Remarks on the Use of Ordeals in Late Antiquity (4th.-7th. Centuries A.D.)

Abstract

Ordeals can be defined as probatory judicial proceedings other than those testimonial and documentary. They were performed between the 4th and 7th centuries by both the Romans and the Germans who had settled in the territories of the Western Empire, although in each case, their functionality and forms were different. Among the Romans the ordeals were never provided with legal value, therefore they were developed outside the judicial system. Consequently, their results were not binding, although by convention they used to be admitted as evidence. However, ordeals were ordinary judicial practice among the Germans, although only applied when no other probatory means were possible. For one and another people, with or without religious value attributed, their practice meant an expeditious way of resolving disputes.