matter, would have been conscious that you were speaking the truth.
§23δεινότατα οὖν πάσχω· ὃς εἰ μὲν παρέσχετο μάρτυρας, τούτοις ἂν ἠξίου πιστεύειν, ἐπειδὴ δὲ οὐκ εἰσὶν αὐτῷ ἐμοὶ καὶ ταύτην ζημίαν οἴεται χρῆναι γενέσθαι.
Therefore, I am suffering the most terrible treatment; for he, if on the one hand he had produced witnesses, would have expected you to believe them, but since he has none, he thinks that this very fact should result in a penalty for me.
καὶ τούτου μὲν οὐ θαυμάζω· οὐ γὰρ δήπου συκοφαντῶν ἅμα τοιούτων τε λόγων ἀπορήσει καὶ μαρτύρων· ὑμᾶς δʼ οὐκ ἀξιῶ τὴν αὐτὴν τούτῳ γνώμην ἔχειν.
And indeed I do not wonder at him; for surely, being a sycophant, he will not be at a loss for such arguments and witnesses; but I ask that you do not hold the same opinion as he.
§24ἐπίστασθε γὰρ ἐν τῷ πεδίῳ πολλὰς μορίας οὔσας καὶ πυρκαϊὰς ἐν τοῖς ἄλλοις τοῖς ἐμοῖς χωρίοις, ἅς, εἴπερ ἐπεθύμουν, πολὺ ἦν ἀσφαλέστερον καὶ ἀφανίσαι καὶ ἐκκόψαι καὶ ἐπεργάσασθαι, ὅσῳπερ ἧττον τὸ ἀδίκημα πολλῶν οὐσῶν ἔμελλε δῆλον ἔσεσθαι.
For you know that there are many sacred olives in the plain, and many burnt stumps in my other properties, which, if indeed I had desired to do so, it would have been much safer for me to remove, cut down, and cultivate, inasmuch as the offense was bound to be less manifest when there were many of them.
§25νῦν δʼ οὕτως αὐτὰς περὶ πολλοῦ ποιοῦμαι ὥσπερ καὶ τὴν πατρίδα καὶ τὴν ἄλλην οὐσίαν, ἡγούμενος περὶ ἀμφοτέρων τούτων εἶναί μοι τὸν κίνδυνον.
But as it is, I value them as highly as my fatherland and my other property, believing that the danger for me is concerned with both of these.
αὐτοὺς τοίνυν ὑμᾶς τούτων μάρτυρας παρέξομαι, ἐπιμελουμένους μὲν ἑκάστου μηνός, ἐπιγνώμονας δὲ πέμποντας καθʼ ἕκαστον ἐνιαυτόν· ὧν οὐδεὶς πώποτʼ ἐζημίωσέ μʼ ὡς ἐργαζόμενον τὰ περὶ τὰς μορίας χωρία.
Therefore, I shall produce you yourselves as witnesses of these things, who take care of them every month and send inspectors every year; none of whom has ever penalized me for cultivating the land around the sacred olives.
§26καίτοι οὐ δήπου τὰς μὲν μικρὰς ζημίας οὕτω περὶ πολλοῦ ποιοῦμαι, τοὺς δὲ περὶ τοῦ σώματος κινδύνους οὕτω περὶ οὐδενὸς ἡγοῦμαι· καὶ τὰς μὲν πολλὰς ἐλάας, εἰς ἃς ἐξῆν μᾶλλον ἐξαμαρτάνειν, οὕτω θεραπεύων φαίνομαι, τὴν δὲ μορίαν, ἣν οὐχ οἷόν τʼ ἦν λαθεῖν ἐξορύξαντα, ὡς ἀφανίζων νυνὶ κρίνομαι.
And yet, I surely do not value small penalties so highly while holding dangers to my life of no account; and while I am seen to care thus for the many olive trees, with regard to which it was more possible to offend, I am now being tried on the charge of having removed the sacred olive, which it was impossible to dig up without being detected.
§27πότερον δέ μοι κρεῖττον ἦν, ὦ βουλή, δημοκρατίας οὔσης παρανομεῖν ἢ ἐπὶ τῶν τριάκοντα;
And was it better for me, members of the Council, to break the law under the democracy or under the Thirty?
καὶ οὐ λέγω ὡς τότε δυνάμενος ἢ ὡς νῦν διαβεβλημένος, ἀλλʼ ὡς τῷ βουλομένῳ τότε μᾶλλον ἐξὸν ἀδικεῖν ἢ νυνί.
I do not say that I was powerful then or that I am slandered now, but that it was more possible then for anyone who wished to commit injustice than it is now.
ἐγὼ τοίνυν οὐδʼ ἐν ἐκείνῳ τῷ χρόνῳ οὔτε τοιοῦτον οὔτε ἄλλο οὐδὲν κακὸν ποιήσας φανήσομαι.
