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
In the earliest civilization, that of Egypt, it would seem as though
torture was too opposed to the whole theory of judicial proceedings
to be employed, if we are to believe the description which Diodorus
Siculus gives of the solemn and mysterious tribunals, where written
pleadings alone were allowed, lest the judges should be swayed by the
eloquence of the human voice, and where the verdict was announced, in
the unbroken silence, by the presiding judge touching the successful
suitor with an image of the Goddess of Truth.[1376] Yet a papyrus
recently interpreted gives us a judicial record of a trial, in the
reign of Rameses IX. of the XXth Dynasty (circa 1200 B. C.), of
the robbers of the tomb of the Pharaoh Sebakemsauf, and this shows
how the accused, after confession, were tortured for confirmation,
first by scourging and then by squeezing the hands and feet, showing
that, sometimes at least, this mode of ascertaining the truth was
employed.[1377]
Among the Semitic races we find torture used as a regular judicial
process by the Assyrians,[1378] though the Mosaic jurisprudence is
free from any indication that the Hebrew law-dispensers regarded it
as a legitimate expedient. Earnest advocates of the torture system,
in the eighteenth century, however, did not hesitate to adduce the
ordeal of the bitter water of jealousy as a torture which justified the
employment in modern times of the rack and strappado.
In the earliest Aryan records, so far as we can judge from the
fragments remaining of the Zoroastrian law, torture had no recognized
place. Astyages was rather a Mede than a Persian, and therefore no
conclusion can be drawn from his readiness to employ it when he
sought to extort the truth from unwilling witnesses, as related by
Herodotus;[1379] but the savage punishments which Darius boasts of
inflicting upon the rival pretenders to his throne[1380] presuppose a
readiness to resort to the most violent means of intimidation, which
could scarcely fail to include torture as an extra-judicial means of
investigation when milder methods failed.
To the other great branch of the Aryan stock which founded the Indian
civilization, torture would likewise seem to have been unknown as a
legitimate resource; at least it has left no trace of its existence
in the elaborate provisions of the Hindu law as handed down to us for
nearly three thousand years. In the Institutes of Manu there are very
minute directions as to evidence, the testimony preferred being that of
witnesses, whose comparative credibility is very carefully discussed,
and when such evidence is not attainable, the parties, as we have seen
above, are ordered to be sworn or tried by the ordeal. These principles
have been transmitted unchanged to the present day.[1381]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account