Lambach, Stiftsbibliothek LXXIII, fol. 72r |
At
the beginning of the twelfth century, the ordeal was a wide spread method of
proof. During the course of the century the Ordo
iudiciarius was substituted for the ordeal in
ecclesiastical courts and also in secular courts, especially in Southern
Europe. The rules governing this procedure were cobbled together
by jurists and were taken primarily from Roman law.
The change in procedure from the ordeal to modes of proof based on testimony
with a judge presiding over the proceedings was unsettling and disconcerting
for society and for the courts.
Contrary opinion to Pennington's:
Robert Bartlett, Trial by
Fire and Water: The Medieval Judicial Ordeal (Oxford:
Clarendon Press, 1986) 42: "It
<i.e. scholarly opinion> presumes that, if the ordeal disappeared from
Europe in the thirteenth century, there must have been prior social changes
which explain it <and> . . . then the ordeal must have been in
decline in the twelfth century. These presumptions do not, however,
match the facts."
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