Yet I shall be shown to have done no such thing, nor any other wrong, even in that time.
§28πῶς δʼ ἄν, εἰ μὴ πάντων ἀνθρώπων ἐμαυτῷ κακονούστατος ἦ, ὑμῶν οὕτως ἐπιμελουμένων ἐκ τούτου τὴν μορίαν ἀφανίζειν ἐπεχείρησα τοῦ χωρίου, ἐν ᾧ δένδρον μὲν οὐδὲ ἕν ἐστι, μιᾶς δὲ ἐλάας σηκός, ὡς οὗτός φησιν, ἦν, κυκλόθεν δὲ ὁδὸς περιέχει, ἀμφοτέρωθεν δὲ γείτονες περιοικοῦσιν, ἄερκτον δὲ καὶ πανταχόθεν κάτοπτόν ἐστιν;
How indeed, unless I were the most hostile to myself of all men, when you were taking such care, should I have attempted to remove the sacred olive from this field, in which there is not even a single tree, but where, as this man says, there was the stump of one olive tree, and which is surrounded by a road, and inhabited by neighbors on both sides, and is unfenced and visible from everywhere?
ὥστε τίς ἂν ἀπετόλμησε, τούτων οὕτως ἐχόντων, ἐπιχειρῆσαι τοιούτῳ πράγματι;
So who would have dared, under these conditions, to attempt such a deed?
δεινὸν δέ μοι δοκεῖ εἶναι ὑμᾶς μέν, §29οἷς ὑπὸ τῆς πόλεως τὸν ἅπαντα χρόνον προστέτακται τῶν μορίων ἐλαῶν ἐπιμελεῖσθαι, μήθʼ ὡς ἐπεργαζόμενον πώποτε ζημιῶσαί με μήθʼ ὡς ἀφανίσαντα εἰς κίνδυνον καταστῆσαι, τοῦτον δʼ ὃς οὔτε γεωργῶν ἐγγὺς τυγχάνει οὔτʼ ἐπιμελητὴς ᾑρημένος οὔθʼ ἡλικίαν ἔχων εἰδέναι περὶ τῶν τοιούτων, ἀπογράψαι με ἐκ γῆς μορίαν ἀφανίζειν.
But it seems terrible to me that you, who have been appointed by the city for all time to take care of the sacred olives, have never either penalized me as cultivating them or brought me into danger as having removed them, whereas this man, who happens neither to farm nearby nor to have been elected as an inspector, nor to be of an age to know about such matters, has reported me for removing a sacred olive from the land.
§30ἐγὼ τοίνυν δέομαι ὑμῶν μὴ τοὺς τοιούτους λόγους πιστοτέρους ἡγήσασθαι τῶν ἔργων, μηδὲ περὶ ὧν αὐτοὶ σύνιστε, τοιαῦτʼ ἀνασχέσθαι τῶν ἐμῶν ἐχθρῶν λεγόντων, ἐνθυμουμένους καὶ ἐκ τῶν εἰρημένων καὶ ἐκ τῆς ἄλλης πολιτείας.
I therefore beg of you not to consider such words more trustworthy than deeds, nor to tolerate my enemies saying such things about matters of which you yourselves are aware, reflecting both on what has been said and on the rest of my public life.
§31ἐγὼ γὰρ τὰ ἐμοὶ προστεταγμένα ἅπαντα προθυμότερον πεποίηκα ἢ ὡς ὑπὸ τῆς πόλεως ἠναγκαζόμην, καὶ τριηραρχῶν καὶ εἰσφορὰς εἰσφέρων καὶ χορηγῶν καὶ τἆλλα λῃτουργῶν οὐδενὸς ἧττον πολυτελῶς τῶν πολιτῶν.
For I have performed all the duties imposed upon me more zealously than I was compelled by the city, both serving as trierarch and paying war-taxes and equipping choruses and performing the other public services no less expensively than any of my fellow-citizens.
§32καίτοι ταῦτα μὲν μετρίως ποιῶν ἀλλὰ μὴ προθύμως οὔτʼ ἂν περὶ φυγῆς οὔτʼ ἂν περὶ τῆς ἄλλης οὐσίας ἠγωνιζόμην, πλείω δʼ ἂν ἐκεκτήμην, οὐδὲν ἀδικῶν οὐδʼ ἐπικίνδυνον ἐμαυτῷ καταστήσας τὸν βίον· ταῦτα δὲ πράξας, ἃ οὗτός μου κατηγορεῖ, ἐκέρδαινον μὲν οὐδέν, ἐμαυτὸν δʼ εἰς κίνδυνον καθίστην.
And yet, if I had performed these duties moderately and not zealously, I should not be competing either for exile or for the rest of my property, and I should have possessed more, while doing no wrong nor making my life hazardous for myself; whereas by doing what this man accuses me of, I should have gained nothing, but should have put myself into danger.

