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Lysias · Against Diogeiton §21-29

Proof of Diogeiton's Fraudulent Charges and Embezzlement

Passage 3 of 3 · Greek

Summary

The speaker exposes Diogeiton's fraudulent accounting, revealing how he overcharged the orphans for their father's tomb, festivals, and a joint trierarchy. He argues that Diogeiton legally could have leased out the estate or bought land to secure their wealth, but instead chose to embezzle it, and presents a generous calculation of their living expenses to show that a substantial surplus must still remain.

§21εἰς δὲ τὸ μνῆμα τοῦ πατρὸς οὐκ ἀναλώσας πέντε καὶ εἴκοσι μνᾶς ἐκ πεντακισχιλίων δραχμῶν, τὸ μὲν ἥμισυ αὑτῷ τίθησι, τὸ δὲ τούτοις λελόγισται.
He did not spend even twenty-five minae out of five thousand drachmae on their father's tomb, yet he charged half of this to himself and the other half has been debited to these children.
εἰς Διονύσια τοίνυν, ὦ ἄνδρες δικασταί, (οὐκ ἄτοπον γάρ μοι δοκεῖ καὶ περὶ τούτου μνησθῆναι) ἑκκαίδεκα δραχμῶν ἀπέφηνεν ἐωνημένον ἀρνίον, καὶ τούτων τὰς ὀκτὼ δραχμὰς ἐλογίζετο τοῖς παισίν· ἐφʼ ᾧ ἡμεῖς οὐχ ἥκιστα ὠργίσθημεν.
Then for the Dionysia, gentlemen of the jury—for it seems to me not out of place to mention this too—he declared he had bought a lamb for sixteen drachmae, and charged eight of these drachmae to the children; at which we were not least of all incensed.
οὕτως, ὦ ἄνδρες, ἐν ταῖς μεγάλαις ζημίαις ἐνίοτε οὐχ ἧττον τὰ μικρὰ λυπεῖ τοὺς ἀδικουμένους· λίαν γὰρ φανερὰν τὴν πονηρίαν τῶν ἀδικούντων ἐπιδείκνυσιν.
Thus, gentlemen, in the midst of great losses, sometimes small things grieve the injured no less; for they show too clearly the wickedness of the wrongdoers.
§22εἰς τοίνυν τὰς ἄλλας ἑορτὰς καὶ θυσίας ἐλογίσατο αὐτοῖς πλεῖν ἢ τετρακισχιλίας δραχμὰς ἀνηλωμένας, ἕτερά τε παμπληθῆ, ἃ πρὸς τὸ κεφάλαιον συνελογίζετο, ὥσπερ διὰ τοῦτο ἐπίτροπος τῶν παιδίων καταλειφθείς, ἵνα γράμματα αὐτοῖς ἀντὶ τῶν χρημάτων ἀποδείξειεν καὶ πενεστάτους ἀντὶ πλουσίων ἀποφήνειε, καὶ ἵνα, εἰ μέν τις αὐτοῖς πατρικὸς ἐχθρὸς ἦν, ἐκείνου μὲν ἐπιλάθωνται, τῷ δʼ ἐπιτρόπῳ τῶν πατρῴων ἀπεστερημένοι πολεμῶσι.
Then for the other festivals and sacrifices, he charged them with a expenditure of more than four thousand drachmae, and countless other items, which he added to the sum total, as if he had been left as guardian of the children for this purpose: to show them accounts instead of money and to render them poorest instead of rich, and so that, if they had any hereditary enemy, they might forget him and instead wage war against their guardian, who has deprived them of their paternal property.
καίτοι εἰ ἐβούλετο δίκαιος εἶναι περὶ τοὺς παῖδας, §23ἐξῆν αὐτῷ κατὰ τοὺς νόμους, οἳ κεῖνται περὶ τῶν ὀρφανῶν καὶ τοῖς ἀδυνάτοις τῶν ἐπιτρόπων καὶ τοῖς δυναμένοις, μισθῶσαι τὸν οἶκον ἀπηλλαγμένον πολλῶν πραγμάτων, ἢ γῆν πριάμενον ἐκ τῶν προσιόντων τοὺς παῖδας τρέφειν· καὶ ὁπότερα τούτων ἐποίησεν, οὐδενὸς ἂν ἧττον Ἀθηναίων πλούσιοι ἦσαν.
And yet, if he wished to be just toward the children, he could have, according to the laws concerning orphans which apply to both weak and powerful guardians, leased out the estate and been free of many troubles, or bought land and supported the children from the revenues; and whichever of these he had done, they would have been as rich as any of the Athenians.
νῦν δέ μοι δοκεῖ οὐδεπώποτε διανοηθῆναι ὡς φανερὰν καταστήσων τὴν οὐσίαν, ἀλλʼ ὡς αὐτὸς ἕξων τὰ τούτων, ἡγούμενος δεῖν τὴν αὑτοῦ πονηρίαν κληρονόμον εἶναι τῶν τοῦ τεθνεῶτος χρημάτων.
But now, it seems to me that he never once intended to make the property visible, but rather to keep their possessions for himself, believing that his own wickedness ought to be the heir of the deceased's money.
§24ὃ δὲ πάντων δεινότατον, ὦ ἄνδρες δικασταί· οὗτος γὰρ συντριηραρχῶν Ἀλέξιδι τῷ Ἀριστοδίκου, φάσκων δυοῖν δεούσας πεντήκοντα μνᾶς ἐκείνῳ συμβαλέσθαι, τὸ ἥμισυ τούτοις ὀρφανοῖς οὖσι λελόγισται, οὓς ἡ πόλις οὐ μόνον παῖδας ὄντας ἀτελεῖς ἐποίησεν, ἀλλὰ καὶ ἐπειδὰν δοκιμασθῶσιν ἐνιαυτὸν ἀφῆκεν ἁπασῶν τῶν λῃτουργιῶν.
