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Lysias · Against Philocrates §1-14

Prosecution of Philocrates for Embezzling Ergocles' Wealth

Passage 1 of 1 · Greek

Summary

In the trial of Philocrates for embezzling the illicit wealth of the executed Ergocles, the prosecutor presents evidence of the close relationship between them and demands a guilty verdict.

§1ὁ μὲν ἀγὼν οὗτος, ὦ ἄνδρες δικασταί, ἐρημότερος γεγένηται ἢ ἐγὼ προσεδόκων.
This trial, gentlemen of the jury, has become more deserted than I expected.
πολλοὶ γὰρ ἦσαν οἱ ἀπειλοῦντες καὶ οἱ φάσκοντες Φιλοκράτους κατηγορήσειν·
For there were many who threatened and asserted that they would accuse Philocrates, of whom not one now appears.
ὧν οὐδεὶς νυνὶ φαίνεται. ὃ κἀμοὶ δοκεῖ οὐδενὸς ἔλαττον εἶναι τεκμήριον τῆς ἀπογραφῆς ὅτι ἀληθὴς οὖσα τυγχάνει· εἰ γὰρ μὴ πολλὰ τῶν Ἐργοκλέους εἶχε χρημάτων, οὐκ ἂν οὕτως οἷός τʼ ἦν ἀπαλλάξαι τοὺς κατηγόρους.
This indeed seems to me to be no less a proof that the inventory is true; for if he did not hold many of Ergocles' riches, he would not have been able in this way to rid himself of his accusers.
§2ἐγὼ δέ, ὦ ἄνδρες δικασταί, πάντας ὑμᾶς ἡγοῦμαι εἰδέναι ὅτι Ἐργοκλέους διὰ τοῦτο ὑμεῖς θάνατον κατεχειροτονήσατε, ὅτι κακῶς διαθεὶς τὰ τῆς πόλεως πλέον ἢ τριάκοντα ταλάντων οὐσίαν ἐκτήσατο.
But I, gentlemen of the jury, believe you all know that you condemned Ergocles to death for this reason: because, having mismanaged the affairs of the city, he acquired a fortune of more than thirty talents.
καὶ τούτων τῶν χρημάτων οὐδὲν ἐν τῇ πόλει φαίνεται.
And of this money, none appears in the city.
καίτοι ποῖ χρὴ τραπέσθαι ἢ ποῦ ζητῆσαι τὰ χρήματα;
Yet where should one turn, or where should we search for the money?
εἰ γὰρ παρὰ τοῖς κηδεσταῖς καὶ οἷς ἐκεῖνος οἰκειότατʼ ἀνθρώπων ἐχρῆτο μὴ φανήσεται, χαλεπῶς παρὰ τοῖς ἐχθροῖς εὑρεθήσεται.
For if it does not appear among his relatives by marriage and those with whom he was on the most intimate terms, it will hardly be found among his enemies.
§3τίνα δὲ Ἐργοκλῆς περὶ πλείονος Φιλοκράτους ἐποιεῖτο, ἢ πρὸς τίνʼ ἀνθρώπων διέκειτο οἰκειότερον;
And whom did Ergocles value more than Philocrates, or with whom of men was he on more intimate terms?
οὐ τῶν μὲν ὑμετέρων ὁπλιτῶν αὐτὸν ἐξήγαγε, τῶν δʼ αὑτοῦ χρημάτων ταμίαν ἐποίησε, καὶ τὸ τελευταῖον τριήραρχον αὐτὸν κατέστησε;
Did he not lead him out from among your hoplites, make him the treasurer of his own funds, and finally appoint him trierarch?
§4καίτοι δεινὸν εἰ οἱ μὲν τὰς οὐσίας ἔχοντες ὀλοφύρονται τριηραρχοῦντες, οὗτος δὲ οὐδὲν πρότερον κεκτημένος ἐν ἐκείνῳ τῷ χρόνῳ ἐθελοντὴς ὑπέστη ταύτην τὴν λῃτουργίαν.
Indeed, it is strange if those who possess fortunes lament when serving as trierarchs, while this man, who previously acquired nothing, voluntarily undertook this liturgy at that time.
οὐκοῦν δὴ οὐχ ὡς ζημιωθησόμενον αὐτὸν τριήραρχον κατέστησεν, ἀλλʼ ὡς ὠφεληθησόμενον καὶ φυλάξοντα τὰ αὑτοῦ χρήματα, οὐκ ἔχων ὅτῳ χρὴ μᾶλλον τούτου πιστεῦσαι.
Clearly, therefore, he did not appoint him trierarch to be penalized, but to be benefited and to guard his own money, since he had no one whom he should trust more than him.
ἡγοῦμαι δέ, §5ὦ ἄνδρες δικασταί, Φιλοκράτει δύο εἶναι καὶ μόνας ἀπολογίας·
And I believe, gentlemen of the jury, that Philocrates has only two defenses, and no more.
