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[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.1
1 There are three reasons for not tendering the oath: （1） men are always ready to perjure themselves, if they are likely to benefit by doing so; （2） if your adversary takes the oath, he will decline to pay, trusting that he will be acquitted, whereas, if he is not on his oath, he will probably be condemned; （3） there is less risk in leaving the decision to the dicasts, who can be trusted.
Aristotle in 23 Volumes, Vol. 22, translated by J. H. Freese. Aristotle. Cambridge and London. Harvard University Press; William Heinemann Ltd. 1926.
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