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
Here, at the close of the nineteenth century,
when the triumph of human intelligence over the forces of nature,
stimulating the progress of material prosperity, has deluded us into
sacrificing our psychical to our intellectual being—even here the
duality of our nature reasserts itself, and in the crudity of Mormonism
and in the fantastic mysteries of spiritism we see a protest against
the despotism of mere reason. If we wonder at these perversions of our
noblest attributes, we must remember that the intensity of the reaction
measures the original strain, and in the insanities of the day we thus
may learn how utterly we have forgotten the Divine warning, “Man shall
not live by bread alone!”
IV.
TORTURE.
CHAPTER I.
TORTURE IN EGYPT AND ASIA.
The preceding essays have traced the development of sacramental
purgation and of the ordeal as resources devised by human ingenuity and
credulity when called upon to decide questions too intricate for the
impatient intellect of a rude and semi-barbarous age. There was another
mode, however, of attaining the same object which has received the
sanction of the wisest lawgivers during the greater part of the world’s
history, and our survey of man’s devious wanderings in the search
of truth would be incomplete without glancing at the subject of the
judicial use of torture. The ordeal and torture, in fact, are virtually
substitutes for each other. It will be seen that they have rarely
coexisted, and that, as a general rule, the legislation which depended
on the one rejected the other.
In the early stages of society, the judge or the pleader whose faith
does not lead him to rely upon an appeal to God naturally seeks to
extort from the reluctant witness a statement of what he might desire
to conceal, or from the presumed criminal a confession of his guilt. To
accomplish this, the readiest means would seem to be the infliction of
pain, to escape from which the witness would sacrifice his friends,
and the accused would submit to the penalty of his crime. The means
of administering graduated and effectual torment would thus be sought
for, and the rules for its application would in time be developed
into a regular system, forming part of the recognized principles of
jurisprudence.
Public-domain text, read in full here on John Shaqi.
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