英文法律词典 C-71

COMPULSION. The forcible inducement to au act.

2. Compulsion may be lawful¹ or unlawful. 1. When a man is compelled by lawful authority to do that which be ought to do, that compulsion does not affect the validity of theact; as for example, when a court of competent jurisdiction² compels a party to execute a deed, under the pain of attachment³ for contempt, the grantor cannot object to it on the ground of compulsion. 2. But if the court compelled a party to do an act forbidden by law, or not having jurisdiction over the parties or the subject-matter, the act done by such compulsion would be void. Bowy. Mod. C. L. 305.

3. Compulsion is never presumed. Coercion⁴. (q. v.)

COMPURGATOR. Formerly⁵, when a person was accused of a crime, or sued in a civil action, he might purge⁶ himself upon oath of the accusation⁷ made against him, whenever the proof was not the most clear and positive; and if upon his oath he declared himself innocent, he was absolved⁸.

2. This usage, so eminently⁹ calculated to encourage perjury¹⁰ by impunity¹¹, was soon found to be dangerous to the public safety. To remove this evil the laws were changed, by requiring that the oath should be administered with the greatest solemnity; but the form was soon disregarded, for the mind became. easily familiarized to those ceremonies which at first imposed on the imagination, and those who cared not to violate the truth did not hesitate to treat the form with contempt. In order to give a greater weight to the oath of the accused, the law was again altered so as to require that the accused should appear before the judge with a certain number of his neighbors, relations or friends, who should swear that they believed the accused had sworn truly. This new species of witnesses were called compurgators.

3. The number of compurgators varied¹² according to the nature of the charge and other circumstances. Encyclopedie, h. t.. Vide Du Cange, Gloss¹³. voc. Juramentum; Spelman's Gloss. voc. Assarth; Merl. Rep. mot Conjurateurs.

4. By the English law, when a party was sued in debt or simple contract, detinue, and perhaps some other forms of action, the defendant¹⁴ might wage his law, by producing eleven compurgators who would swear they believed him on his oath, by which he discharged himself from the action in certain cases. Vide 3 Bl. Com. 341-848; Barr. on the Stat. 344; 2 Inst. 25; Terms de la Ley; Mansel on Demurrer, 130, 131 Wager¹⁵ of Law.

COMPUTATION counting, calculation. It is a reckoning or ascertaining¹⁶ the number of any thing.

2. It is sometimes used in the common law for the true reckoning or account of time. Time is computed¹⁷ in two ways; first, naturally, counting years, days and hours; and secondly¹⁸, civilly, that is, that when the last part of the time has once commenced, it is considered as accomplished¹⁹. Savig. Dr. Rom. 182. See Infant; Fraction. For the computation of a year, see Com. Dig. Ann; of a mouth, Com. Dig. Temps. A; 1 John. Cas. 100 15 John. R. 120; 2 Mass. 170, n.; 4 Mass. 460; 4 Dall. 144; 3 S. & R. 169; of a day, vide Day.; and 3, Burr 1434; 11 Mass. 204; 2 Browne, 18; Dig. 3, 4, 5; Salk. 625; 3 Wils. 274.

3. It is a general rule that when an act is to be done within a certain time, one day is to be taken inclusively, and one exclusively. Vide Lofft, 276; Dougl. 463; 2 Chit. Pr. 69; 3 Id. 108, 9; 3 T. R. 623; 2 Campb. R. 294; 4 Man. and Ryl. 300, n. (b) 5 Bingh. R. 339; S. C. 15, E. C. L. R. 462; 3 East, R. 407; Hob. 139; 4 Moore, R. 465; Har. Dig. Time, computation of; 3 T. R. 623; 5 T. R. 283; 2 Marsh²⁰. R. 41; 22 E. C. L. R. 270; 13 , E, C. L. R. 238; 24 E. C. L. R. 53; 4 Wasb. C. C. R. 232; 1 Ma-son, 176; 1 Pet. 60; 4 Pet. 349; 9 Cranch, 104; 9 Wheat. 581. Vide Day; Hour; Month; Year.