Purgation, in the past, was utilised as a means to establish one’s innocence in the face of a crime or accusation. Various methods were employed to cleanse oneself, including taking an oath or undergoing trials involving fire, hot irons, combat, or cold water. However, the church exclusively sanctioned purgation by oath-helpers, deeming other methods as crude and prohibited after 1215.
Purgation is the act of cleansing or clearing oneself of a crime or accusation through an oath or ordeal. There are two types of purgation: canonical and vulgar. Canonical purgation involves oath-helpers in an ecclesiastical court, while vulgar purgation involves methods like fire, hot irons, battle, or cold water. The term “vulgar” was used because it lost church sanction after 1215. For example, canonical purgation would require someone accused of a crime in a church court to prove their innocence through an oath and character references. On the other hand, vulgar purgation might involve a trial by combat or walking across hot coals to establish innocence. These examples demonstrate how purgation was historically used to determine guilt or innocence. It was believed that the innocent could undergo the ordeal unharmed, while the guilty would face punishment.
Purgation is a legal process where a person accused of a crime can clear their name by taking an oath or making a solemn declaration of their innocence.
Purgation is typically used in cases where there is not enough evidence to convict someone of a crime, but there is still suspicion or doubt about their involvement.
Purgation can be requested by the accused or their legal representative.
The accused will be required to take an oath or make a solemn declaration of their innocence in front of a judge or other legal authority.
If the accused refuses to undergo purgation, they may be considered guilty by default and face punishment for the crime they are accused of.
Purgation is typically only used in cases where the crime is not considered to be very serious, such as minor theft or fraud.
Purgation is not commonly used in modern legal systems, as it is seen as an outdated and unreliable method of determining guilt or innocence.
If the accused is found guilty after undergoing purgation, they will face punishment for the crime they are accused of.
Purgation is not considered to be a reliable form of evidence and is not typically used in other legal proceedings.
The results of purgation can be appealed, but it is unlikely that an appeal would be successful as purgation is not considered to be a reliable method of determining guilt or innocence.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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