Page - 2205 - in The Complete Aristotle

one was right and the subsequent one fraudulent-whichever way suits us. Further, we must consider the question of utility, noting whether the contract is against the interest of the judges or not; and so on-these arguments are as obvious as the others. Examination by torture is one form of evidence, to which great weight is often attached because it is in a sense compulsory. Here again it is not hard to point out the available grounds for magnifying its value, if it happens to tell in our favour, and arguing that it is the only form of evidence that is infallible; or, on the other hand, for refuting it if it tells against us and for our opponent, when we may say what is true of torture of every kind alike, that people under its compulsion tell lies quite as often as they tell the truth, sometimes persistently refusing to tell the truth, sometimes recklessly making a false charge in order to be let off sooner. We ought to be able to quote cases, familiar to the judges, in which this sort of thing has actually happened. [We must say that evidence under torture is not trustworthy, the fact being that many men whether thick-witted, tough-skinned, or stout of heart endure their ordeal nobly, while cowards and timid men are full of boldness till they see the ordeal of these others: so that no trust can be placed in evidence under torture.] In regard to oaths, a fourfold division can be made. A man may either both offer and accept an oath, or neither, or one without the other-that is, he may offer an oath but not accept one, or accept an oath but not offer one. There is also the situation that arises when an oath has already been sworn either by himself or by his opponent. If you refuse to offer an oath, you may argue that men do not hesitate to perjure themselves; and that if your opponent does swear, you lose your money, whereas, if he does not, you think the judges will decide against him; and that the risk of an unfavourable verdict is prefer, able, since you trust the judges and do not trust him. If you refuse to accept an oath, you may argue that an oath is always paid for; that you would of course have taken it if you had been a rascal, since if you are a rascal you had better make something by it, and you would in that case have to swear in order to succeed. Thus your refusal, you argue, must be due to high principle, not to fear of perjury: and you may aptly quote the saying of Xenophanes, ‘Tis not fair that he who fears not God should challenge him who doth. It is as if a strong man were to challenge a weakling to strike, or be struck 2205