The employment of compurgators under the Visigothic system was an
important and popular one. Their number is not stated, and does not
appear to have been limited, but originally it consisted of twelve. The
probable predecessor of our system of trial by jury, this institution
was derived from the Saxons, and was, without question, of remote
antiquity. The oath, under other systems of jurisprudence, rarely
employed in purgation of crime, was frequently resorted to by the
Visigothic magistracy, as it formerly had been under the primitive
legal procedure of the Germans. An accused party, if he had hitherto
borne a good character, was entitled to establish his innocence by this
means; a proceeding which could be confirmed and accompanied by the
affidavits of his friends, neighbors, and kinsmen, who, being persons
best acquainted with his character and habits, came into court, and
swore to their belief in his innocence. No testimony was offered in
their presence, and no arguments were made before them, as with the
modern jury. With more correct notions of the requisites and effect
of legal evidence than their German predecessors, the Visigothic
courts did not admit the intervention of compurgators, except under
circumstances where competent proof had failed to conclusively
establish the guilt of the accused. It is a curious fact that their
services were enlisted by criminals and litigants in the courts of
England until comparatively recent times. At first limited to criminal
prosecutions, their introduction was subsequently extended to various
civil actions, and especially to those brought for the recovery of
debts; and, recognized by the Canon Law, compurgators were sworn in
England as late as the reign of Elizabeth. This remarkable institution,
which bears so plainly the impress of ecclesiastical influence,
appealing to the piety and superstitious fears of the ignorant,
evinces, by the surprising vitality which it exhibited, its peculiar
adaptation to the purposes of legal procedure in the age when it
prevailed.
While members of the sacerdotal order were, to a certain extent,
subject to secular justice under the Visigothic polity, the reverence
with which they were universally regarded, the great power they exerted
over the institutions of the kingdom, and their superior intelligence,
which with the ignorant of all classes, invested them with mysterious
powers, rendered their appearance in courts of law most infrequent.
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