Legal Definitions - purgation

Purgation refers to a historical legal process where an individual accused of a crime or wrongdoing would attempt to clear their name and prove their innocence. This was typically achieved through either a solemn oath, often supported by others, or by enduring a physical ordeal.

Historically, there were two main forms:

• Canonical purgation involved an accused person swearing an oath of innocence in an ecclesiastical (church) court. This oath was often supported by "oath-helpers" or "compurgators" – individuals who would swear to the accused's good character and belief in their innocence, rather than to the facts of the case itself.
• Vulgar purgation, on the other hand, involved subjecting the accused to a physical ordeal to determine guilt or innocence. Common ordeals included handling hot irons, being thrown into cold water, or engaging in trial by combat. The outcome of the ordeal (e.g., healing of a wound, floating or sinking in water) was believed to be a divine judgment revealing the truth. After 1215, the Church largely withdrew its sanction for these physical ordeals, leading to their decline.

Here are some examples illustrating purgation:

• Example 1 (Canonical Purgation): Imagine a medieval villager named Thomas, accused in the local bishop's court of failing to pay his tithes to the church. To clear his name, Thomas would undergo canonical purgation. He would swear a solemn oath before the ecclesiastical judge that he had indeed paid his due. Crucially, he would need several respected members of the community – his neighbors or fellow guild members – to act as oath-helpers. These individuals would then swear that they believed Thomas's oath to be true and that he was a man of good standing. If enough oath-helpers supported him, Thomas would be declared innocent of the accusation.

  This illustrates canonical purgation because Thomas is clearing himself of an accusation in a church court through an oath supported by the sworn belief of his oath-helpers, who attest to his character rather than directly to the facts of the payment.

• Example 2 (Vulgar Purgation - Ordeal by Hot Iron): Consider a scenario in a 10th-century Anglo-Saxon kingdom where a farmer, Eadwig, is accused by a rival of stealing livestock. With no direct witnesses, Eadwig might be ordered to undergo vulgar purgation by the ordeal of hot iron. He would be required to carry a red-hot iron bar for a specified distance. His hand would then be bandaged and inspected three days later. If the wound was healing cleanly and showed no signs of infection, it was believed that God had intervened to show his innocence. If the wound festered, he would be deemed guilty.

  This exemplifies vulgar purgation because Eadwig is attempting to clear himself of a serious accusation through a physical ordeal (handling hot iron), where the outcome is interpreted as a divine judgment of his guilt or innocence.

• Example 3 (Vulgar Purgation - Ordeal by Water): In a 12th-century French village, a woman named Isabelle is suspected of poisoning her neighbor's well, leading to illness among the villagers. To prove her innocence, Isabelle might be subjected to the ordeal of cold water. She would be bound and lowered into a consecrated body of water. If she sank, it was believed the pure water accepted her, signifying her innocence. If she floated, it was thought the water rejected her, indicating guilt.

  This demonstrates vulgar purgation as Isabelle is clearing herself of a grave accusation through a physical trial (ordeal by cold water), where the outcome is interpreted as a supernatural sign of her guilt or innocence.