Notes

  1. §22οὐκ ἂν ἑτέρων ἔδει σοι μαρτύρων — A conclusion of a past contrary-to-fact condition (ἄν with the imperfect indicative), corresponding to the condition εἰ ... ἐπήγαγες in the preceding clause. It expresses 'you would have had no need of other witnesses (but in fact you do).'
  2. §23ὃς εἰ μὲν παρέσχετο ... ἐμοί ... ζημίαν ... γενέσθαι — The relative pronoun ὃς (nominative, referring to Nikomachos) serves as the subject, governing the verb οἴεται in the second part of the contrast (εἰ μὲν ... ἐπειδὴ δέ), which in turn takes the accusative and infinitive construction (ἐμοί ... χρῆναι γενέσθαι). The whole sentence means 'this man, who on the one hand..., on the other hand thinks...'.
  3. §25ὧν οὐδεὶς πώποτʼ ἐζημίωσέ μʼ ὡς ἐργαζόμενον τὰ περὶ τὰς μορίας χωρία — The antecedent of the relative pronoun ὧν is not the immediately preceding 'you yourselves', but the implied noun of the participle (the 'inspectors' ἐπιγνώμονας sent every year). The phrase ὡς with the participle ἐργαζόμενον indicates the subjective reason or the ground of the charge ('on the ground that I was cultivating').
  4. §29δεινὸν δέ μοι δοκεῖ εἶναι ὑμᾶς μέν ... τοῦτον δʼ ... ἀπογράψαι με — The accusative and infinitive clauses (ὑμᾶς μέν ... [μήτε ζημιῶσαι μήτε καταστῆσαι] and τοῦτον δʼ ... ἀπογράψαι) are coordinated as the true subject of the impersonal expression δεινὸν ... εἶναι ('it seems to be terrible that...').
  5. §32καίτοι ταῦτα μὲν μετρίως ποιῶν — The participle ποιῶν is a conditional participle, representing the protasis ('if I had performed...') for the following past contrary-to-fact apodoses (imperfect indicative with ἄν: ἂν ... ἠγωνιζόμην, ἂν ἐκεκτήμην).

Cite this passage

Lysias, Defense in the Matter of an Olive Stump §22-32. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0540.tlg007.humanitext-grc2:22-32

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