Swearing to Innocence: Unpacking the Curious Case of Wager of Law
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Swearing to Innocence: Unpacking the Curious Case of Wager of Law
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About this listen
Ever imagined dodging a debt just by swearing you didn't owe it, with eleven of your neighbors vouching for you? Welcome to the world of wager of law in Old England, a formal legal procedure where a defendant could deny a charge under oath, backed by compurgators swearing they believed him.
In this episode, we delve into the ancient roots of this practice, tracing it back to Roman and Mosaic law. We explore why it existed, the idea of community reputation as a form of evidence, and the formal oaths and ceremonies involved, including the defendant's oath of defidelitate and the compurgators' oath of credulitate.
Discover the variations and limitations of wager of law, its use in both civil and, surprisingly, even criminal cases, and the reasons behind its eventual decline and replacement by jury trials.
Join us to unravel this peculiar piece of legal history and consider whether echoes of relying on reputation still linger today.
Study Guide available on Amazon