The Procedure and Practice of Witness Testimony in English Ecclesiastical Courts, c.1193–1300

White, Sarah B.

Abstract

In the twelfth century, the English church courts made considerable use of compurgation and of sworn members of the community to aid in the resolution of disputes, but by the end of the thirteenth century, academic canon law depended almost entirely on witness testimony. Romano-canonical proceduralists established rules for examining witnesses, rejecting testimonies and resolving conflicts. However, these academic ideals were not always possible or even desirable in practice. Although Roman procedure required witnesses to be eyewitnesses, English ecclesiastical practice allowed witnesses to testify to public knowledge. Furthermore, individuals who were not qualified to testify did so regardless, and their testimonies were not excluded even following exceptions. This is not to say that standard procedure was not followed; more often than not, it was. However, these differences between theory and practice indicate that practitioners (and perhaps judges) in the English ecclesiastical courts were experimenting with ways to use witness testimony beyond the confines of the academic law.

Citation

White, S. B. (2020). The Procedure and Practice of Witness Testimony in English Ecclesiastical Courts, c.1193–1300. Studies in Church History, 56, 114-130. https://doi.org/10.1017/stc.2019.7

• Journal Article Type: Article
• Online Publication Date: May 15, 2020
• Publication Date: 2020-06
• Deposit Date: Nov 13, 2023
• Publicly Available Date: Nov 24, 2023
• Journal: Studies in Church History
• Print ISSN: 0424-2084
• Electronic ISSN: 2059-0644
• Publisher: Cambridge University Press
• Peer Reviewed: Peer Reviewed
• Volume: 56
• Pages: 114-130
• DOI: https://doi.org/10.1017/stc.2019.7
• Keywords: Sociology and Political Science; Religious studies; History
• Public URL: https://nottingham-repository.worktribe.com/output/27367767
• Publisher URL: https://www.cambridge.org/core/journals/studies-in-church-history/article/abs/procedure-and-practice-of-witness-testimony-in-english-ecclesiastical-courts-c11931300/BC4CDA8AE87F2E9F22B4CFDB02EB3225