προσήκειν γὰρ αὐτῷ ἀποδεῖξαι ἢ ἑτέρους ἔχοντας τὰ Ἐργοκλέους χρήματα, ἢ ἀδίκως ἀπολωλότα ἐκεῖνον καὶ οὐδὲν ὑφῃρημένον τῶν ὑμετέρων οὐδὲ δεδωροδοκηκότα·
For it is proper for him to show either that others hold the money of Ergocles, or that Ergocles was unjustly executed, having neither embezzled any of your property nor taken bribes.
εἰ δὲ τούτων μηδέτερον ποιήσει, δεδόχθαι καταψηφίζεσθαι, καὶ μὴ τοῖς μὲν παρὰ τῶν ἄλλων λαμβάνουσιν ὀργίζεσθαι, τοῖς δὲ τὰ ὑμέτερʼ αὐτῶν ἔχουσι συγγνώμην ἔχειν.
If he does neither of these, it must be resolved to vote for his condemnation, and not to be angry with those who take bribes from others while showing indulgence to those who hold your own property.
§6τίς δʼ οὐκ οἶδεν Ἀθηναίων τρία τάλαντα περὶ Ἐργοκλέους μεσεγγυηθέντα τοῖς λέγουσιν, εἰ δύναιντο αὐτὸν σῶσαι;
And who of the Athenians does not know that three talents were deposited as security for Ergocles to those who would speak, if they could save him?
οἳ ἐπειδὴ ἑώρων τὴν ὑμετέραν ὀργὴν τιμωρεῖσθαι βουλομένην, ἡσυχίαν ἦγον καὶ οὐκ ἐτόλμων σφᾶς αὐτοὺς φανεροὺς ποιῆσαι.
When they saw your anger wishing to punish him, they kept quiet and did not dare to make themselves public.
καὶ τὸ μὲν πρῶτον οὗτος οὐ κομιζόμενος παρʼ αὐτῶν τὰ χρήματα μηνύσειν ἔφη τῇ πόλει·
And at first this man, not recovering the money from them, said he would denounce it to the city.
§7ἐπειδὴ δὲ καὶ ταῦτα ἀπείληφε καὶ τῶν ἄλλων τῶν ἐκείνου κύριος γεγένηται, εἰς τοῦτο τόλμης ἐλήλυθεν, ὥστε μάρτυρας πεπόρισται οἳ μαρτυρήσουσιν αὐτῷ ὡς ἦν ἔχθιστος ἁπάντων ἀνθρώπων Ἐργοκλεῖ.
But since he has both recovered this money and become master of the rest of his property, he has arrived at such a pitch of daring that he has provided witnesses who will testify for him that he was the most hostile of all men to Ergocles.
καίτοι οἴεσθʼ ἂν αὐτόν, ὦ ἄνδρες δικασταί, εἰς τοῦτο μανίας ἀφικέσθαι, ὥστε Θρασυβούλου στρατηγοῦντος καὶ Ἐργοκλέους αὐτῷ διαφερομένου ἐθελοντὴν ὑποστῆναι τριήραρχον;
And yet, gentlemen of the jury, do you think he would have reached such a pitch of madness that, with Thrasybulus commanding as general and Ergocles at variance with him, he would have voluntarily undertaken to be trierarch?
πῶς γὰρ ἂν θᾶττον ἀπώλετο, ἢ πῶς ἂν μᾶλλον ἐπηρεάζετο;
For how could he have perished more quickly, or how could he have been more harassed?
§8περὶ μὲν οὖν τούτων ἱκανὰ τὰ εἰρημένα·
Concerning these matters, then, enough has been said.
ἐγὼ δʼ ὑμᾶς ἀξιῶ ὑμῖν αὐτοῖς βοηθῆσαι, καὶ πολὺ μᾶλλον τοὺς ἀδικοῦντας τιμωρεῖσθαι ἢ τοὺς τὰ τῆς πόλεως ἔχοντας ἐλεινοὺς ἡγεῖσθαι.
But I demand that you help yourselves, and much rather punish those who do wrong than think those who possess the city's property are deserving of pity.
οὐδὲν γὰρ τῶν αὑτοῦ καταθήσει, ἀλλὰ τὰ ὑμέτερα ὑμῖν αὐτοῖς ἀποδώσει, καὶ πολλῷ πλείω αὐτῷ τούτων περιέσται.
For he will not lay down any of his own goods, but will restore your own to you, and far more than this will remain to him.
§9καὶ γὰρ ἂν καὶ δεινὸν εἴη, ὦ ἄνδρες δικασταί, εἰ τοῖς μὲν μὴ δυναμένοις τὰ σφέτερʼ αὐτῶν εἰσφέρειν ὀργίζοισθε καὶ τὰς οὐσίας αὐτῶν ὡς ἀδικούντων δημεύοιτε, τοὺς δὲ τὰ ὑμέτερα αὐτῶν ἔχοντας μὴ τιμωροῖσθε, ἀλλὰ τῶν τε χρημάτων ἀποστεροῖσθε καὶ τούτους χαλεπωτέρους ἐχθροὺς ἔχοιτε.
