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
Reverting to the older races, we find no trace of formal ordeals in the
fragmentary remains out of which Egyptologists thus far have succeeded
in reconstructing the antique civilization of the Nile valley, but this
is not attributable to an intellectual development which had cast them
aside as worthless. The intimate dependence of man on the gods, and
the daily interposition of the latter in human affairs, were taught by
the prophets of the temples and reverently accepted by the people. It
was merely a question as to the manner in which the judgment of God
was to be obtained, and this apparently took the form of reference to
the oracles which abounded in every Egyptian nome. In this we are not
left to mere conjecture, for a story related by Herodotus shows that
such an interpellation of the divine power was habitual in prosecutions
when evidence of guilt was deficient. Aames II., before he gained
the crown, was noted for his reckless and dissolute life, and was
frequently accused of theft and carried to the nearest oracle, when
he was convicted or acquitted according to the response. On ascending
the throne, he paid great respect to the shrines where he had been
condemned, and neglected altogether those where he had been absolved,
saying that the former gave true and the latter lying responses.[839]
* * * * *
The Semitic races, while not giving to the ordeal the development
which it has received among the Aryans, still afford sufficient
manifestation of its existence among them. Chaldean and Assyrian
institutions have not as yet been sufficiently explored for us to state
with positiveness whether or not the judgment of God was a recognized
resource of the puzzled dispenser of justice; but the probabilities
are strongly in favor of some processes of the kind being discovered
when we are more fully acquainted with their judicial system. The
constant invocation of the gods, which forms so marked a feature of
the cuneiform inscriptions, indicates a belief in the divine guidance
of human affairs which could hardly fail to find expression in direct
appeals for light in the administration of justice. The nearest
approach however to the principle of the ordeal which has thus far
been deciphered is found in the imprecations commonly expressed in
contracts, donations, and deeds, by which the gods are invoked to shed
all the curses that can assail humanity on the heads of those who shall
evade the execution of their plighted faith, or seek to present false
claims. Akin to this, moreover, was the penalty frequently expressed
in contracts whereby their violation was to be punished by heavy
fines, the greater part of which was payable into the treasury of some
temple.[840]
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