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compurgation

compurgation (kŏm´pərgā´shən), in medieval law, a complete defense. A defendant could establish his innocence or nonliability by taking an oath and by getting a required number of persons to swear they believed his oath. Compurgation, also called wager of law, was found in early Germanic law and in English ecclesiastical law until the 17th cent. In common law it was substantially abolished as a defense in felonies by the Constitutions of Clarendon (1164). Compurgation was still permitted in civil actions for debt, however, and vestiges of it survived until its final abolition in 1833. It is doubtful whether compurgation ever existed in America.

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compurgation

compurgation or law-wager was an Anglo-Saxon defence against an accusation by bringing a number of persons to testify to one's innocence as character witnesses. The laws of King Ine laid down rules for the status of the compurgators and the number needed to answer to particular charges. The compurgators were not strictly witnesses nor jurymen, and the number varied, though was commonly twelve. The practice gradually fell into disuse after the Norman Conquest, though it survived for centuries in matters of debt. Clearly it contributed an element to the jury system which replaced it.

J. A. Cannon

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Compurgation

COMPURGATION

Compurgation is a judicial proof of innocence commonly permitted in medieval ecclesiastical courts. Owing something to Germanic law, but deriving from the apostolic statement that "an oath for confirmation is the end of all controversy" (Heb 6.16), it allowed a defendant to clear himself (purgare ) of an accusation by calling on specified "oath-helpers" (coniuratores, compurgatores, Eidhelfer ) to substantiate his oath to his own innocence (see Corpus iuris canonici, ed. E. Friedberg (Leipzig 187981; repr. Graz 1955) C.2 q.5 for the chief patristic and papal texts). These "helpers" as a rule were not to exceed the "canonical number" of seven and had to be from the social stratum of the accused; their oath was not to testify to the truth as such, in the manner of witnesses or jurors, but simply to the truth of the oath sworn by the accused. In essence compurgation (purgatio canonica ) was the ecclesiastical counterpart of ordeals (purgatio vulgaris ), for in either case the judgment was referred to God; on occasion an accused was presented with a choice of one or the other. Likewise, compurgation was just as hazardous a method of discovering the truth, and by the 14th century it was almost wholly discredited. A form survives in modern civil law in the institution of character witnesses.

Bibliography: r. ruth, Zeugen und Eideshelfer in den deutschen Rechtsquellen des Mittelalters (Breslau 1922). f. pollock and f. w. maitland, A History of English Law Before the Time of Edward I (2d ed. Cambridge, Eng. 1898; repr. 1952) 1:443444; 2:633637. n. del re, a. mercati and a. pelzer, Dizionario ecclesiastico, 3 v. (Turin 195458) 3:389. j. lederer, Lexikon für Theologie und Kirche, ed. j. hofer and k. rahner 10 v. (2d, new ed. Freiburg 195765) 3:731.

[l. e. boyle]

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