And what is most terrible of all, gentlemen of the jury: this man, serving as joint trierarch with Alexis the son of Aristodicus, claiming to have contributed forty-eight minae (fifty minae lacking two) to him, has debited half of this to these orphans, whom the city not only exempted from duties while they were children, but also excused from all liturgies for a year after they have passed their scrutiny.
οὗτος δὲ πάππος ὢν παρὰ τοὺς νόμους τῆς ἑαυτοῦ τριηραρχίας παρὰ τῶν θυγατριδῶν τὸ ἥμισυ πράττεται.
But he, being their grandfather, contrary to the laws, exacts half of his own trierarchy from his grandsons.
§25καὶ ἀποπέμψας εἰς τὸν Ἀδρίαν ὁλκάδα δυοῖν ταλάντοιν, ὅτε μὲν ἀπέστελλεν, ἔλεγε πρὸς τὴν μητέρα αὐτῶν ὅτι τῶν παίδων ὁ κίνδυνος εἴη, ἐπειδὴ δὲ ἐσώθη καὶ ἐδιπλασίασεν, αὑτοῦ τὴν ἐμπορίαν ἔφασκεν εἶναι.
And having sent a merchant ship of two talents' value to the Adriatic, when he was dispatching it, he told their mother that the risk belonged to the children, but when it was saved and doubled its value, he said the venture was his own.
καίτοι εἰ μὲν τὰς ζημίας τούτων ἀποδείξει, τὰ δὲ σωθέντα τῶν χρημάτων αὐτὸς ἕξει, ὅποι μὲν ἀνήλωται τὰ χρήματα, οὐ χαλεπῶς εἰς τὸν λόγον ἐγγράψει, ῥᾳδίως δὲ ἐκ τῶν ἀλλοτρίων αὐτὸς πλουτήσει.
And yet, if he is to charge them with the losses, but keep the saved money for himself, he will have no difficulty in entering in the ledger where the money was spent, and will easily enrich himself from other people's property.
§26καθʼ ἕκαστον μὲν οὖν, ὦ ἄνδρες δικασταί, πολὺ ἂν ἔργον εἴη πρὸς ὑμᾶς λογίζεσθαι· ἐπειδὴ δὲ μόλις παρʼ αὐτοῦ παρέλαβον τὰ γράμματα, μάρτυρας ἔχων ἠρώτων Ἀριστόδικον τὸν ἀδελφὸν τὸν Ἀλέξιδος (αὐτὸς γὰρ ἐτύγχανε τετελευτηκώς), εἰ ὁ λόγος αὐτῷ εἴη ὁ τῆς τριηραρχίας·
To reckon each item, gentlemen of the jury, would be a long task for you; but when I finally received the papers from him, I asked Aristodicus, the brother of Alexis (for Alexis himself happened to have died), in the presence of witnesses, if he had the ledger of the trierarchy.
ὁ δὲ ἔφασκεν εἶναι, καὶ ἐλθόντες οἴκαδε ηὕρομεν Διογείτονα τέτταρας καὶ εἴκοσι μνᾶς ἐκείνῳ συμβεβλημένον εἰς τὴν τριηραρχίαν.
And he said he had, and going to his house we found that Diogeiton had contributed twenty-four minae to him for the trierarchy.
§27οὗτος δὲ ἀπέδειξε δυοῖν δεούσας πεντήκοντα μνᾶς ἀνηλωκέναι, ὥστε τούτοις λελογίσθαι ὅσονπερ ὅλον τὸ ἀνάλωμα αὐτῷ γεγένηται.
Yet this man declared that he had spent forty-eight minae, so that he had debited to these children as much as the whole expenditure had been for himself.
καίτοι τί αὐτὸν οἴεσθε πεποιηκέναι περὶ ὧν οὐδεὶς αὐτῷ σύνοιδεν ἀλλʼ αὐτὸς μόνος διεχείριζεν, ὃς ἃ διʼ ἑτέρων ἐπράχθη καὶ οὐ χαλεπὸν ἦν περὶ τούτων πυθέσθαι, ἐτόλμησε ψευσάμενος τέτταρσι καὶ εἴκοσι μναῖς τοὺς αὑτοῦ θυγατριδοῦς ζημιῶσαι;
And yet, what do you think he has done in matters which no one else knew of but which he alone managed, when in those things done through others, which were not difficult to find out, he dared to lie and defraud his own grandsons of twenty-four minae?
καί μοι ἀνάβητε τούτων μάρτυρες.
Step up, witnesses of these facts, for me.
§28Μάρτυρες τῶν μὲν μαρτύρων ἀκηκόατε, ὦ ἄνδρες δικασταί· ἐγὼ δʼ ὅσα τελευτῶν ὡμολόγησεν ἔχειν αὐτὸς χρήματα, ἑπτὰ τάλαντα καὶ τετταράκοντα μνᾶς, ἐκ τούτων αὐτῷ λογιοῦμαι, πρόσοδον μὲν οὐδεμίαν ἀποφαίνων, ἀπὸ δὲ τῶν ὑπαρχόντων ἀναλίσκων, καὶ θήσω ὅσον οὐδεὶς πώποτʼ ἐν τῇ πόλει, εἰς δύο παῖδας καὶ ἀδελφὴν καὶ παιδαγωγὸν καὶ θεράπαιναν χιλίας δραχμὰς ἑκάστου ἐνιαυτοῦ,
Witnesses You have heard the witnesses, gentlemen of the jury; and as for the money which he finally admitted to having, seven talents and forty minae, I will calculate for him on this basis, showing no income, but spending from the capital, and I will set—at a higher rate than anyone ever did in this city—for two children, a sister, a tutor, and a maidservant, one thousand drachmae each year, which is a little less than three drachmae a day.
§29μικρῷ ἔλαττον ἢ τρεῖς δραχμὰς τῆς ἡμέρας· ἐν ὀκτὼ αὗται ἔτεσι γίγνονται ὀκτακισχίλιαι δραχμαί, καὶ ἀποδείκνυται ἓξ τάλαντα περιόντα καὶ εἴκοσι μναῖ.
In eight years this amounts to eight thousand drachmae, and there is shown to be a surplus of six talents and twenty minae.
οὐ γὰρ ἂν δύναιτο ἀποδεῖξαι οὔθʼ ὑπὸ λῃστῶν ἀπολωλεκὼς οὔτε ζημίαν εἰληφὼς οὔτε χρήσταις ἀποδεδωκώς.
For he would not be able to prove that he has lost it to pirates, or suffered a loss, or paid it back to creditors.

