Compurgation facts for kids

Compurgation was an old way people could try to prove they were innocent in a legal dispute. If someone was accused of doing something wrong, they could bring a group of people, usually twelve, to court. These people would then swear an oath that they believed the accused person was telling the truth and was innocent. It was like having character witnesses, but their sworn belief was the main evidence.

How Compurgation Worked

Compurgation was a common practice in many ancient legal systems, especially in Europe during the Middle Ages. It was used when there wasn't much physical evidence or many witnesses to an event. Instead of looking for clues or detailed testimonies, the court relied on the good reputation of the accused person and the trustworthiness of their friends or neighbors.

The Oath-Helpers

The people who swore the oath for the accused were called "oath-helpers" or "compurgators." They didn't have to know exactly what happened. Their job was simply to swear that they believed the accused person was honest and therefore innocent of the accusation. It was thought that if a person could find enough respected members of their community to swear on their behalf, they must be telling the truth.

Why Was It Used?

In times long ago, communities were often small and everyone knew each other. A person's reputation was very important. If someone was known to be honest and trustworthy, it was hard for others to believe they would lie, especially under oath. Compurgation was a way to decide cases based on a person's standing in their community rather than on detailed investigations.

Compurgation in England

In England, compurgation was used for a long time. However, it started to change in the 12th century.

The End of Compurgation

A big change happened in 1164 when King Henry II introduced new laws called the Constitutions of Clarendon. These laws aimed to make the legal system more organized. For serious accusations, compurgation was mostly stopped in what was called "common law" courts. These courts started to use other methods, like juries and evidence, to decide cases.

However, compurgation was still allowed for some less serious cases, especially those involving debt. For example, if someone claimed you owed them money, you could still use compurgation to prove you didn't.

Final Abolition

Over many centuries, as legal systems became more modern and focused on evidence, compurgation was used less and less. Finally, in 1833, it was completely abolished in England. This meant that it could no longer be used as a legal defense in any type of court case.

Images for kids

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  A robot representing a modern approach to problem-solving, contrasting with ancient legal methods.