Aristotle, Rhetoric
J. H. Freese, Ed.

but if it is against us and in favor of our opponent, we can destroy its value by telling the truth about all kinds of torture generally; for those under compulsion are as likely to give false evidence as true, some being ready to endure everything rather than tell the truth, while others are equally ready to make false charges against others, in the hope of being sooner released from torture. It is also necessary to be able to quote actual examples of the kind with which the judges are acquainted. It may also be said that evidence given under torture is not true; for many thick-witted and thick-skinned persons, and those who are stout-hearted heroically hold out under sufferings, while the cowardly and cautious, before they see the sufferings before them, are bold enough; wherefore evidence from torture may be considered utterly untrustworthy.

[27] As to oaths¹ four divisions may be made; for either we tender an oath and accept it, or we do neither, or one without the other, and in the last case we either tender but do not accept, or accept but do not tender. Besides this, one may consider whether the oath has already been taken by us or by the other party. [28] If you do not tender the oath to the adversary, it is because men readily perjure themselves, and because, after he has taken the oath, he will refuse to repay the money, while, if he does not take the oath, you think that the dicasts will condemn him; and also because the risk incurred in leaving the decision to the dicasts is preferable, for you have confidence in them, but not in your adversary.² [29] If you refuse to take the oath yourself, you may argue that the oath is only taken with a view to money; that, if you had been a scoundrel, you would have taken it at once, for it is better to be a scoundrel for something than for nothing; that, if you take it, you will win your case, if not, you will probably lose it; consequently, your refusal to take it is due to moral excellence, not to fear of committing perjury. And the apophthegm of Xenophanes³ is apposite— that “it is unfair
for an impious man to challenge a pious one,” for it is the same as a strong man challenging a weak one to hit or be hit. [30] If you accept the oath, you may say that you have confidence in yourself, but not in your opponent, and, reversing the apophthegm of Xenophanes, that the only fair way is that the impious man should tender the oath and the pious man take it; and that it would be monstrous to refuse to take the oath yourself, while demanding that the judges should take it before giving their verdict. [31] But if you tender the oath, you may say that it is an act of piety to be willing to leave the matter to the gods; that your opponent has no need to look for other judges, for you allow him to make the decision himself; [32] and that it would be ridiculous that he should be unwilling to take an oath in cases where he demands that the dicasts should take one.

Now, since we have shown how we must deal with each case individually, it is clear how we must deal with them when taken two and two; for instance, if we wish to take the oath but not to tender it, to tender it but not to take it, to accept and tender it, or to do neither the one nor the other.