Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
Turning to some of the instances where the oaths of compurgators, or the
wager of law, as known under the old procedure, was utilized to acquit
the accused of charges, either in the ecclesiastical or lay courts of
old England, we find, in the sixth century, that Pope Pelagius I., when
confronted with charges that he was concerned in the troubles which
drove his predecessor into exile, exculpated himself, by his oath, taken
in the pulpit, while holding the crucifix above his head, denying any
implication in the affairs that had resulted in the disgrace of his
predecessor.[61]
And when Gregory of Tours was arraigned for the use of words which
seriously reflected upon Fredegonda, before a Council of Bishops, it was
decided that he should acquit himself of the charge by oaths upon three
separate altars, which in due time, the accused performed to the complete
satisfaction of the Council.[62]
In the dispute which arose, in 824, between Hubert, bishop of Worcester,
and the abbot of Berkeley, in regard to the monastery of Westbury,
the issue was settled by the oath of bishop Hubert, supported by
fifty priests, ten deacons and a hundred and fifty other clerks and
ecclesiastics.[63]
Again, the bishop of Trent, when accused of simony, was ordered by Pope
Innocent II. to clear himself with the oaths of two bishops and three
abbots or monks, a course that was followed by the accused, to the
complete satisfaction of his superiors in the church.[64]
Compurgation was, indeed, for many centuries the common procedure whereby
Churchmen, when accused of simony, or other irregularities, cleared
themselves of the charges filed against them, and it seemed almost
invariably an easy task to find other brothers of the order willing
to stand by the accused and render him the assistance of an oath in
the belief of his innocence, perhaps because of the frequency of such
charges and the uncertainty of the future and that necessity might place
the compurgators in a position where they might desire the reciprocal
service, rendered to their unfortunate companion.[65]
In the thirteenth century the earl of Warenne, or his men, slew Alan de
la Zouche, in Westminster Hall, in the presence of the king’s justices.
He was allowed to escape with his compurgators’ aid, according to
the rule then obtaining, by his own oath, supported by the oaths of
twenty-five knights, that the deed was not done with malice aforethought,
or in contempt of the king, but under the heat of passion and under such
circumstances as to reduce the offense to simple manslaughter.[66]
In the Bedfordshire eyre, of the year 1202, in a prosecution under the
statute for selling beer under a false measure, the defendant when placed
upon her trial, claimed the right of compurgation and was ordered to
defend herself “twelve handed” and she met the demand of the court by the
offer of her compurgators.[67]
Public-domain text, read in full here on John Shaqi.
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