Legal Definitions - probator

A probator was a historical legal term for an accused individual who confessed to their own involvement in a crime but, at the same time, accused another person of also participating in that same offense. Crucially, the probator was then expected to provide evidence or undertake to prove the guilt of the alleged accomplice. This concept is no longer part of modern legal systems.

Here are some examples illustrating the historical concept of a probator:

• Imagine a scenario in a medieval town where a blacksmith, Arthur, is caught and confesses to stealing a valuable horse from the stable master. However, Arthur claims that his apprentice, Ben, not only helped him plan the theft but also acted as a lookout during the act. In this situation, Arthur would be considered the probator because he has confessed to his own crime but is simultaneously accusing Ben and would be expected to provide proof of Ben's complicity.

• Consider a historical case of sedition against a monarch. A courtier, Lady Eleanor, is apprehended and admits to participating in a plot to overthrow the king. During her confession, she names Lord Frederick, a powerful nobleman, as the true mastermind and leader of the conspiracy, offering to reveal documents and witnesses to prove his involvement. Lady Eleanor, by confessing her part and implicating Lord Frederick with a commitment to prove his guilt, would be acting as a probator.

• In a past legal system, if a merchant, Mr. Davies, was arrested for smuggling prohibited goods and confessed to his role in the operation, but then asserted that his competitor, Mr. Evans, supplied the funds and arranged the illicit transport, Mr. Davies would be a probator. He has admitted his own wrongdoing while simultaneously accusing Mr. Evans and would be required to present evidence to substantiate his claims against his competitor.