Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
“If a man weave a spell and put a ban upon a man, and has not
justified himself, he that wove the spell upon him shall be put
to death.”[3]
And the same code provided that the man against whom the spell was woven,
should plunge into the “holy river” and if the river overcame him, his
house should go to the weaver of the spell, but if the river made the man
innocent, he should take the house of the sorcerer and he was to be put
to death.[4]
According to the photogravure of the blocks of diorite, upon which these
most antique laws were written, therefore, when King Hammurabi, received
his law direct from the seated sun-god, Samas,—the judge of heaven and
earth—the old delusion of witchcraft and sorcery obtained. So prevalent
was the offense, according to the delusion then obtaining, that the very
first sections of the code were directed at this crime, established to
the satisfaction of the judges of that period, by the test of a plunge
into the “holy river,” in the absence of more direct proof of the
existence of the offense which existed only in the imaginations of the
superstitious inhabitants of that misty age.
During the time of Moses, we find that many imposters insulted the
intelligence of the Supreme Being, by claiming to have received delegated
powers from on high and hence Moses provided in his law that “Thou shalt
not suffer a witch to live.” The long persecution of persons convicted
of witchcraft, by a misinterpretation of this text, was thus justified
by this Biblical injunction and many conscientious men and women, in
their inability to understand the science of common things, attributed
appearances which they could not explain, to supernatural agencies and
blindly believing in this Mosaic law, proceeded to violate the highest
laws of God and man, in the fanaticism that a Divine injunction was
being obeyed, in the punishment of those convicted of witchcraft and
sorcery.[5]
The Twelve Tables of the early Romans contained penal provisions against
one who should bewitch the fruits of the earth or conjure away his
neighbors’ corn, into his own field,[6] and a century and a half after
the adoption of the Twelve Tables, one hundred and seventy Roman women
were tried and convicted of poisoning, under the pretense of charms and
incantations, which led to new laws against such supposed practices.
As the Mosaic law against witchcraft was formerly interpreted, to mean
the punishment by death of witches who did positive injury to another in
his person or property, so the Roman laws were directed against those
supposed to have done positive injury to a person, in his property or to
have hurt him, physically.
Public-domain text, read in full here on John Shaqi.
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