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Topic: Compurgation


  
  AllRefer.com - compurgation (Legal Terms And Concepts) - Encyclopedia
Compurgation, also called wager of law, was found in early Germanic law and in English ecclesiastical law until the 17th cent.
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.
reference.allrefer.com /encyclopedia/C/compurga.html   (216 words)

  
 The Forum Newsletter - Andrews & Koufman - Salem MA Law Firm   (Site not responding. Last check: 2007-10-25)
In matters of dispute, each party was required to state his case under oath, and guilt or innocence of an accused person was determined by compurgation or ordeal.
Compurgation was the clearing of an accused person by oaths of others who swore to the veracity or innocence of the accused.
Neighbors were chosen to be compurgators - but if a sufficient number of neighbors did not choose to serve or could not be found, the defendant was automatically found guilty.
www.akedge.com /topics.htm   (1996 words)

  
 Background   (Site not responding. Last check: 2007-10-25)
Each party had to state his case under oath, and doubts as to the guilt or innocence of the accused person were resolved by either compurgation or ordeal.
Neighbors would be asked to serve as compurgators and swear to the innocence of the accused person.
In the close neighborhood of the Middle Ages, local knowledge of guilt probably worked against the likelihood of a guilty defendant's securing enough compurgators to attest his innocence; and the worried mind of the guilty might have had a psychosomatic effect upon infection.
members.tripod.com /~jctMac/bg.html   (580 words)

  
 ORB - Florilegium urbanum - Crime and justice - Trial by combat between townsmen
The court prescribed compurgation by eighteen hands (the accused's being the eighteenth) as the appropriate method for determining the charge.
Compurgation may not have been the best approach to justice, but it was fairer than combat, particularly for townsmen who were relatively untrained in martial arts.
For another instance of trial by battle, see a case at Leicester which purportedly moved the burgesses to seek from the lord of the borough an exemption from that method of judicial determination.
the-orb.net /encyclop/culture/towns/florilegium/government/gvjust14.html   (435 words)

  
 ORB - Florilegium urbanum - Crime and justice - Custom concerning defence through wager of law
Thus, even if a defendant swore to his innocence in court, he (or she – the power of oaths being a matter of belief, without discrimination to sex) might be reluctant to damn himself further by repeating lies under oath in a place of God.
Hence the reason that, the more serious the crime, the larger the number of compurgators necessary; this was not a majority decision scenario – if a single one of the compurgators drew back from swearing the supporting oath, it was tantamount to a conviction.
The seventh hand refers to the number of compurgators necessary in a case such as this, of minor seriousness (as under the "Third Law").
www.the-orb.net /encyclop/culture/towns/florilegium/government/gvjust16.html   (700 words)

  
 HighBeam Research: Library Search: Results   (Site not responding. Last check: 2007-10-25)
proverbial kin loyalty of this period was both manifested in and maintained by feuding, bequeathing, marriage negotiations, and compurgation, as well as the elusive rights and obligations implicit in the mysterious abstraction folcriht.
or immersion to determine the guilt or innocence of the accused in cases where normal juridical procedures, most notably compurgation, the sworn endorsement of friends and neighbors of the accused, were not deemed applicable.
After the sadomasochistic compurgations of Rainer Marie Fassbinder and the inscrutable weirdness of Werner Herzog--two filmmakers whose lives are as legendary as...
www.highbeam.com /library/search.asp?FN=SS&search_newspapers=on&search_magazines=on&q=compurgation&refid=ency_botnm   (978 words)

  
 MIKE MACNAIR | Vicinage and the Antecedents of the Jury | Law and History Review, Volume 17 Number 3, 17.3 | The ...
On this basis Maitland argued that the survival of compurgation in the old contractual actions was due merely to the antiquity of these forms of action.
In any case, the relationship between suit/ compurgation and trial by jury in these arguments is between types of proof, not between a type of proof and a type of adjudication.
This, in turn, would create patterns in the evidence of use: we would expect panels of neighbors, as distinct from party witnesses, compurgation, and direct determination by the court, to be commonly used in boundaries and status cases, and possibly in other areas of "continuing" facts in which local reputation was analogously probative.
www.historycooperative.org /journals/lhr/17.3/macnair.html   (9526 words)

