On The Estate of Ciron

Wishing, therefore, in addition to the witnesses which I already had, to obtain proof of these facts by evidence given under torture[*](Slaves could give evidence only under torture.)—in order that the veracity of my witnesses might be tested before, and not after, they gave their evidence, and so your belief in them might be confirmed[*](If the slaves confirmed the evidence of his witnesses, the latter would come forward to give evidence in court with a presumption already established that the evidence which they were going to give was true.)—I demanded that our opponents should surrender the male and female slaves to be put to the question on these points and any others of which they had cognizance.

My adversary, however, who will presently demand that you shall believe his witnesses, refused the examination under torture. Yet, if he shall be shown to have refused my request, what remains to be thought of his witnesses except that they are giving false evidence, since he has refused so decisive a method of testing them? In my opinion no other conclusion is possible. But to prove that what am saying is true, please first take and read this deposition.

Deposition

You Athenians hold the opinion that both in public and in private matters examination under torture is the most searching test; and so, when you have slaves and free men before you and it is necessary that some contested point should be cleared up, you do not employ the evidence of free men but seek to establish the truth about the facts by putting the slaves to torture. This is a perfectly reasonable course; for you are well aware that before now witnesses have appeared not to be giving true evidence, whereas no one who has been examined under torture has ever been convicted of giving false evidence as the result of being tortured.

And will my opponent, the most impudent of men, demand that you shall believe his fictitious stories and lying witnesses, while he thus declines so sure a method of proof? Our conduct has been quite different. Seeing that we first demanded that recourse should be had to examination under torture on the points about which evidence was to be given, and my opponent refuses to allow this, under these conditions we shall consider that you ought to believe our witnesses. Take, therefore, these depositions and read them to the court.

Depositions

Who are likely to be best acquainted with the events of the distant past? Obviously those who were intimate with my grandfather; they, then, have given evidence of what was told them. Who must necessarily know the facts about the giving of my mother in marriage? Those who betrothed her and those who were present when they betrothed her; the relatives, then, of Nausimenes and of my father have given their evidence. Who know best that my mother was brought up in Ciron's house and was his legitimate daughter? The present claimants clearly give evidence of the truth of these facts by their action in declining to put the slaves to torture. Thus, I think, you have much better reason for disbelieving their witnesses than mine.