单词 | compurgation |
释义 | compurgationn. 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. ΘΚΠ society > law > administration of justice > court proceedings or procedure > judging > clearing oneself > [noun] > compurgation compurgationa1670 1755 in S. Johnson Dict. Eng. Lang. 1658 E. Phillips New World Eng. Words Compurgation, a Term in Law, a justifying by Oath the report or Oath of another.] a1670 J. Hacket Scrinia Reserata (1693) ii. 35 [He] was priviledged..from suspicion of Incontinency and needed no compurgation. 1681 Bp. G. Burnet Hist. Reformation: 2nd Pt. i. 165 He put in a compurgation, by which he endeavoured to show there was malice borne to him, and conspiracies against him. 1817 W. Scott Rob Roy I. ix. 195 I understand my evidence is necessary to the compurgation of ane honest gentleman here. 1873 H. Rogers Superhuman Origin 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 modern German Eideshülfe): see compurgator n. 1b.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 cent., 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 n. at wager n.2 Phrases: the accused who claimed so to purge himself was said to wage his law (vadiare legem suam). ΚΠ 1658–1755 see in 1. ] 1839 T. Keightley Hist. Eng. (new ed.) I. 78 The oath of a King's thane in compurgation was equivalent to those of six Ceorls. 1867 E. A. Freeman Hist. Norman Conquest I. vi. 573 Compurgation..was looked on as the surest proof of innocence. 1875 H. J. S. Maine Lect. Early Hist. Inst. ii. 48 Such tests of truth as Ordeal and Compurgation. This entry has not yet been fully updated (first published 1891; most recently modified version published online March 2022). < n.a1670 |
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