Notes

  1. §21πέντε καὶ εἴκοσι μνᾶς ἐκ πεντακισχιλίων δραχμῶν — 'out of five thousand drachmae (= fifty minae), having spent not even twenty-five minae'. Diogeiton claimed a total expense of fifty minae, assigning half (twenty-five minae) to himself and the other half to the orphans. The participle ἀναλώσας with the negative οὐκ functions concessively, meaning 'although he had not spent'.
  2. §23μισθῶσαι τὸν οἶκον — 'to lease out the estate'. Here οἶκος refers not merely to a physical house but to the 'entire estate' consisting of property, slaves, and capital. Under Athenian law, a guardian could lease out an orphan's entire estate as a unit (místhōsis oíkou) to a third party to secure a steady income, rather than managing it directly.
  3. §24δυοῖν δεούσας πεντήκοντα μνᾶς — 'forty-eight minae (fifty minae lacking two)'. An idiomatic expression used to indicate a number by subtracting from a round figure. The present participle δεούσας (from dēo, 'to lack') governs the genitive δυοῖν and agrees in case, gender, and number with the accusative feminine plural πεντήκοντα μνᾶς.
  4. §25ὅτι τῶν παίδων ὁ κίνδυνος εἴη — 'that the risk belonged to the children'. In the ὅτι clause dependent on the past main verb ἔλεγε, the optative εἴη is used as an oblique optative (optativus obliquus) representing an original indicative. The genitive τῶν παίδων indicates possession or assignment ('belonged to the children').
  5. §28θήσω — 'I will set/suppose'. The verb títhēmi (here in the future tense thḗsō) is used in the sense of 'to assume, postulate, or set' for the sake of calculation or argument. The speaker deliberately sets a remarkably high rate of maintenance (one thousand drachmae per year) to emphasize Diogeiton's embezzlement.

Cite this passage

Lysias, Against Diogeiton §21-29. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0540.tlg032.humanitext-grc2:21-29

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