§1οὐ προφάσεως ἀπορῶ, διʼ ἥντινα λέγω ὑπὲρ Νικίου τουτουί· καὶ γὰρ φίλος ὤν μοι τυγχάνει καὶ δεόμενος καὶ ἀδικούμενος καὶ ἀδύνατος εἰπεῖν, ὥστε διὰ ταῦτα πάντα ὑπὲρ αὐτοῦ λέγειν ἀναγκάζομαι.
I do not lack a reason for speaking on behalf of Nicias here; for he happens to be my friend, and is in need, wronged, and unable to speak, so that for all these reasons I am compelled to speak on his behalf.
§2ὅθεν οὖν τὸ συμβόλαιον αὐτῷ πρὸς Εὐθύνουν γεγένηται, διηγήσομαι ὑμῖν ὡς ἂν δύνωμαι διὰ βραχυτάτων.
From what origin, then, his transaction with Euthynus arose, I will relate to you as briefly as I can.
Νικίας γὰρ οὑτοσί, ἐπειδὴ οἱ τριάκοντα κατέστησαν καὶ αὐτὸν οἱ ἐχθροὶ ἐκ μὲν τῶν μετεχόντων τῆς πολιτείας ἐξήλειφον, εἰς δὲ τὸν μετὰ Λυσάνδρου κατάλογον ἐνέγραφον, δεδιὼς τὰ παρόντα πράγματα τὴν μὲν οἰκίαν ὑπέθηκε, τοὺς δʼ οἰκέτας ἔξω τῆς γῆς ἐξέπεμψε, τὰ δʼ ἔπιπλα ὡς ἐμὲ ἐκόμισε, τρία δὲ τάλαντα ἀργυρίου Εὐθύνῳ φυλάττειν ἔδωκεν, αὐτὸς δʼ εἰς ἀγρὸν ἐλθὼν διῃτᾶτο.
For this Nicias, when the Thirty were established and his enemies were erasing him from those participating in the franchise, and enrolling him on the list with Lysander, fearing the present situation, mortgaged his house, sent his servants out of the country, brought his furniture to me, gave three talents of silver to Euthynus to keep, and himself went to the countryside and lived there.
§3οὐ πολλῷ δὲ χρόνῳ ὕστερον βουλόμενος ἐκπλεῖν ἀπῄτησε τἀργύριον· Εὐθύνους δὲ τὰ μὲν δύο τάλαντα ἀποδίδωσι, τοῦ δὲ τρίτου ἔξαρνος γίγνεται.
Not long afterwards, wishing to sail away, he demanded the money back; Euthynus returned the two talents, but denied having the third.
ἄλλο μὲν οὖν οὐδὲν εἶχε Νικίας ἐν τῷ τότε χρόνῳ ποιῆσαι, προσιὼν δὲ πρὸς τοὺς ἐπιτηδείους ἐνεκάλει καὶ ἐμέμφετο καὶ ἔλεγεν ἃ πεπονθὼς εἴη.
Now Nicias had nothing else he could do at that time, but going to his close friends, he complained, reproached him, and told what he had suffered.
καίτοι οὕτω τοῦτόν τε περὶ πολλοῦ ἐποιεῖτο καὶ τὰ καθεστῶτα ἐφοβεῖτο, ὥστε πολὺ ἂν θᾶττον ὀλίγων στερηθεὶς ἐσιώπησεν ἢ μηδὲν ἀπολέσας ἐνεκάλεσεν.
And yet, he valued this man so highly and feared the established order so much, that he would have remained silent much more quickly if he had been deprived of a small amount, than he would have made an accusation without having lost anything.
§4τὰ μὲν οὖν γεγενημένα ταῦτʼ ἐστίν.
These, then, are the facts.
ἀπόρως δʼ ἡμῖν ἔχει τὸ πρᾶγμα.
But the matter is difficult for us.
Νικίᾳ γὰρ οὔτε παρακατατιθεμένῳ τὰ χρήματα οὔτε κομιζομένῳ οὐδεὶς οὔτʼ ἐλεύθερος οὔτε δοῦλος παρεγένετο, ὥστε μήτʼ ἐκ βασάνων μήτʼ ἐκ μαρτύρων οἷόν τʼ εἶναι γνῶναι περὶ αὐτῶν, ἀλλʼ ἀνάγκη ἐκ τεκμηρίων καὶ ἡμᾶς διδάσκειν καὶ ὑμᾶς δικάζειν, ὁπότεροι τἀληθῆ λέγουσιν.
For when Nicias was depositing the money, nor when he was recovering it, no one, neither free man nor slave, was present, so that it is impossible to know about these things either from torture or from witnesses, but we must instruct and you must judge from circumstantial evidence which of the two parties is speaking the truth.
§5οἶμαι δὴ πάντας εἰδέναι ὅτι μάλιστα συκοφαντεῖν ἐπιχειροῦσιν οἱ λέγειν μὲν δεινοί, ἔχοντες δὲ μηδέν, τοὺς ἀδυνάτους μὲν εἰπεῖν, ἱκανοὺς δὲ χρήματα τελεῖν.
Indeed, I think everyone knows that those who are clever at speaking but possess nothing especially attempt to bring false charges against those who are unable to speak but able to pay money.
Νικίας τοίνυν Εὐθύνου πλείω μὲν ἔχει, ἧττον δὲ δύναται λέγειν· ὥστε οὐκ ἔστι διʼ ὅτι ἂν ἐπήρθη ἀδίκως ἐπʼ Εὐθύνουν ἐλθεῖν.
Now Nicias has more wealth than Euthynus, but is less able to speak; so there is no reason why he would have been induced to go against Euthynus unjustly.
