§11ὃ δὲ μέγιστον τεκμήριον καὶ πρὸς ἅπαντα ἱκανόν· ὅτε γὰρ τὸ ἔγκλημα ἐγένετο, ὀλιγαρχία καθειστήκει, ἐν ᾗ οὕτως ἑκάτερος αὐτῶν διέκειτο, ὥστε Νικίας μέν, εἰ καὶ τὸν ἄλλον χρόνον εἴθιστο συκοφαντεῖν, τότʼ ἂν ἐπαύσατο, Εὐθύνους δέ, καὶ εἰ μηδὲ πώποτε διενοήθη ἀδικεῖν,
And this is the greatest proof, and one sufficient for all arguments; for when the accusation was made, an oligarchy had been established, in which each of them was so situated that Nicias, even if he had been accustomed to bring false accusations at other times, would then have stopped, while Euthynus, even if he had never at any time thought of doing wrong, would then have been induced to do so.
§12τότʼ ἂν ἐπήρθη. ὁ μὲν γὰρ διὰ τὰ ἁμαρτήματα ἐτιμᾶτο, ὁ δὲ διὰ τὰ χρήματα ἐπεβουλεύετο.
For the one was honored because of his misdeeds, while the other was plotted against because of his wealth.
πάντες γὰρ ἐπίστασθε, ὅτι ἐν ἐκείνῳ τῷ χρόνῳ δεινότερον ἦν πλουτεῖν ἢ ἀδικεῖν· οἱ μὲν γὰρ τὰ ἀλλότρια ἐλάμβανον, οἱ δὲ τὰ σφέτερʼ αὐτῶν ἀπώλλυον.
For you all know that at that time it was more dangerous to be rich than to do wrong; for some took the property of others, while others lost their own.
ἐφʼ οἷς γὰρ ἦν ἡ πόλις, οὐ τοὺς ἁμαρτάνοντας ἐτιμωροῦντο, ἀλλὰ τοὺς ἔχοντας ἀφῃροῦντο, καὶ ἡγοῦντο τοὺς μὲν ἀδικοῦντας πιστούς, τοὺς δὲ πλουτοῦντας ἐχθρούς.
For those who had control of the city did not punish those who did wrong, but robbed those who had property, and considered those who did wrong to be loyal, but those who were rich to be enemies.
§13ὥστε μὴ περὶ τοῦτʼ εἶναι Νικίᾳ ὅπως συκοφαντῶν τἀλλότρια λήψοιτο, ἀλλʼ ὅπως μὴ οὐδὲν ἀδικῶν κακόν τι πείσοιτο.
So Nicias' concern was not how he might obtain the property of others by bringing false accusations, but how he might not suffer some harm while doing no wrong.
τῷ μὲν γὰρ ὅσον Εὐθύνους δυναμένῳ ἐξῆν ἅ τʼ ἔλαβεν ἀποστερεῖν καὶ οἷς μὴ συνέβαλεν ἐγκαλεῖν· οἱ δʼ ὥσπερ Νικίας διακείμενοι ἠναγκάζοντο τοῖς τʼ ὀφείλουσι τὰ χρέα ἀφιέναι καὶ τοῖς συκοφαντοῦσι τὰ αὑτῶν διδόναι.
For to one who had as much power as Euthynus, it was permitted both to withhold what he had received and to accuse those with whom he had had no transactions; but those situated like Nicias were compelled both to forgive debts to those who owed them and to give their own possessions to those who brought false accusations.
§14καὶ ταῦθʼ ὅτι ἀληθῆ λέγω αὐτὸς ἂν ὑμῖν Εὐθύνους μαρτυρήσειεν· ἐπίσταται γὰρ ὅτι Τιμόδημος τουτονὶ τριάκοντα μνᾶς ἐπράξατο, οὐ χρέος ἐγκαλῶν ἀλλʼ ἀπάξειν ἀπειλῶν.
And that I speak the truth in this, Euthynus himself would bear witness to you; for he knows that Timodemus exacted thirty minae from this man here, not by alleging a debt, but by threatening to drag him away.
