中世纪教会对神命裁判法的终结

The Ending of Ordeal by the Church in the Middle Ages

神命裁判起源于古代日耳曼人的习惯法,中世纪时被基督教会加以规范并传至欧洲各地.11～12世纪,随着中世纪教会法研究的兴起以及经院哲学的发展,基督教会内部对神命裁判的批评日益激烈并系统化.此时正值基督教会摆脱世俗社会的司法体系而日渐独立,在这种趋势下,教会最终废除神命裁判法,由此而导致一系列新的司法程序在欧洲出现.

Judicium Dei, or trial by ordeal, is an important tradition in medieval Europe. Ordeal was originated from the custom of German peoples, It was formalized by the Christian Church and spread into the rest of Europe. With the rise of the study of the canon law and the development of theology and philosophy, the doubt and criticism on ordeal became more and more vehement, which endangered the authority of the Church. From the second half of the 11^th century to the 12^th century, the Church was becoming an independent political and judicial system separated from the secular power. As a result, the Fourth Lateran Council decided to abolish the procedure., which left space for some new legal procedures to develop in Europe.