§6ἀλλὰ μὴν καὶ ἐξ αὐτοῦ ἄν τις τοῦ πράγματος γνοίη, ὅτι πολὺ μᾶλλον εἰκὸς ἦν Εὐθύνουν λαβόντα ἐξαρνεῖσθαι ἢ Νικίαν μὴ δόντα αἰτιᾶσθαι.
Moreover, one might recognize from the matter itself that it was much more likely that Euthynus, having received the money, would deny it, than that Nicias, not having given it, would accuse him.
δῆλον γὰρ ὅτι πάντες κέρδους ἕνεκʼ ἀδικοῦσιν.
For it is clear that everyone does wrong for the sake of gain.
οἱ μὲν οὖν ἀποστεροῦντες ὧνπερ ἕνεκʼ ἀδικοῦσιν ἔχουσιν, οἱ δʼ ἐγκαλοῦντες οὐδʼ εἰ λήψεσθαι μέλλουσιν ἴσασιν.
Now those who withhold the money possess the very thing for the sake of which they do wrong; but those who make an accusation do not even know if they are going to receive it.
§7πρὸς δὲ τούτοις, ἀκαταστάτως ἐχόντων τῶν ἐν τῇ πόλει καὶ δικῶν οὐκ οὐσῶν τῷ μὲν οὐδὲν ἦν πλέον ἐγκαλοῦντι, τῷ δὲ οὐδὲν ἦν δέος ἀποστεροῦντι.
In addition to this, since affairs in the city were in confusion and there were no lawsuits, there was no advantage for the one who made an accusation, and no fear for the one who withheld.
ὥστε τὸν μὲν οὐδὲν ἦν θαυμαστόν, ὅτε καὶ οἱ μετὰ μαρτύρων δανεισάμενοι ἐξηρνοῦντο, τότε ἃ μόνος παρὰ μόνου ἔλαβεν ἀποστερῆσαι· τὸν δʼ οὐκ εἰκός, ὅτε οὐδʼ οἷς δικαίως ὠφείλετο οἷόν τʼ ἦν πράττεσθαι, τότε ἀδίκως ἐγκαλοῦντα οἴεσθαί τι λήψεσθαι.
Thus, it was not at all surprising for the one, at a time when even those who had borrowed with witnesses were denying it, then to withhold what he had received alone from him alone; while for the other, it was unlikely, at a time when not even those to whom money was justly owed were able to recover it, then to think that by making an unjust accusation he would obtain anything.
§8ἔτι δʼ εἰ καὶ μηδὲν αὐτὸν ἐκώλυεν, ἀλλὰ καὶ ἐξῆν καὶ ἐβούλετο συκοφαντεῖν, ὡς οὐκ ἂν ἐπʼ Εὐθύνουν ἦλθε ῥᾴδιον γνῶναι.
Furthermore, even if nothing had prevented him, but it was both permitted and he wished to bring a false charge, it is easy to recognize that he would not have gone against Euthynus.
οἱ γὰρ τοιαῦτα πράττειν ἐπιθυμοῦντες οὐκ ἀπὸ τῶν φίλων ἄρχονται ἀλλὰ μετὰ τούτων ἐπὶ τοὺς ἄλλους ἔρχονται, καὶ τούτοις ἐγκαλοῦσιν, οὓς ἂν μήτʼ αἰσχύνωνται μήτε δεδίωσι, καὶ οὓς ἂν ὁρῶσι πλουσίους μέν, ἐρήμους δὲ καὶ ἀδυνάτους πράττειν.
For those who desire to do such things do not begin with their friends, but with their friends they go against others, and they accuse those whom they neither respect nor fear, and whom they see to be rich, but isolated and unable to act.
§9εὐθύνῳ τοίνυν τἀναντία τούτων ὑπάρχει· ἀνεψιὸς γὰρ ὢν Νικίου τυγχάνει, λέγειν δὲ καὶ πράττειν μᾶλλον δύναται τούτου, ἔτι δὲ χρήματα μὲν ὀλίγα, φίλους δὲ πολλοὺς κέκτηται.
Now for Euthynus, the opposite of these things holds true; for he happens to be a cousin of Nicias, and is more able to speak and act than him, and furthermore, he possesses little money, but many friends.
ὥστʼ οὐκ ἔστιν ἐφʼ ὅντινα ἂν ἧττον ἢ ἐπὶ τοῦτον ἦλθεν· ἐπεὶ ἔμοιγε δοκεῖ, εἰδότι τὴν τούτων οἰκειότητα, οὐδʼ ἂν Εὐθύνους Νικίαν ἀδικῆσαι, εἰ ἐξῆν ἄλλον τινὰ τοσαῦτα χρήματα ἀποστερῆσαι.
So there is no one against whom he would have been less likely to go than him; since indeed it seems to me, knowing their relationship, that not even Euthynus would have wronged Nicias, if it had been possible to defraud anyone else of so much money.
§10νῦν δʼ ἀρχαιότερον ἦν αὐτοῖς τὸ πρᾶγμα.
But as it was, the situation was predetermined for them.
ἐγκαλεῖν μὲν γὰρ ἔξεστιν ἐξ ἁπάντων ἐκλεξάμενον, ἀποστερεῖν δʼ οὐχ οἷόν ἄλλον ἢ τὸν παρακαταθέμενον.
For while it is possible to make an accusation by choosing from among everyone, it is not possible to defraud anyone other than the one who deposited the money.
ὥστε Νικίας μὲν συκοφαντεῖν ἐπιθυμῶν οὐκ ἂν ἐπὶ τοῦτον ἦλθεν, Εὐθύνους δʼ ἀποστερεῖν ἐπιχειρῶν οὐκ ἄλλον εἶχεν.
So Nicias, if he desired to bring a false charge, would not have gone against him, but Euthynus, attempting to defraud, had no one else.