For indeed it would be strange, gentlemen of the jury, if you should be angry with those who are unable to contribute their own property and confiscate their estates as wrongdoers, while you do not punish those who hold your own property, but allow yourselves to be deprived of your money and have these men as more dangerous enemies.
§10ἕως γὰρ ἂν τὰ ὑμέτερα ἔχοντες σφίσιν αὐτοῖς συνειδῶσιν, οὐδέποτε ὑμῖν παύσονται κακονοοῦντες, νομίζοντες τὰς τῆς πόλεως δυστυχίας μόνας ἀπαλλαγὴν εἶναι τῶν πρὸς αὐτοὺς πραγμάτων.
For as long as they are conscious that they hold your property, they will never cease to be ill-disposed toward you, believing that the misfortunes of the city are the only release from the troubles facing them.
§11ἡγοῦμαι δʼ, ὦ ἄνδρες δικασταί, οὐ μόνον περὶ χρημάτων αὐτῷ προσήκειν ἀγωνίζεσθαι, ἀλλὰ καὶ περὶ τοῦ σώματος κινδυνεύειν.
And I believe, gentlemen of the jury, that it is proper for him not only to contend about money, but also to risk his person.
καὶ γὰρ ἂν καὶ δεινὸν εἴη, εἰ οἱ μὲν τὰ τῶν ἰδιωτῶν ἀπολλύμενα τοῖς κλέπταις συνειδότες τοῖς αὐτοῖς ἐνέχοιντο, οὗτος δὲ τὰ τῆς πόλεως Ἐργοκλεῖ συνειδὼς κλέπτοντι καὶ ἐπὶ τοῖς ὑμετέροις δωροδοκοῦντι μὴ τῆς αὐτῆς τιμωρίας τυγχάνοι, ἀλλὰ ἆθλα λάβοι τὴν ὑπʼ ἐκείνου καταλειφθεῖσαν οὐσίαν ἀντὶ τῆς αὑτοῦ πονηρίας. ἄξιοι δʼ ὑμῖν εἰσιν ὀργῆς, ὦ ἄνδρες δικασταί.
For indeed it would be strange if those who are conscious of the loss of private citizens' property together with the thieves should be subject to the same penalties, while this man, conscious that Ergocles was stealing the city's property and taking bribes at your expense, should not meet with the same punishment, but should receive as a prize the estate left by him instead of punishment for his own wickedness. And they are worthy of your anger, gentlemen of the jury.
§12οὗτοι γάρ, ὅτε Ἐργοκλῆς ἐκρίνετο, ἐν τῷ δήμῳ περιιόντες ἔλεγον ὡς πεντακόσιοι μὲν αὐτοῖς εἴησαν ἐκ τοῦ Πειραιῶς δεδεκασμένοι, ἑξακόσιοι δὲ καὶ χίλιοι ἐκ τοῦ ἄστεως· μᾶλλον δὲ προσεποιοῦντο πιστεύειν τοῖς χρήμασιν ἢ δεδιέναι τὰ αὑτῶν ἁμαρτήματα.
For these men, when Ergocles was being tried, went about among the people saying that five hundred from the Peiraeus had been bribed by them, and sixteen hundred from the city; and they pretended to trust in money rather than fear their own offenses.
§13ἐκεῖ μὲν οὖν ἐπεδείξατε αὐτοῖς, ἐὰν δὲ εὖ φρονῆτε, καὶ νυνὶ τοῦτο φανερὸν πᾶσιν ἀνθρώποις ποιήσετε, ὅτι οὐκ ἔστι τοσαῦτα χρήματα ἃ ὑμᾶς, οὓς ἂν λαμβάνητε ἀδικοῦντας, ἀποτρέψει τιμωρεῖσθαι, καὶ μηδεμίαν αὐτοῖς ἄδειαν δώσετε τὰ ὑμέτερα αὐτῶν διαρπάζουσι καὶ κλέπτουσιν.
In that trial, therefore, you showed them, and if you are wise, now also you will make this clear to all men: that there is no amount of money so great as to deter you from punishing those whom you catch doing wrong, and you will grant them no impunity while they plunder and steal your own property.
§14ἐγὼ μὲν οὖν ταῦτα ὑμῖν παραινῶ.
I, then, advise you thus.
πάντες γὰρ ἐπίστασθε ὅτι Ἐργοκλῆς χρηματιούμενος ἀλλʼ οὐ πρὸς ὑμᾶς φιλοτιμησόμενος ἐξέπλευσε, καὶ οὐδεὶς ἄλλος ἔχει τὰ χρήματα ἢ οὗτος.
For you all know that Ergocles sailed out to enrich himself and not to win honor with you, and that no one else has the money but this man.
ἐὰν οὖν σωφρονῆτε, τὰ ὑμέτερʼ αὐτῶν κομιεῖσθε.
If, therefore, you are wise, you will recover your own property.