καίτοι πῶς εἰκὸς Νικίαν εἰς τοῦτʼ ἀνοίας ἐλθεῖν, ὥστʼ αὐτὸν περὶ τοῦ σώματος κινδυνεύοντα ἑτέρους συκοφαντεῖν, §15καὶ μὴ δυνάμενον τὰ αὑτοῦ σῴζειν τοῖς ἀλλοτρίοις ἐπιβουλεύειν, καὶ πρὸς τοῖς ὑπάρχουσιν ἐχθροῖς ἑτέρους διαφόρους ποιεῖσθαι, καὶ τούτοις ἀδίκως ἐγκαλεῖν παρʼ ὧν οὐδʼ ὁμολογούντων ἀποστερεῖν οἷός τʼ ἂν ἦν δίκην λαβεῖν, καὶ τότε πλέον ἔχειν ζητεῖν, ὅτε οὐδὲ ἴσον ἐξῆν αὐτῷ, καὶ ὅτε ἃ οὐκ ἔλαβεν ἀποτίνειν ἠναγκάζετο, τότε καὶ ἃ μὴ συνέβαλεν ἐλπίζειν πράξασθαι;
And yet, how is it reasonable for Nicias to have reached such a pitch of folly, that while himself in danger for his life, he should bring false accusations against others, and, being unable to save his own property, plot against that of others, and in addition to his existing enemies, make others hostile to him, and falsely accuse those from whom, even if they admitted withholding it, he would not have been able to obtain justice, and at that time to seek to have more, when it was not even permitted to him to have an equal share, and at a time when he was compelled to pay back what he had not received, at that very time to hope to exact what he had not deposited?
§16περὶ μὲν οὖν τούτων ἱκανὰ τὰ εἰρημένα.
Now concerning these matters, what has been said is sufficient.
ἴσως δʼ Εὐθύνους ἐρεῖ, ἃ καὶ πρότερον ἤδη, ὅτι οὐκ ἄν ποτʼ ἀδικεῖν ἐπιχειρῶν τὰ μὲν δύο μέρη τῆς παρακαταθήκης ἀπέδωκε, τὸ δὲ τρίτον μέρος ἀπεστέρησεν, ἀλλʼ εἴτε ἀδικεῖν ἐπεθύμει εἴτε δίκαιος ἐβούλετο εἶναι, περὶ ἁπάντων ἂν τὴν αὐτὴν γνώμην ἔσχεν.
But perhaps Euthynus will say, as he has indeed already done before, that if he were attempting to do wrong, he would never have returned two parts of the deposit and withheld the third part, but whether he desired to do wrong or wished to be just, he would have held the same mind concerning the whole.
§17ἐγὼ δʼ ἡγοῦμαι πάντας ὑμᾶς εἰδέναι ὅτι πάντες ἄνθρωποι, ὅταν περ ἀδικεῖν ἐπιχειρῶσιν, ἅμα καὶ τὴν ἀπολογίαν σκοποῦνται· ὥστʼ οὐκ ἄξιον θαυμάζειν, εἰ τούτων ἕνεκα τῶν λόγων οὕτως Εὐθύνους ἠδίκησεν.
But I believe you all know that all men, whenever they attempt to do wrong, at the same time look to their defense; so that it is not worthy of wonder if, for the sake of these arguments, Euthynus did wrong in this way.
ἔτι δʼ ἔχοιμʼ ἂν ἐπιδεῖξαι καὶ ἑτέρους, οἳ χρήματα λαβόντες τὰ μὲν πλεῖστʼ ἀπέδοσαν, ὀλίγα δʼ ἀπεστέρησαν, καὶ ἐν μικροῖς μὲν συμβολαίοις ἀδικήσαντας, ἐν μεγάλοις δὲ δικαίους γενομένους· §18ὥστʼ οὐ μόνος οὐδὲ πρῶτος Εὐθύνους τοιαῦτα πεποίηκεν.
Furthermore, I could point out others who, having received money, returned most of it but withheld a small part, and who did wrong in small transactions, but were just in large ones; so that Euthynus is neither the only one nor the first to have done such things.
ἐνθυμεῖσθαι δὲ χρή, εἰ ἀποδέξεσθε τῶν τὰ τοιαῦτα λεγόντων, ὅτι νόμον θήσετε, πῶς χρὴ ἀδικεῖν· ὥστε τοῦ λοιποῦ χρόνου τὰ μὲν ἀποδώσουσι, τὰ δʼ ὑπολείψονται.
