Legal Definitions - wager of law

Wager of law was a historical legal procedure, primarily used in medieval England, where a defendant could prove their innocence or deny a claim (often related to debt or minor offenses) by taking a solemn oath that the accusation against them was false. This oath had to be supported by a specific number of "compurgators" (also known as oath-helpers), who would also swear an oath. Crucially, these compurgators did not swear to the facts of the case or claim to have witnessed the events; instead, they swore that they believed the defendant's oath to be truthful, based on their knowledge of the defendant's good character and credibility. Essentially, it was a defense mechanism heavily reliant on the defendant's reputation and the community's trust in their word.

• Example 1: A Dispute Over a Loan

  Imagine a medieval villager, Elara, is accused by a local merchant, Thomas, of failing to repay a small loan for a sack of flour. Elara insists she repaid Thomas weeks ago, but has no receipt or witness. To defend herself using wager of law, Elara would appear before the court and solemnly swear an oath that she had indeed repaid the debt. She would then bring forward several respected members of the village—perhaps the local baker, the blacksmith, and a wise elder—who would each swear an oath that they believed Elara's sworn statement to be true, based on her reputation as an honest and trustworthy person in the community. If Elara and her compurgators successfully completed their oaths without error, she would be cleared of the debt.

  How it illustrates the term: This example shows Elara, the defendant, making a sworn statement denying the claim. Her compurgators then vouch for her credibility and truthfulness, not for the fact that they witnessed the repayment itself, which is central to the concept of wager of law.

• Example 2: Accusation of Damaging Property

  Consider a scenario where a farmer, John, is accused by his neighbor, Robert, of allowing his cattle to stray into Robert's fields and damage his crops. John denies the accusation, claiming his fences were secure and his cattle were always contained. To use wager of law, John would take an oath before the local court, swearing that his cattle did not cause the damage. He would then present a number of his fellow farmers or other reputable villagers as compurgators. These compurgators would swear that they believed John's oath to be true, based on their knowledge of his character as a diligent and honest farmer who takes good care of his livestock and property boundaries.

  How it illustrates the term: Here, John is denying a specific accusation of wrongdoing. The compurgators are not testifying that they saw John's cattle in their pens at the time of the alleged damage, but rather that they trust John's word and believe his oath because of his known integrity, demonstrating the reliance on reputation over direct evidence.