United States or Oman ? Vote for the TOP Country of the Week !
In 1209 one woman accused another of sorcery in the king's court and the defendant cleared herself by the ordeal. In 1279 a man accused of killing a witch who assaulted him in his house was fined, but only because he had fled away. Walter Langton, Bishop of Lichfield and treasurer of Edward I, was accused of sorcery and homage to Satan and cleared himself with the compurgators.
"Some authors have thought that jurymen were originally compurgators, called by a defendant to swear that they believed him innocent of the facts with which he was charged. . . But . . . compurgators were merely witnesses; jurymen were, in reality, judges.
It was usual to overawe the administrators of justice by these gatherings of supporters, perhaps a survival of the old "compurgators." This, in fact, was "part of the obligation of our Scottish kyndness," and the divided ecclesiastical and civil powers shrank from a conflict.
To avoid as much as possible this severe mode of trial, and at the same time to leave no inlet for perjury, another method of clearing was devised. The party accused of any crime, or charged in a civil complaint, appeared in court with some of his neighbors, who were called his Compurgators; and when on oath he denied the charge, they swore that they believed his oath to be true.
But twelve witnesses, or compurgators, having asserted upon their oath the innocence of the accused party, Geirrida was honourably freed from the accusation brought against her.
The subsequent history of Agnes is lost in obscurity, but since she had to procure but thirty-six compurgators who were prepared to swear that they believed her innocent, and as she was at liberty to choose these herself from her native village of Winchelsea, it is probable that she escaped.* * Cf. Thayer, as cited, supra.
On the same principle from which the trial by the oath of compurgators was derived, was derived also the Trial by the Country, which was the method of taking the sense of the neighborhood on any dubious fact. If the matter was of great importance, it was put in the full Shiremote; and if the general voice acquitted or condemned, decided for one party or the other, this was final in the cause.
He met the gaze of the multitude without flinching, and his general demeanour impressed many in his favour. Compurgators, or men to swear that they believed him innocent, a kind of evidence fully recognised by the Saxon law, were not wanting; but they consisted chiefly of his old companions in arms and his friends from Aescendune.
In the presence of the burgesses justice was administered in the old English fashion, and the accused acquitted or condemned by the oath of his neighbours, the "compurgators," out of whom our jury was to grow. Rough and inadequate as such a process seems to us, it insured substantial justice; the meanest burgher had his trial by his peers as thoroughly as the belted earl.
These customs bear a strong resemblance to the rules of proof established among our ancestors, the Anglo-Saxons, who were likewise obliged, in the case of oaths taken for the purpose of exculpation, to produce a certain number of compurgators; but, as these might be any indifferent persons, who would take upon them to bear testimony to the truth of what their neighbour swore, from an opinion of his veracity, there seems to be more refinement and more knowledge of human nature in the Sumatran practice.
Word Of The Day