Notes

  1. §1ὃ κἀμοὶ δοκεῖ — The relative pronoun `ὅ` (neuter nominative) takes the entire preceding fact (that none of those who threatened to accuse have appeared) as its antecedent, standing in apposition to the following `τεκμήριον` (proof).
  2. §2Ἐργοκλέους ... θάνατον κατεχειροτονήσατε — The verb `καταχειροτονέω` (to vote to condemn) governs the person condemned in the genitive case (`Ἐργοκλέους`) and the penalty pronounced in the accusative case (`θάνατον`).
  3. §4ὅτῳ χρὴ μᾶλλον τούτου πιστεῦσαι — The antecedent of the dative relative pronoun `ὅτῳ` (governed by `πιστεύω`) is omitted. The genitive pronoun `τούτου` functions as a genitive of comparison with the comparative adverb `μᾶλλον` ("anyone whom he should trust more than him").
  4. §5δεδόχθαι — The perfect passive infinitive `δεδόχθαι` depends on the main verb `ἡγοῦμαι` (from §4), but expresses a strong legal resolution or decree ("it should stand resolved").
  5. §7οἴεσθʼ ἂν αὐτόν ... ἀφικέσθαι — The particle `ἂν` is associated with the infinitive `ἀφικέσθαι`, representing an unreal past condition ("that he would have arrived") dependent on the main verb of thinking `οἴεσθε` ("do you think?").

Cite this passage

Lysias, Against Philocrates §1-14. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0540.tlg029.humanitext-grc2:1-14

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