Kitap 1
15.27
As to oathsIn Attic legal procedure, the challenge ( πρόκλησις) to take an oath on the question at issue was one method of deciding it. One party offered the other something to swear by ( δίδωσι ὅρκον), this being the real meaning of ὅρκος, and the other party either accepted ( λαμβάνει, δέχεται) it or refused it. Both parties, of their own accord, might propose to take the oath. 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.
15.28
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.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.
