e felony and breach of the
King's peace, and the entire crime laid to his charge--"So help me God
and these hallows!" (i.e., the Gospels on which he was sworn). After
that six men had to swear that, according to their privity and
knowledge, he had made a sound oath. Then the accused repeated the oath,
and was supported by the sworn testimony of six more witnesses. So it
went on until thirty-six sworn men had testified in his favour.
With regard to the impanelling of this body it was the custom in London
to choose one of the number from the part of the city east of Walbrook
and the other half from the part west of Walbrook. They were to be of
the liberty of the city, honourable men not kinsmen of the accused; and
the selection was made in his absence. He was then summoned, and the
list of names having been read over to him, he might indicate to the
Mayor and Aldermen any that he held suspect. If he produced reasonable
grounds, the names were erased and others substituted for them. When, at
length, he was content, he placed himself in the hands of this jury as
regarded the purgation of the charge. The names of the thirty-six
persons were delivered to the Justices of the King, before whom the
accused had subsequently to appear and wage his law.
The same rules were observed in the case of the Middle Law, except that
the accused had to make only three oaths and a panel of eighteen
sufficed. In the Third Law the accused made no more than one oath and
the panel was reduced to six. These were to be of his vicinage, but not
bound to him by the tie whether of blood or marriage. Where a
non-freeman was charged with homicide, forty-two compurgators were
required, this disadvantage being due to the prejudice of the citizens
against "foreigners," of which further evidence will be adduced later.
On the other hand if the prosecution were on the part of the Crown,
seven compurgators were deemed enough, the reason being that the King
had not the personal interest in bringing a criminal to justice of a
private appellor.
The date of the election of the compurgators was fixed, at the will of
the Justices, and on that day fortnight the accused had to answer the
appeal, unless the Justices chose to assign a longer term. That is,
according to one statement. Another version sets forth that, by the law
and liberty of the city, a term of forty days was given for answer to an
appeal in a particular case; and this may mark the extreme limit us
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