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 mediæval panegyrists of the wager of battle sought to strengthen
its title to respect by affirming that it was as old as the human race,
and that Cain and Abel, unable to settle their conflicting claims in
any other mode, agreed to leave the decision to the chances of the
duel; while the combat between David and Goliath was considered by
the early schoolmen as an unanswerable proof of the favor with which
God regarded such encounters. Leaving such speculations aside, it is
enough for us to know that all the tribes which settled in Europe
practised the combat with so general a unanimity that its origin must
be sought at a period anterior to their separation from the common
stock, although it has left no definite traces in the written records
which have reached us of the Asiatic Aryans.[294]
That some vague notions of Divine justice making itself manifest
through the sword must have existed in prehistoric Hellenic times
is apparent from Homer’s elaborate description of the duel between
Menelaus and Paris. This has all the characteristics of a judicial
combat to decide the guilt or innocence of the claimants for the
possession of the fair Helen. A preliminary sacrifice is offered to
Zeus; Hector and Ulysses measure out the ground; lots are cast to
decide which of the antagonists shall have the first throw of the
spear; and the assembled armies put up a prayer to Zeus, entreating him
to send to Hades the guilty one of the two combatants.[295] This is not
merely a device to put an end to the slaughter of brave warriors—it is
an appeal to Heaven to elicit justice by means of arms.
The Italiote branch of the Aryans affords us a more definite
illustration of the same belief in the custom of the Umbrians, who
settled quarrels by single combat, and deemed that he who slew his
adversary thus proved that his cause was just.[296]
Public-domain text, read in full here on John Shaqi.
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