Legal Definitions - lex judicialis

Lex judicialis refers to a historical legal concept, primarily found in ancient and medieval justice systems, where the determination of guilt or innocence was based on a physical test or "ordeal." These ordeals were believed to invoke divine judgment, with the outcome indicating whether the accused was truthful or false. It was a form of "judicial law" in that it was a recognized method for resolving disputes and administering justice, though vastly different from modern evidentiary trials.

Here are some examples of how lex judicialis was applied:

• Ordeal by Hot Iron: In a medieval village, a person might be accused of theft without any direct witnesses. To determine guilt, the accused could be subjected to the ordeal of the hot iron. They would be required to carry a heated piece of iron for a certain distance. After a few days, if the wound healed cleanly, it was considered a sign of divine intervention proving innocence. If the wound festered, it was seen as a sign of guilt. This physical test, believed to reveal God's judgment, served as the lex judicialis for that case, providing a definitive legal outcome.
• Ordeal by Combat: Imagine two noblemen disputing the ownership of a valuable piece of land, where traditional legal arguments and testimonies fail to resolve the matter. They might agree to an ordeal by combat. Both parties, or their chosen champions, would engage in a duel. The prevailing belief was that God would grant victory to the party whose claim was just and righteous. The outcome of this physical confrontation, rather than evidence or testimony, was accepted as the definitive legal judgment, thus functioning as a form of lex judicialis to settle the dispute.
• Ordeal by Cold Water: During periods of intense suspicion, such as the early modern witch hunts, a woman accused of witchcraft might face the ordeal of cold water. Her hands and feet would be bound, and she would be thrown into a body of water. If she sank, it was believed the pure water accepted her, signifying innocence. If she floated, it was believed the water rejected her, indicating guilt (and often, association with evil). This perilous test, interpreted as a divine verdict, was a form of lex judicialis used to decide her fate.