118. The Juryman’s Oath.—The dicasts are assumed to approach their duty with all due solemnity. They have sworn to vote according to the laws of Athens, never to vote for a repudiation of debts, nor to restore political exiles, nor to receive bribes for their votes, nor take bribes in another’s behalf, nor let anybody even tempt them with such proffers. They are to hear both sides impartially and vote strictly according to the merits of the case: and the oath winds up awfully—“Thus do I invoke Zeus, Poseidon, and Demeter to smite with destruction me and my house if I violate any of these obligations, but if I keep them I pray for many blessings.”[*] [*] We have not the exact text of all the dicasts’ oath, but we can reproduce it fairly completely from Demosthenes’s _Oration against Timocrates_. 119. Opening the Trial. The Plaintiff’s Speech.—The oath is admirable, but the dicasts are not in a wholly juridical state of mind. Just before the short sacrifice needful to commence proceedings, takes place, old Zenosthenes on the second row nudges his neighbor: “I don’t like the looks of that Lamachus. I shall vote against him.” “And I—my wife knows his wife, and—” The archon rises. The crier bids, “Silence!” The proceedings begin: but all through the hearing there is whispering and nudging along the jurors’ benches. The litigants are quite aware of the situation and are trying their best to win some advantage therefrom. Ariston is the first to speak. He has taken great pains with the folds of his himation and the trim of his beard this morning. He must be thoroughly genteel, but avoid all appearances of being a dandy. In theory every man has to plead his own case in Athens, but not every man is an equally good orator. If a litigant is very inept, he can simply say a few words, then step aside with “My friend so-and-so will continue my argument”; and a readier talker will take his place.[*] Ariston, however, is a fairly clever speaker. Having what he conceives a good case, he has obtained the indirect services of Hypereides, one of the first of the younger orators of Athens. Hypereides has written a speech which he thinks is suitable to the occasion, Ariston has memorized it, and delivers it with considerable gusto. He has solid evidence, as is proved from time to time when he stops to call, “Let the clerk read the testimony of this or that.” There often is a certain hum of approbation from the dicasts when he makes his points. He continues bravely, therefore, ever and anon casting an eye upon the _clepsydra_ near at hand, a huge water-clock which, something like an hour glass, marks off the time allotted him. Some of his arguments seem to have nothing to do with the alleged embezzlement. He vilifies his opponent: calls Lamachus’s mother coarse names, intimates that as a boy he had no decent schooling, charges him with cowardice in the recent Mantinea campaign in which he served, hints that he has quarreled with his relatives.