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compurgation

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compurgation (kŏm'pərgā`shən), in medieval law, a complete defense. A defendant could establish his innocence or nonliability by taking an oath and by getting a required number of persons to swear they believed his oath. Compurgation, also called wager of law, was found in early Germanic law and in English ecclesiastical law until the 17th cent. In common law it was substantially abolished as a defense in felonies by the Constitutions of Clarendon (1164). Compurgation was still permitted in civil actions for debt, however, and vestiges of it survived until its final abolition in 1833. It is doubtful whether compurgation ever existed in America.


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13) Anglo-Saxon England had two trial methods: compurgation, where 12 juratores (those sworn) evaluated a case using their knowledge of the disputants and the alleged offenses; and ordeal, such as ordeal by hot water/stone, by consecrated bread, or by cold water.
Hutson's aside about compurgation being "medieval folklaw," however, seems odd.
The response from mainstream society to quotidian and frequent interaction between members of the three religions consisted in a manipulation of this concept to protect their women from Muslim and Jewish men and avoid the compurgation that, in fact, seems to characterize the popular orders.
 
 
 
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