Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
God.[32] Continued contact with the remains of Roman civilization
strengthened the custom, and its development was to a great extent
due to the revival of the study of the imperial jurisprudence in the
twelfth century.[33] The primitive principle is well expressed in the
Frisian code, where the pleader says, “I swear alone, if thou darest,
deny my oath and fight me,”[34] where the oath is only the preliminary
to proof by the judgment of God.
The exceptions to this in the early legislation of the barbarians
are merely special immunities bestowed on rank. Thus in one of the
most primitive of the Anglo-Saxon codes, which dates from the seventh
century, the king and the bishop are permitted to rebut an accusation
with their simple asseveration, and the thane and the mass-priest with
a simple oath, while the great body both of clerks and laymen are
forced to clear themselves by undergoing the regular form of canonical
compurgation which will be hereafter described.[35] So, in the Welsh
legislation, exemption from the oath of absolution was accorded to
bishops, lords, the deaf, the dumb, men of a different language, and
pregnant women.[36] Instances of class-privileges such as these may be
traced throughout the whole period of the dark ages, and prove nothing
except the advantages claimed and enjoyed by caste. Thus, by the law of
Southern Germany, the unsupported oath of a claimant was sufficient,
if he were a person of substance and repute, while, if otherwise,
he was obliged to provide two conjurators,[37] and in Castile, the
_fijodalgo_, or noble, could rebut a claim in civil cases by taking
three solemn oaths, in which he invoked on himself the vengeance of God
in this world and the next.[38]
So far, indeed, were the Barbarians from reposing implicit confidence
in the integrity of their fellows that their earliest records show
how fully they shared in the common desire of mankind to place the
oath under the most efficient guarantees that ingenuity could devise.
In its most simple form the oath is an invocation of some deity or
supernatural power to grant or withhold his favor in accordance with
the veracity of the swearer, but at all times men have sought to render
this more impressive by interposing material objects dear to the
individual, which were understood to be offered as pledges or victims
for the divine wrath. Thus, among the Hindus, the ancient Manava Dharma
Sastra prescribes the oath as satisfactory evidence in default of
evidence, but requires it to be duly reinforced—
“In cases where there is no testimony, and the judge cannot decide
upon which side lies the truth, he can determine it fully by
administering the oath.
“Oaths were sworn by the seven Maharshis, and by the gods, to make
doubtful things manifest, and even Vasishtha sware an oath before the
king Sudama, son of Piyavana, when Viswamitra accused him of eating a
hundred children.
Public-domain text, read in full here on John Shaqi.
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