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
The appeal to chance, as practised in India, bears several forms,
substantially identical in principle. One mode consists in writing
the words _dherem_ (consciousness of innocence) and _adherem_ (its
opposite) on plates of silver and lead respectively, or on pieces of
white and black linen, which are placed in a vessel that has never held
water. The person whose cause is at stake inserts his hand and draws
forth one of the pieces, when if it happens to be _dherem_ it proves
his truth.[1115] Another method is to place in a vessel a silver image
of Dharma, the genius of justice, and one in iron or clay of Adharma;
or else a figure of Dharma is painted on white cloth and another on
black cloth, and the two are rolled together in cow-dung and thrown
into a jar, when the accused is acquitted or convicted according to his
fortune in drawing Dharma.[1116]
In adapting to Christian usage the ordeal of the lot, attempts were
made to invest it with similar sacred symbolism, but it was not well
adapted to display the awful solemnity which rendered the other forms
so impressive. Notwithstanding the ample warrant for it in Scripture,
and its approval by St. Augustin,[1117] it was therefore in less favor
with the Church, and it seems not to have retained among the people,
after their conversion, the widespread popularity and confidence
enjoyed by the other ordeals. Indeed, as a judicial process, it is only
to be found prescribed in the earlier remains of the Barbarian laws and
customs, and no trace of it is to be met with in the latter legislation
of any race. Thus mention of it is made in the Ripuarian code,[1118]
and in some of the earlier Merovingian documents its use is prescribed
in the same brief manner.[1119] As late as the middle of the eighth
century, Ecgberht, Archbishop of York, quotes from the canons of an
Irish Council a direction for its employment in cases of sacrilegious
theft, as a means of determining the punishment to be inflicted;[1120]
but not long after, the Council of Calchuth condemned the practice
between litigants as a sacrilege and a remnant of paganism.[1121] This
was ineffectual, for about 850 Leo IV. describes it as in universal use
in England, and forbids it as mere divination.[1122]
Public-domain text, read in full here on John Shaqi.
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