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Compurgation: The Historical Legal Defense of Oaths and Truth
Definition & Meaning
Compurgation is a historical legal practice that allowed a defendant in medieval law to prove their innocence by gathering a group of supporters, known as compurgators, to testify on their behalf. Typically, this group consisted of eleven individuals who would swear an oath affirming their belief in the defendant's truthfulness. If the defendant could secure the required number of compurgators who swore correctly, they would win the case. Conversely, if they failed to meet the necessary threshold or if the oaths were improperly sworn, the "oath bursts," resulting in a loss of the case. This practice was formally abolished in 1833.
Compurgation is also referred to as the wager of law or trial by oath.
Table of content
Legal Use & context
Compurgation was primarily used in criminal law during the medieval period, serving as a means for defendants to defend themselves against accusations. While it is no longer in use today, understanding this term can be valuable for those studying historical legal practices or the evolution of legal defenses. Users interested in historical legal concepts may find templates and resources on US Legal Forms helpful for exploring related legal documents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) In a medieval court, a defendant accused of theft could gather eleven townspeople who knew them well. Each of these supporters would swear that they believed the defendant was innocent. If all eleven swore correctly, the defendant would win the case.
Comparison with related terms
Term
Definition
Key Differences
Wager of law
A historical term for the same concept as compurgation.
Both involve oaths by supporters, but wager of law is a broader term.
Trial by jury
A modern legal process where a jury decides the outcome of a case.
Trial by jury is based on evidence and deliberation, unlike compurgation.
Common misunderstandings
What to do if this term applies to you
If you are studying historical legal practices or need to reference compurgation in a legal context, consider researching more about medieval law. For related legal documents or templates, you can explore resources available through US Legal Forms. If you have a specific legal issue, seeking professional legal advice is recommended.
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Outcome: Depended on the number and validity of oaths.
Abolished: In 1833.
Key takeaways
Frequently asked questions
Compurgation is a historical legal practice where a defendant could prove their innocence by gathering supporters to swear an oath of belief in their truthfulness.
No, compurgation was abolished in 1833 and is no longer a legal practice.
Typically, eleven supporters were required to validate the defendant's claim.
If the oaths were not sworn in proper form, the "oath bursts," resulting in a loss for the defendant.