Seite - 2203 - in The Complete Aristotle

As to witnesses, they are of two kinds, the ancient and the recent; and these latter, again, either do or do not share in the risks of the trial. By ‘ancient’ witnesses I mean the poets and all other notable persons whose judgements are known to all. Thus the Athenians appealed to Homer as a witness about Salamis; and the men of Tenedos not long ago appealed to Periander of Corinth in their dispute with the people of Sigeum; and Cleophon supported his accusation of Critias by quoting the elegiac verse of Solon, maintaining that discipline had long been slack in the family of Critias, or Solon would never have written, Pray thee, bid the red-haired Critias do what his father commands him. These witnesses are concerned with past events. As to future events we shall also appeal to soothsayers: thus Themistocles quoted the oracle about ‘the wooden wall’ as a reason for engaging the enemy’s fleet. Further, proverbs are, as has been said, one form of evidence. Thus if you are urging somebody not to make a friend of an old man, you will appeal to the proverb, Never show an old man kindness. Or if you are urging that he who has made away with fathers should also make away with their sons, quote, Fool, who slayeth the father and leaveth his sons to avenge him. ‘Recent’ witnesses are well-known people who have expressed their opinions about some disputed matter: such opinions will be useful support for subsequent disputants on the same oints: thus Eubulus used in the law-courts against the reply Plato had made to Archibius, ‘It has become the regular custom in this country to admit that one is a scoundrel’. There are also those witnesses who share the risk of punishment if their evidence is pronounced false. These are valid witnesses to the fact that an action was or was not done, that something is or is not the case; they are not valid witnesses to the quality of an action, to its being just or unjust, useful or harmful. On such questions of quality the opinion of detached persons is highly trustworthy. Most trustworthy of all are the ‘ancient’ witnesses, since they cannot be corrupted. In dealing with the evidence of witnesses, the following are useful arguments. If you have no witnesses on your side, you will argue that the judges must decide from what is probable; that this is meant by ‘giving a verdict in accordance with one’s honest opinion’; that probabilities cannot be bribed to mislead the court; and that probabilities are never convicted of 2203