"M. de la Motte has remarked that Hippolytus should have proposed to his father to come and hear his justification in this temple, where no one dared venture on swearing to a falsehood. It is certain, that in such a case Theseus could not have doubted the innocence of that young prince; but he had received too convincing evidence against the virtue of Phædra, and Hippolytus was not inclined to make the experiment. M. de la Motte would have done well to have distrusted his own good taste, when he suspected that of Racine, who appears to have foreseen the objection here made. In fact, Theseus is so prejudiced against Hippolytus that he will not even permit him to justify himself by an oath."
I should observe that the criticism of La Motte was originally made by the deceased marquis de Lassai. He delivered it at M. de la Faye's, at a dinner party at which I was present together with the late M. de la Motte, who promised to make use of it; and, in fact, in his "Discourses upon Tragedy," he gives the honor of the criticism to the marquis de Lassai. The remark appeared to me particularly judicious, as well as to M. de la Faye and to all the guests present, who—of course excepting myself—were the most able critics in Paris. But we all agreed that Aricia was the person who should have called upon Theseus to try the accused by the ordeal of the Trezenian temple; and so much the more so, as Theseus immediately after talks for a long time together to that princess, who forgets the only thing that could clear up the doubts of the father and vindicate the son. The commentator in vain objects that Theseus has declared to his son he will not believe his oaths:
Toujours les scélérats ont recours au parjure.
—Phedra. Act iv., scene 2.
The wicked always have recourse to oaths.
There is a prodigious difference between an oath taken in a common apartment, and an oath taken in a temple where the perjured are punished by sudden death. Had Aricia said but a single word on the subject, Theseus could have had no excuse for not conducting Hippolytus to this temple; but, in that case, what would have become of the catastrophe?
Hippolytus, then, should not have mentioned at all the appalling power of the temple of Trezene to his beloved Aricia; he had no need whatever to take an oath of his love to her, for of that she was already most fully persuaded. In short, his doing so is an inadvertence, a small fault, which escaped the most ingenious, elegant, and impassioned tragedian that we ever had.
From this digression, I return to the barbarous madness of ordeals. They were not admitted in the Roman republic. We cannot consider as of one of these ordeals, the usage by which the most important enterprises were made to depend upon the manner in which the sacred pullets ate their vetches. We are here considering only ordeals applied to ascertain the guilt or innocence of men. It was never proposed to the Manliuses, Camilluses, or Scipios, to prove their innocence by plunging their hands into boiling water without its scalding them.
These suggestions of folly and barbarism were not admitted under the emperors. But the Tartars who came to destroy the empire—for the greater part of these plunderers issued originally from Tartary—filled our quarter of the world with their ridiculous and cruel jurisprudence, which they derived from the Persians. It was not known in the Eastern Empire till the time of Justinian, notwithstanding the detestable superstition which prevailed in it. But from that time the ordeals we are speaking of were received. This manner of trying men is so ancient that we find it established among the Jews in all periods of their history.
Korah, Dathan, and Abiram dispute the pontificate with the high priest Aaron in the wilderness; Moses commands them to bring him two hundred and fifty censors, and says to them: Let God choose between their censors and that of Aaron. Scarcely had the revolted made their appearance in order to submit to this ordeal, before they were swallowed up by the earth, and fire from heaven struck two hundred and fifty of their principal adherents; after which, the Lord destroyed fourteen thousand seven hundred more men of that party. The quarrel however for the priesthood still continued between the chiefs of Israel and Aaron. The ordeal of rods was then employed; each man presented his rod, and that of Aaron was the only one which budded.
Although the people of God had levelled the walls of Jericho by the sound of trumpets, they were overcome by the inhabitants of Ai. This defeat did not appear at all natural to Joshua; he consulted the Lord, who answered that Israel had sinned; that some one had appropriated to his own use a part of the plunder that had been taken at Jericho, and there devoted as accursed. In fact, all ought to have been burned, together with the men and women, children and cattle, and whoever had preserved and carried off any part was to be exterminated. Joshua, in order to discover the offender, subjected all the tribes to the trial by lot. The lot first fell on the tribe of Judah, then on the family of Zarah, then on the house of Zabdi, and finally on the grandson of Zabdi, whose name was Acham.
Scripture does not explain how it was that these wandering tribes came to have houses; neither does it inform us what kind of lots were made use of on the occasion; but it is clear from the text, that Acham, being convicted of stealing a small wedge of gold, a scarlet mantle, and two hundred shekels of silver, was burned to death in the valley of Achor, together with his sons, his sheep, his oxen, and his asses; and even his very tent was burned with him.