Compurgator

Lat. [from con, together, and purgare, to purge or clear.] In old European law. One who purged another from an accusation or charge, by swearing with, or after him, that he believed his oath of his own innocence.* In the old mode of trial by wager of law, the defendant first himself swore that he did not owe the plaintiff any thing, and then produced (usually) eleven compurgators, who swore after him that they believed in their consciences that he spoke the truth.

8 Bl. Com. 342, 343. 3 Steph. Com. 525. Co. Litt. 295.

Bract, fol.

410.

See Law, Wager of law. The trial by compurgators feeems to have been equally known to the British, Saxon and Norman laws, as well as to the laws of the barbarous nations of the continent. Spelman, voc.

Assath. Crob Vs Hist. Eng. Law, 30.

Grand Coustum. c.

85. [26.] Esprit des Lois, liv. 28, c. 13.

It was anciently confined to charges oi crime, and was conducted by the compurgators laying their hands on the gospels, or on some relics, and the party accused laying his hand over all the rest, and swearing by God and all the hands under him, that he was not guilty of the crime laid to his charge. The compurgators were supposed, by this act, to declare upon their oaths, that they believed he had sworn the truth, and the party himself was said to swear by any given number of hands, according to the number of persons joining in the oath. Ducange, voc.

Juramentum

Hence the phrase jurare duodecimal mxinu, and the name of compurgators, as contributing by their oaths to purge the party of the crime laid to his charge. Crabb's Hist. ub. sup. The feudists called them sacramentales. Lib. Feud. tit.

4, sect.

3. and tit.

10, and 26.

Cowell, voc. Law. They were also termed consacram>entales and conjuratores. Spelman, voc. Lex, Legem vadiare.