Legal Definitions - duodecima manus

Duodecima manus is a Latin term that literally translates to "twelve men." In historical English law, it referred to a specific legal practice known as "wager of law" or "compurgation." This practice allowed a defendant, typically in cases involving debt or minor offenses, to clear themselves of an accusation not by presenting evidence or witnesses in the modern sense, but by swearing an oath of innocence. Crucially, this oath had to be supported by the oaths of eleven other individuals, known as "compurgators." These compurgators, usually neighbors or respected members of the community, would swear that they believed the defendant's oath was true. The defendant, along with these eleven compurgators, formed the "duodecima manus," a collective group of twelve whose sworn testimony was considered sufficient to resolve the case in the defendant's favor.

Here are some examples illustrating the concept of duodecima manus:

• Imagine a scenario in a medieval village where a local merchant is accused of failing to repay a small loan. Instead of a lengthy trial with evidence, the merchant invokes the right of wager of law. He appears before the local court and swears an oath that he has indeed repaid the debt. To make this oath legally binding and clear his name, he brings with him eleven respected members of the community – perhaps the village elder, the blacksmith, and several prominent farmers – who then each swear an oath that they believe the merchant is telling the truth. This collective group of twelve, the merchant plus his eleven compurgators, constitutes the duodecima manus, and their combined oaths would typically result in the merchant being cleared of the accusation.

• Consider a dispute in a 13th-century guild where a craftsman is accused by a rival of shoddy workmanship, which could lead to his expulsion from the guild. To defend his reputation and livelihood, the craftsman chooses to clear himself through a form of compurgation. He takes an oath before the guild masters asserting the quality of his work. To support this, he presents eleven fellow guild members, all respected for their integrity and skill, who publicly swear that they believe in his honesty and the excellence of his craft. In this context, the craftsman and his eleven supporters form the duodecima manus, whose collective affirmation serves to uphold his standing within the guild.

• In an early feudal court, a tenant farmer is accused by his lord's steward of poaching deer from the lord's forest. The farmer vehemently denies the charge. Given the lack of direct evidence, the farmer is permitted to clear himself by oath. He swears before the lord's court that he is innocent. To lend weight to his oath, he brings eleven other tenant farmers from the same manor, men known for their piety and honesty, who each swear that they believe the accused farmer's oath of innocence to be true. This group of twelve, the accused farmer and his eleven compurgators, functions as the duodecima manus, and their collective sworn belief would typically be accepted as proof of his innocence.