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
Although Cæsar makes no mention of such a custom in Gaul, it evidently
prevailed among the Celtic tribes. Livy describes how some Spaniards
seized the opportunity of a show of gladiators, given by Scipio, to
settle various civil suits by combat, and he proceeds to particularize
a case in which two rival cousins decided in this manner a disputed
question in the law of descent, despite the earnest remonstrances of
the Roman commander.[297] Among the Irish Celts, at their appearance
in history, we find the judicial duel established with fixed
regulations. In the Senchus Mor, a code claiming to be compiled under
the supervision of St. Patrick, the delay of five days in a distress
is explained by the history of a combat between two long previous in
Magh-inis. “When they had all things ready for plying their arms,
except a witness alone, they met a woman at the place of combat, and
she requested of them a delay, saying, ‘If it were my husband that
were there I would compel you to delay.’ ‘I would delay,’ said one
of them, ‘but it would be prejudicial to the man who sues me; it is
his cause that would be delayed.’ ‘I will delay,’ said the other. The
combat was then put off, but they did not know till when it was put
off, until Conchubhur and Sencha passed judgment respecting it; and
Sencha asked, ‘What is the name of this woman?’ ‘Cuicthi,’ (five) said
she, ‘is my name.’ ‘Let the combat be delayed,’ said Sencha, ‘in the
name of this woman for five days.’”[298] The combative ardor of the
Feini, indeed, was so strong, and the appeal to the wager of battle
so general, that on their conversion to Christianity they found it
difficult to understand that the holy ministers of Christ should be
restricted from vindicating their rights by arms, and St. Patrick, in
a synod held in 456, was obliged to threaten his clergy with expulsion
from the church if they endeavored to escape by appeal to the sword
from settling obligations which they had incurred by giving security
for heathens.[299]
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