  
 Edictum Rothari - Wikipedia, the free encyclopedia
Slaves might be emancipated in various ways, but there were severe laws for the pursuit and restoration of fugitives.
In judicial procedure, a system of compurgation prevailed, as well as the wager of battle.
The general assembly of freemen continued to add ritual solemnity to important acts, such as the enactment of new laws or the selection of a king.
en.wikipedia.org /wiki/Rothari's_Edict   (603 words)

  
 Medieval Law| Lectures in Medieval History   (Site not responding. Last check: 2007-10-25)
Compurgation meant that the person accused of a crime was required to swear an oath that he was innocent and, depending on the seriousness of the offense, he might be required to persuade a greater or lesser number of the leading members of his kindred to swear the same oath along with him.
In addition, the leaders of a kindred might not be willing to places the lives and properties of members of their clan at risk in order to support a person who they knew not to be of the highest character.
Lacking compurgators or by order of the arbitrator, the accused, after having taken a solemn oath of his innocence, might be required to undergo any of a variety of ordeals to prove his innocence.
www.ku.edu /kansas/medieval/108/lectures/law.html   (1360 words)

  
 Welcome to IEEE
Common law (judge-made) — the Constitution also empowers the judiciary with the authority to interpret the laws and to establish standards of care.
Compurgation — one of the three English perjury methods of trial that was necessary
when a person’s oath was questioned; compurgation required the accused person to bring forward 11 supporters, called compurgators, making 12 people in all who would
www.angelfire.com /linux/tieee/news.htm   (147 words)

  
 [No title]
The accused, when denying the allegation under oath, appeared surrounded by a number of conjurators, juratores, conjuratores, sacra- mentales, collaudantes, compurgatores, as they are variously termed, who swore, not to their knowledge of the facts, but as sharers and partakers in the oath of denial.
XIII.), with almost in- credible superficiality, asserts that canonical compurgation was unknown to the Salique law, and from this assertion he proceeds to draw the most extensive de- ductions.
It is noted as the last instance in France of compurgation by battle, having been conducted with all the judicial ceremonies, in presence of the king, to clear Jarnac from a disgusting accusation brought by his adversary.
lcweb2.loc.gov /ndlpcoop/nicmoas/nora/nora0088.sgm   (13979 words)

  
 OSCN Found Document:SINGER v. UNITED STATES
At its inception it was an alternative to one of the older methods of proof - trial by compurgation, ordeal or battle.
1938); yet, even after the older procedures of compurgation, ordeal and battle had passed into disuse, the defendant technically retained the right to be tried by one of them.
Before a defendant could be subjected to jury trial his "consent" was required, but the Englishmen of the period had a concept of "consent" somewhat different from our own.
www.oscn.net /applications/oscn/deliverdocument.asp?citeid=427538   (3348 words)

  
 ordeal1.html
The two methods of proof used in early Germanic law were compurgation and ordeal.
In compurgation the accused swore to his own innocence together with a group of "oath-helpers." Two typical kinds of ordeal-in their Christianized form-are described in the following liturgical formulas.
But when the priest shall have taken the Eucharist, he shall adjure the man who is to be tried...
www.cas.sc.edu /hist/faculty/edwardsk/hist101s/ordeal1.html   (359 words)

  
 [No title]   (Site not responding. Last check: 2007-10-25)
Note, comments may take some time to be approved.
compurgare, to purify.completely), a mode of procedure formerly employed in ecclesiastical courts, and derived from the canon law (compurgatio canonica), by which a clerk who was accused of crime was required to make answers on the oath of himself and a certain number of other clerks (compurgators) who would swear to his character or innocence.
The term is more especially applied to a somewhat similar procedure, the old Teutonic or Anglo-Saxon mode of trial by oath-taking or oath-helping (see JURY).
encyclopedia.jrank.org /correction/edit?locale=en&content_id=17047   (110 words)

  
 Literary Terms and Definitions C   (Site not responding. Last check: 2007-10-25)
COMPURGATION: In addition to trial by ordeal, compurgation was the medieval law practice among Christianized Anglo-Saxon tribes to determine innocence.
If he was unable to find the required number, he was either found guilty or he could appeal to trial by ordeal.
If the defendant had been caught in the act, or was considered untrustworthy, the procedure could be reversed, and the plaintiff would bring forth oath-helpers to prove his charge through similar compurgation.
web.cn.edu /kwheeler/lit_terms_C.html   (9925 words)