And you must bear in mind that, if you accept the statements of those who say such things, you will establish a law on how one ought to do wrong; so that for the future they will return some things, but keep back others.
λυσιτελήσει γὰρ αὐτοῖς, εἰ μέλλουσιν, οἷς ἂν ἀποδῶσι τεκμηρίοις χρώμενοι, ὧν ἂν ἀποστερῶσι μὴ δώσειν δίκην.
For it will profit them, if they are going to escape punishment for what they withhold by using as evidence the things they return.
§19σκέψασθε δὲ καί, ὡς ὑπὲρ Νικίου ῥᾴδιον εἰπεῖν ὅμοια τῇ Εὐθύνου ἀπολογίᾳ.
And consider also how easy it is to say on Nicias' behalf things similar to Euthynus' defense.
ὅτε γὰρ ἀπελάμβανε τὰ δύο τάλαντα, οὐδεὶς αὐτῷ παρεγένετο· ὥστʼ εἴπερ καὶ ἐβούλετο καὶ ἐδόκει αὐτῷ συκοφαντεῖν, δῆλον ὅτι οὐδʼ ἂν ταῦτα ὡμολόγει κεκομίσθαι, ἀλλὰ περὶ ἁπάντων ἂν τοὺς αὐτοὺς λόγους ἐποιεῖτο, καὶ περὶ πλειόνων τε χρημάτων Εὐθύνους ἂν ἐκινδύνευεν, καὶ ἅμα οὐκ ἂν εἶχεν οἷσπερ νυνὶ τεκμηρίοις χρῆσθαι.
For when he was receiving back the two talents, no one was present with him; so that if indeed he both wished and it seemed good to him to make a false accusation, it is clear that he would not even have admitted having recovered these, but would have made the same arguments about the whole sum, and Euthynus would have been in danger concerning more money, and at the same time he would not have had the very evidence which he now uses.
§20καὶ μὲν δὴ καὶ Νικίαν μὲν οὐδʼ ἂν εἷς δύναιτο ἀποδεῖξαι, διʼ ἥντινά διʼ ἥντινά ποτε αἰτίαν ἐνεκάλεσεν, Εὐθύνουν δὲ ῥᾴδιον γνῶναι, ὧν ἕνεκα τοῦτον τὸν τρόπον ἠδίκησεν.
And indeed, no one could point out for what reason Nicias brought his accusation, whereas it is easy to understand in Euthynus' case the reasons for which he did wrong in this manner.
ὅτε γὰρ Νικίας ἦν ἐν ταῖς συμφοραῖς, πάντες οἱ συγγενεῖς καὶ οἱ ἐπιτήδειοι ἀκηκοότες ἦσαν ὅτι τὸ ἀργύριον, ὃ ἦν αὐτῷ, τούτῳ παρακατέθετο.
For when Nicias was in his misfortunes, all his relatives and friends had heard that he had deposited the money which he had with this man.
§21ἐγίγνωσκεν οὖν Εὐθύνους, ὅτι μὲν ἔκειτο τὰ χρήματα παρʼ αὐτῷ, πολλοὺς ᾐσθημένους, ὁπόσα δὲ οὐδένα πεπυσμένον.
Euthynus therefore knew that many were aware that the money was deposited with him, but that no one had learned how much it was.
ὥσθʼ ἡγεῖτο ἀπὸ μὲν τοῦ ἀριθμοῦ ἀφαιρῶν οὐ γνωσθήσεσθαι, πάντα δʼ ἀποστερῶν καταφανὴς γενήσεσθαι.
Consequently, he believed that by subtracting from the total amount he would not be detected, whereas by withholding everything he would become manifest.
ἐβούλετο οὖν ἱκανὰ λαβὼν ἀπολογίαν ὑπολείπεσθαι μᾶλλον ἢ μηδὲν ἀποδοὺς μηδʼ ἀρνηθῆναι δύνασθαι.
He wished, therefore, by taking a sufficient amount, to leave himself a defense, rather than, by returning nothing, not even be able to deny it.