| 释义 |
compurgation|kɒmpɜːˈgeɪʃən|
[ad. L. compurgātiōn-em, n. of action f. compurgāre to purify completely; but cf. compurgator. In 15th c. F. compurgacion.]
1. The action of clearing a man from a charge or accusation by the oaths of a number of others (called from its use in the Canon Law, Purgatio canonica); also, more generally, Clearing or purgation from a charge, vindication; evidence or testimony to this effect.
[1658Phillips, Compurgation, a Term in Law, a justifying by Oath the report or Oath of another. 1755in Johnson.] a1670Hacket Abp. Williams ii. (1692) 35 [He] was priviledged..from suspicion of Incontinency and needed no compurgation. 1681Burnet Hist. Ref. ii. i. 165 He put in a compurgation, by which he endeavoured to show there was malice borne to him, and conspiracies against him. 1818Scott Rob Roy ix, I understand my evidence is necessary to the compurgation of ane honest gentleman here. 1873H. Rogers Orig. Bible viii. 321 note, This fact is a sufficient compurgation from the charge.
2. esp. Applied by modern historians to the Old English mode of trial and purgation by means of the ǽwdan or consacramentales, then called áðfultum, ‘oath-help’ or ‘oath-support’ (in mod.Ger. Eideshülfe): see compurgator 1 b.
This mode of trial, so prevalent among the old Teutonic peoples, began to lose its importance as trial by Jury and other processes came up in the 12th c., esp. after the Assize of Clarendon in 1166; but in privileged burghs, and in certain civil actions, e.g. for debt, it came down to modern times, being finally abolished only in 1833 by 2 & 3 Will. IV. c. 42 §13. But the term compurgation was not known to the Common Law, where the technical name was wager of law: the accused who claimed so to purge himself was said to wage his law (vadiare legem suam).
[1658–1755see in 1] .1839Keightley Hist. Eng. I. 78 The oath of a King's thane in compurgation was equivalent to those of six Ceorls. 1867Freeman Norm. Conq. (1876) I. vi. 514 Compurgation..was looked on as the surest proof of innocence. 1875Maine Hist. Inst. ii. 48 Such tests of truth as Ordeal and Compurgation. |