  
 HighBeam Encyclopedia - compurgation
COMPURGATION [compurgation], in medieval law, a complete defense.
Find newspaper and magazine articles plus images and maps related to "compurgation" at HighBeam.
A Dictionary of British History; 1/1/2004; JOHN CANNON; 47 words
www.encyclopedia.com /html/c/compurga.asp   (281 words)

  
 Legal Definition of Compurgation   (Site not responding. Last check: 2007-10-25)
A person of good birth and reputation could bring two witnesses of good standing, to swear he was telling the truth.
Should the accuser bring co-accusers, the defendant had to bring an equal number of compurgators.
Close it when you're done and you may be back here.)
www.lectlaw.com /def/c084.htm   (79 words)

  
 COMPURGATION (from Lat... - Online Information article about COMPURGATION (from Lat...
- Online Information article about COMPURGATION (from Lat...
Search over 40,000 articles from the original, classic Encyclopedia Britannica, 11th Edition.
oath of himself and a certain number of other clerks (compurgators) who would swear to his See also:
encyclopedia.jrank.org /COM_COR/COMPURGATION_from_Lat_compurgar.html   (215 words)

  
 FanFiction.Net : Dictionary & Thesaurus   (Site not responding. Last check: 2007-10-25)
3 definitions found From The Collaborative International Dictionary of English v.0.48 : Compurgation \Com`pur*ga"tion\, n.
[1913 Webster] He was privileged from his childhood from suspicion of incontinency and needed no compurgation.
[1913 Webster] From English - German Dictionary 1.4 : compurgation Unschuldigsprechung f From English-German dictionary : compurgation [kʌmpəgeiʃən] Unschuldigsprechung
www.fanfiction.net /dictionary.php?word=compurgation   (108 words)

  
 LHR 17:3 Forum   (Site not responding. Last check: 2007-10-25)
(55) Suit other than suit of kin could be defeated by a successful wager of law or compurgation, in which the proof was the defendant's oath with the support of eleven oath-helpers.
(60) In any case, the relationship between suit/ compurgation and trial by jury in these arguments is between types of proof, not between a type of proof and a type of adjudication.
was a sufficient basis to put a person to compurgation on a criminal charge, even though there was no accuser or witnesses.
www.press.uillinois.edu /journals/lhrtoc/lhr17_3frm.html   (15038 words)

  
 Florilegium urbanum - Crime and justice - Examples of defence through wager of law
It may seem unfair that, Dodeman having successfully made his defence, the plaintiff was automatically condemned.
However, the case of Sturdy vs. Folebarbe suggests that even a three-handed oath was not necessarily easy to achieve if, as may have been the situation here, either the defendant or his proposed compurgators (between whom he sat) was reluctant to take a false oath.
For further background on this process, see the London custom.
www.trytel.com /~tristan/towns/florilegium/government/gvjust17.html   (512 words)

  
 [No title]
Trial by compurgation consisted of a sworn state-
According to the passage, an oath was declared "burst" during compurgation if the:
According to the passage, how did trial by battle differ from trial by compurgation and ordeal in England?
lfkkb.tripod.com /eng04/actset2.html   (867 words)

  
 Compurgation - ENCYCLOPEDIA - The History Channel UK
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www.thehistorychannel.co.uk /site/search/search.php?word=compurga   (240 words)

  
 Common Law and Church Courts   (Site not responding. Last check: 2007-10-25)
If the church court disobeyed the prohibition, the defendant could commence an action in a royal court aiming to hold the ecclesiastical judge or suitor accountable.
My paper focuses on two aspects of prohibition procedure during the reign of Edward I (1272-1307): the availability of writs of prohibition solely on the church court defendant's unverified, unsworn allegation of a jurisdictional intrusion, and the availability of proof by wager of law (compurgation) in common law actions based on disobedience of prohibitions.
Royal officials devised remedies for problems created by each of these procedural features.
www.h-net.org /~law/ASLH/conferences/1998conference/102498200a.htm   (363 words)

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