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Reflection on the unilateral ordeal around Saumur in the XIth and the XIIth centuries

  • 중앙사론
  • 2012, (35), pp.491-522
  • Publisher : Institute for Historical Studies at Chung-Ang University
  • Research Area : Humanities > History

Jeong-Min Lee 1

1경상대학교

Accredited

ABSTRACT

For the purpose of finding out the aspects of the unilateral ordeal, under the belief of the omnipotence of God and the divine intervention, as a kind of feudal judgement around Saumur in the XIth and the XIIth centuries. It is indispensable for us to examine the historical remarks and the narrative testimonies according to the title of the Codex vetustarum donationum niger nuncupatus, etc. It is said to the unilateral ordeal, what we called, to find the innocent or not be, to claim the right and to testify the truth through the trial by the boiling or cold water, the red hot iron, the bread and cheese, etc. To accomplish this task, in first, we examine the origin of unilateral ordeal which is rooted in the Carolingian with the legal procedure. Secondly, we see to the unilateral ordeal that takes the feudal and judicial role of cutting the Gordian knot and the religious and psychological task at the same time. Finally, according this cartulary of the Codex vetustarum donationum niger nuncupatus, we look into the unilateral ordeals which are represented around Saumur in this period. In spite of the ecclesiastical criticism for temptation of God, it shows that the unilateral ordeal is very accepted by the people, who can't assert their right or prove their innocence in public, without arms including the clergy around Saumur. Bearing the belief of the justice of God and the divine intervention, the unilateral ordeal seems to reflect not only the mentality of the Christianism but also the feudal simultaneously the judicial custom in settling the feud around Saumur in the XIth and the XIIth centuries.

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This paper was written with support from the National Research Foundation of Korea.