Legal Definitions - vulgaris purgatio

Vulgaris Purgatio

Vulgaris purgatio refers to a historical legal procedure, predominantly used in medieval Europe, where an accused individual could clear themselves of an accusation by taking a solemn oath of innocence. This oath had to be supported by a specified number of "oath-helpers" or "compurgators." These oath-helpers would swear to the accused's good character and credibility, rather than directly to the facts of the case itself. It was a formal, ritualistic method of proof, distinct from physical trials such as trial by ordeal or combat.

• Example 1: Accusation of Theft in a Village
  Imagine a medieval villager, Elara, is accused by her neighbor of stealing a piglet. Instead of a trial where evidence like footprints or witness accounts would be presented, the local lord's court allows Elara to perform vulgaris purgatio. Elara takes a solemn oath before the court, swearing her innocence. She then presents six respected members of the community—her oath-helpers—who also swear that they believe Elara to be a truthful and honorable person, incapable of such a crime. If all oaths are successfully taken without faltering, Elara is declared innocent.
  This example illustrates vulgaris purgatio because Elara is cleared of the accusation not by factual evidence proving she didn't steal the piglet, but by her own sworn oath of innocence, bolstered by the supporting oaths of others attesting to her good character and credibility.
• Example 2: A Dispute Over a Loan Between Merchants
  Consider two merchants, Thomas and Robert, in a bustling medieval town. Robert accuses Thomas of failing to repay a small loan, but there's no written contract or independent witnesses to the transaction. To resolve the dispute, Thomas is permitted to undergo vulgaris purgatio. Thomas swears an oath that he either never received the loan or has already repaid it. He then brings forward three fellow guild members, known for their integrity, who swear oaths affirming Thomas's honesty and trustworthiness in business dealings.
  Here, the resolution of the financial dispute relies entirely on Thomas's sworn statement and the collective oaths of his peers vouching for his integrity, rather than a detailed examination of financial records or direct testimony about the loan itself.
• Example 3: A Minor Assault in a Rural Setting
  Suppose two peasants, Finn and Gareth, get into an argument that escalates into a physical altercation, and Finn accuses Gareth of initiating the fight and causing him injury. With no clear witnesses or definitive physical evidence, the local justice system offers Gareth the option of vulgaris purgatio. Gareth takes an oath denying Finn's accusation, stating he acted only in self-defense. He then gathers five family members and neighbors who are willing to swear that Gareth is generally a peaceful individual and would not start a fight without provocation.
  This scenario demonstrates vulgaris purgatio as Gareth's innocence is established through his formal oath and the collective sworn testimony of others vouching for his character and peaceful nature, rather than through a modern-style investigation into the facts of the assault.