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
There is a natural tendency in the human mind to cast the burden of its
doubts upon a higher power, and to relieve itself from the effort of
decision by seeking in the unknown the solution of its difficulties.
Between the fetish worshippers of Congo and the polished sceptics
who frequented the _salon_ of Mlle. le Normant, the distance, though
great, is bridged over by this common weakness; and whether the
information sought be of the past or of the future, the impulse is
the same. When, therefore, in the primitive _mallum_, the wisdom of
the _rachinborgs_ was at fault, and the absence or equal balance of
testimony rendered a verdict difficult, what was more natural than to
appeal for a decision to the powers above, and to leave the matter
to the judgment of God?[284] Nor, with the warlike instincts of the
race, is it surprising that this appeal should be made to the God of
battles, to whom, whether they addressed him as Odin or Sabaoth, they
looked in every case for a special interposition in favor of innocence.
The curious mingling of procedure, in these untutored seekings after
justice, is well illustrated in a form of process prescribed by the
primitive Bavarian law. A man comes into court with six conjurators to
claim an estate; the possessor defends his right with a single witness,
who must be a landholder of the vicinage. The claimant then attacks
the veracity of the witness—“Thou hast lied against me. Grant me the
single combat, and let God make manifest whether thou hast sworn truth
or falsehood;”[285] and, according to the event of the duel is the
decision as to the truthfulness of the witness and the ownership of the
property.
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Public-domain text, read in full here on John Shaqi.
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