[243] I owe a portion of these references to a paper in the London “Jurist” for March, 1827, the writer of which instances the wager of law as an evidence of “that jealous affection and filial reverence which have converted our code into a species of museum of antiques and legal curiosities.”
[244] Wharton’s Law Lexicon, 2d ed., p. 758.
[245] I owe a transcript of these records to the kindness of the late General J. H. Lefroy, then Governor of Bermuda. The quaintness of the proceedings may justify the printing of the sentences.
Nov. Assizes, 1638.—“Arthur Thorne being presented by the minister and church wardens of Pembroke tribe [parish] upon suspition of incontinency with Elizabeth Jenour the wyfe of Mr. Anthony Jenour, was censured [sentenced] in case he could not purge himself to doe open penaunce in two churches.” He probably failed in his purgation, for Mrs. Jenour confessed her sin in open court and was referred to her minister for penance.
June Assizes, 1639. “The minister, church wardens, and sydesmen of Sandy’s Tribe doe present Mary Eldrington, the wyfe of Roger Eldrington, upon suspition of incontinency grounded on comon fame: upon which presentment she was censured to doe open penaunce in the church in case she could not purge herselfe by the oath of 3 women of credit in the Tribe.”
“Edward Bowly, presented upon suspition of incontinency with Anne, a negro woman, supposed to be the father of her bastard child, was put to his compurgators, and did thereupon purge himself, and the negro woman censured to receave 21 lashes at the whipping-post, which was executed upon her.”
“Edward Wolsey and Dorathie Penniston were presented upon common fame for suspition of incontinencie by the grand inquest, and also presented by the minister and churchwardens of Pembroke Tribe upon the like suspition, whereupon they were sentenced to doe penaunce in the church, standing in a whyte sheete during divine service, making confession of that their suspitious walking in case they could not purge themselves by their owne oathes and two sufficient compurgators.”
[246] Cooper’s Statutes at Large of South Carolina, Columbia, 1837, II. 403.
[247] Kilty’s Report on English Statutes, Annapolis, 1811, p. 140.
[248] Ego talis juro ... me firmiter credere quod talis non fuit Insabbatus, Valdensis, vel pauperum de Lugduno ... et credo firmiter eum in hoc jurasse verum.—Doctrina de modo procedendi contra Hæreticos (Martene, Thesaur. T. V. p. 1801).—This is the same as the form prescribed by the Council of Tarragona in 1242, where we learn, moreover, that the number of compurgators was prescribed by the inquisitor in each case (Aguirre, Concil. Hispan. IV. 193).