Compurgation is a legal term that refers to the act of proving innocence or guilt by the oaths of other individuals. It is pronounced as /kəmˌpərɡˈeɪʃən/ with the stress on the second syllable. The first syllable is pronounced as "kuhm" with a short "u" sound. The second syllable is pronounced as "puhr" with a short "u" sound followed by an "r" sound. The third syllable is pronounced as "gey" with a long "a" sound followed by a "y" sound. The last two syllables are pronounced as "shuhn" with a short "u" sound followed by an "n" sound.
Compurgation, also known as trial by oath, is a legal procedure utilized in medieval and early modern Europe. It is a form of proof or evidence in which an accused individual can clear their name by presenting a group of credible individuals who will testify, through taking an oath, that the accused is telling the truth. Compurgation was typically employed in cases where there was a lack of conclusive evidence, such as in the absence of witnesses or physical proof.
The process of compurgation involved gathering a specific number of oath-helpers, also known as compurgators, who were individuals of good standing in the community. The number of compurgators required depended on the severity and nature of the crime. These compurgators would publicly declare their belief in the accused's innocence, swearing on their own reputations that the accused was not guilty.
The legal practice of compurgation was rooted in the belief that a person's good reputation was a reflection of their honesty and trustworthiness. Therefore, the testimony of multiple upstanding individuals would provide strong evidence in favor of the accused. However, if the accused failed to gather the required number of compurgators or if any of the compurgators were found to have doubtful character, the accused would be deemed guilty.
Compurgation gradually fell out of use as legal systems evolved and shifted towards more empirical methods of establishing guilt or innocence, such as the introduction of trial by jury. Nevertheless, it played a significant role in early legal practices, offering a means for individuals to exonerate themselves through the oaths of trusted community members.
The practice of confirming any man's veracity by the testimony of another.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
The word "compurgation" derives from the Latin term "compurgatio", which consists of two components: "com-" meaning "together" or "with", and "purgatio" meaning "purification" or "exoneration". In medieval legal contexts, compurgation referred to a method of trial by oath-taking, particularly in cases where an individual was accused of a crime. The accused person would gather a group of individuals, known as "compurgators", who would swear an oath supporting the innocence of the accused. This collective oath-taking process aimed to exonerate the accused through the collective credibility of their compurgators. Over time, the term "compurgation" came to be associated with this specific legal procedure.