COMPURGATION

compurgation (kom-p<<schwa>>r-gay-sh<<schwa>>n), n.[Latin con- “together” + purgare “to clear or purge”] Hist. A trial by which a defendant could have supporters (called compurgators), frequently 11 in number, testify that they believed the defendant was telling the truth. — Also termed wager of law; trial by oath. — compur-gatory,adj.

“If a defendant on oath and in a set form of words will deny the charge against him, and if he can get a certain number of other persons (compurgators) to back his denial by their oaths, he will win his case. If he cannot get the required number, or they do not swear in proper form, ‘the oath bursts,’ and he will lose. Though oaths were used in the Roman law of procedure, this institution of compurgation was not known to it. It was, however, common to the laws of many of the barbarian tribes who overran the Roman empire. Because it was so common and so widespread the church adopted it…. The case of King v. Williams in 1824 was the last instance of its use. It was finally abolished in 1833.” 1 William Holdsworth, A History of English Law 305–08 (7th ed.1956). [Blacks Law 8th]