Compurgator

One of several neighbors of a person accused of a crime,_ or charged as a defendant in a civil action, who appeared and swore that they believed him on his oath. 3 Bl. Comm. 341. COMPUTUS (Lat, computare, to account). A writ to compel a guardian, bailiff, receiver, or accountant to yield up his accounts. It is founded on St. Westminster II. c. 12; Reg. Orig. 135. COMTE (Fr.; Lat. comes). Count. A title of office in the ancient law of France, denoting a governor of a particular territory or district, who united the characters of a military leader and a judge. As a judge, he had an equal jurisdiction with the missiis 'dominicus, or king's commissary. Esprit des Lois, liv. 28, c. 28; Id. liv. 30, c. 18. As a military officer, he commanded the freemen, and led them to the field. Id. liv. 30, cc. 17, 18. Montesquieu says he was at the head of all the freemen of the monarchy. Id. liv. 31, c. 23. See, also. Id. liv. 30, c. 18; Id. liv. 31, c. 1. The comte was subordinate to the due (duke). Guyot, Inst. Feud. c. 1, § 8. See "Comes"; "Count." In later times, a title of nobility. Boulainvilliers Etat de la France, iii. 56; Barr. Obs. St. 31.

One of several neighbors of a person accused of a crime or charged as a defendant in a civil action, who appeared and swore that they believed him on his oath. 3 Bla. Com. 341. Formerly, when a person was accused of a crime, or sued in some kinds of civil actions, he might purge himself upon oath of the accusation against him, whenever the proof was not the most clear and positive; and if upon his oath he declared himself innocent, he was absolved. This usage, so eminently calculated to encourage perjury by impunity, was soon found to be dangerous to the public safety. To remove this evil, the laws were changed, by requiring that the oath should be administered with the greatest solemnity; but the form was soon disregarded, for those who cared not to violate the truth did not hesitate to treat the form with contempt. In order to give a greater weight to the oath of the accused, the law was again altered so as to require that the accused should appear before the judge with a certain number of his neighbors, who were freeholders of the hundred, who should swear that they believed the accused had sworn truly. This new species of witnesses were called compurgators. If it was his first offence or if his compurgators did not agree to make the oath, he was put to the ordeal (q. v.). The origin of the system lies back in the history of the Teuton race. It is said still to survive in the practice of the criminal courts by which an accused person is allowed to call witnesses as to his character, as a defence, while the prosecution is not allowed to traverse their testimony. Inderwick, The King's Peace. See Wager of Law. The number of compurgators varied according to the nature of the charge and other circumstances, and the rank of the party — formerly, from two to five; later the practice was twelve. See 2 Holdsw. Hist. E. L. See Du Cange, Juramentum; Spelman, Gloss. Assarth; Termes de la Ley; 3 Bla. Com. 341-348. The last reported case is 2 B. & C. 538; see 2 Poll. & Maitl. 600.

I In old European law. One who purged another from an accusation or charge, as in the trial by wager of law, or in the trial of a clerk for felony, by swearing with or after him, to a belief in his non-indebtedness, or his innocence. Of these compurga-

One of severa neighbors of a person aceused of a crime, o1 charged as a defendant in a civil action, whe appeared and swore that they believed him on his oath, 3 BJ. Comm. 341. account or estimation of time by rule of law, as distinguished from any arbitrary construction of the parties. Cowell.

/. The eleven,persons who swore with the defendant, in a trial by wager of law, that he was not guilty, or did not owe the plaintiff anything; the twelve persons who swore with the defendant that he was not guilty, in the trial of a clerk for felony, v. Wager of taw. Benefit of clergy.

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.

Formerly when a person was accused of a crime, or sued in a civil action, he might purge himself upon oath of the accusation made against him, whenever the proof was not the most clear and positive; and if upon his oath he declared himself innocent, he was absolved. This usage so eminently calculated to create fraud, and encourage perjury by impunity, was soon found to be dangerous to the public safety. To remove this evil the laws were changed by requiring that the oath should be administered with the greatest solemnity; but the form was soon disregarded, for the mind became easily familiarized to those ceremonies which at first imposed on the imagination, and those who cared not to violate the truth, did not hesitate to treat the form with contempt; in order to give a greater weight to the oath of the accused the law was again altered so as to require that the accused should appear before the judge with a certain number of his neighbours, relations or friends, who should swear that they believed that the accused had sworn truly. This new species of witnesses were called compurgators. The number of compurgators varied according to the nature of the charge and other circumstances. Encyclopedie, h. t. Vide Du Cange, Gloss. voc. Juramentum; Spelman's Gloss. voc. Assarth; Merl. Rep. mot Conjurateurs. By the English law, by producing eleven compurgators who would swear they believed him on his oath, the defendant might wage his law, by which he discharged himself from the action in certain cases. Vide 3 Bl. Com. 341-348.