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
“Let not the wise man take an oath in vain, even for things of little
weight; for he who takes an oath in vain is lost in this world and the
next.
“Let the judge swear the Brahman by his truth; the Kshatriya by his
horses, his elephants, or his arms; the Vaisya by his cows, his corn,
and his gold; the Sudra by all crimes.”[39]
And in the more detailed code of Vishnu there is an exceedingly
complicated system of objects to be sworn upon, varying with the amount
at stake and the caste of the swearer.[40]
We see the same custom in Greece, where Homer represents Hera as
exculpating herself by an oath on the sacred head of Zeus, and on
their marriage-bed, a practice which mortals imitated by swearing on
the heads of their children, or on that of their patron, or of the
king.[41] Under the Roman law, oaths were frequently taken on the head
of the litigant, or on those of his children.[42] The Norse warrior was
sworn, like the Hindu Kshatriya, on his warlike gear:
“Oaths shalt thou
First to me swear,
By board of ship,
By rim of shield,
By shoulder of steed,
By edge of sword,
That thou wilt not slay
The wife of Volund,
Nor of my bride
Cause the death.”[43]
When these material pledges were not offered, the sanctions of religion
have in all ages been called into play to impress the imagination of
the swearer with the awful responsibility incurred, the presence of the
deity being obtained by the offer of a sacrifice, or his interposition
being assured by the use of some object of peculiar sacredness. In
Deuteronomy, when the corpse of a murdered man was found, the elders
of the nearest city disculpated themselves and their fellow-citizens
before the Levites over the body of a heifer slain for the purpose.[44]
We see the same principle applied to promissory oaths in the horse
which Tyndareus sacrificed and buried when he exacted from the suitors
of Helen the oath that they would accede to her choice of a bridegroom
and defend her and her husband against all comers;[45] and it is only
necessary to allude to the well-known Ara Maxima of Hercules in
Rome to show the prevalence of the same customs among the Italiotes.
Similar practices were familiar to the Norsemen. Among them the Godi
was both priest and judge, the judgment-seat adjoined the temple, and
all parties to a suit, including judge and witnesses, were solemnly
sworn upon the sacred ring kept for that purpose on the altar. It
was sprinkled with the blood of a sacrificial bull, and then the
oath was taken by invoking Freyr and Niord, and the almighty As to
help the swearer as he should maintain truth and justice.[46] Yet so
little did all these precautions serve to curb the untruthfulness of
the cunning sea-kings that in Viga-Glums Saga we find Glum denying
a charge of murder by an oath taken in three temples, in which he
called Odin to witness in words so craftily framed that while he was
in reality confessing his guilt he apparently was denying it most
Public-domain text, read in full here on John Shaqi.
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