COMPERTORIUM

4 definitions found across Law Mind sources

COMPERTORIUMAuthored
The Law Mind • 549 words
Definition
A compertorium is a report produced by a judicial inquest conducted through delegates or commissioners appointed to investigate a matter and relate the truth of a cause to the court or authority that commissioned them. The term belongs to the civil law tradition and describes both the process of delegated factual inquiry and the written record that results from it.
Why It Matters in Research
This term appears almost exclusively in historical legal sources dealing with ecclesiastical courts, canon law proceedings, and civil law matters in England before and during the period of Reformation-era church court reform. Researchers encountering the term in primary sources — particularly records of visitations, ecclesiastical inquiries, or proceedings in courts operating under Roman or canon law influence — should understand that a compertorium is the documentary output of a delegated investigation, roughly analogous to a modern commissioner's report or special master's findings, but arising within a civilian procedural framework. The most important navigational point: this term does not appear in common law sources in any functional sense. If you encounter it in an English legal record, you are almost certainly looking at an ecclesiastical court document, a record of a church visitation, or a source that draws on civilian procedure. Burrill's citation to Kennett's Parochial Antiquities (a work on English church history and parish administration) confirms that the term's practical habitat in English sources is ecclesiastical and antiquarian rather than common law. Rapalje & Lawrence similarly cite Parochial Antiquities, reinforcing this research context. Note also that Bouvier's entry runs the compertorium definition directly into the separate entry for comperuit ad diem — a common formatting artifact in older dictionary editions where entries bleed together. Researchers using digitized versions of Bouvier should be alert to this boundary confusion and not treat the bail bond pleading material as part of the compertorium definition.
Historical Dictionary Support
All five source dictionaries are in substantial agreement: a compertorium is a judicial inquest by delegates or commissioners to find out and relate the truth of a cause. The definitions are nearly identical across Black's (both editions), Bouvier's, Rapalje & Lawrence, and Burrill's, suggesting all draw from a common older source, likely Cowell's Interpreter or a related civilian law glossary. Burrill is the most informative of the group, adding the Latin derivation from comperire (to discover) and the specific citation to Kennett's Parochial Antiquities, which grounds the term in English ecclesiastical practice rather than purely abstract Roman law. No source provides meaningful procedural detail about how a compertorium was constituted, what authority could commission one, or how findings were received and acted upon. The historical dictionaries treat the term as sufficiently self-explanatory to require only a sentence of definition. Researchers needing procedural depth will need to look beyond these dictionaries to treatises on canon law or ecclesiastical court practice.
Jurisdictional Note
The compertorium belongs to the civil and canon law traditions, not the English common law. Its practical relevance in English-language legal sources is largely confined to ecclesiastical court records and historical treatments of pre-Reformation and Reformation-era church administration.
Related Terms
DelegateCommissionerSpecial MasterJudicial InquestCanon LawEcclesiastical CourtVisitation (ecclesiastical)Comperuit Ad Diem (adjacent Bouvier entry; distinct concept)
COMPERTORIUMmain
Black's Law Dictionary • 1891
In the civil law. A judicial inquest made by delegates or com- missioners to find out and relate the truth of a cause.
COMPERTORIUMmain
Bouvier's Law Dictionary • 1928
In the Civil Law. A judicial inquest by delegates or commissioners to find out and relate the truth of a cause. Wharton. COMPERUIT AD DIEM (Lat. he appeared at the day). In Pleading. A plea in bar to an action of debt on a bail bond. The usual replica- tion of this plea is, nul tiel record that there is not any such record of appearance of the said. For forms of this plea, see 5 Wentworth 470; Lilly, Entr. 114; 2 Chit. Pl. 527. When the issue is joined on this plea, the trial is by the record. See 1 Taunt. 23; Tidd, Pr. 239. And see, generally, Comyns, Dig. Pleader (2 W. 31); 7 B. & C. 478.
COMPERTORIUMmain
Rapalje & Lawrence • 1888
-A judicial inquest in the civil law, made by delegates or commissioners to find out and relate the truth of a cause. Paroch. Antiq. 575. pensation of guilt. A term used by the canonists. Where husband and wife had both been 248, 251. guilty of adultery, there was, according to the doctrine of the Canon Law, a compensatio criminum, i. e. the guilt of the one was neutralized by that of the other, and both were restored to the position of innocent persons, i. e. neither could have a divorce. This doctrine has been held not to be part of the law of England. Hope v. Hope, 1 Swab. & T. 94; S. C. 27 L. J. P. & M. 43. But see Seaver v. Seaver, 2 Swab. & T. 665. The doctrine is fully sustained in America, and the plea setting up the plaintiff's adultery is called "the plea of recrimination."

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