I.

THE WAGER OF LAW.

## CHAPTER I.

RESPONSIBILITY OF THE KINDRED.

PAGE

Crime originally an offence against individuals 13 Tribal organization—Responsibility of kindred 14 Compensation for injuries—The _Wer-gild_ 17

## CHAPTER II.

THE OATH AND ITS ACCESSORIES.

Perplexities as to evidence 21 Guarantees required for the oath 25

## CHAPTER III.

CONJURATORS, OR PARTAKERS IN THE OATH.

The Wager of Law a prehistoric Aryan custom 33 It is adopted by the Church 35

## CHAPTER IV.

SELECTION OF COMPURGATORS.

They are originally the kindred 38 Strangers admitted 41 Numbers required 43 Modes of selection 47

## CHAPTER V.

CONDITIONS OF COMPURGATION.

Employed in default of testimony 52 Except in Wales 54 Dependent on importance of case 56 As an alternative for the Wager of Battle 57

## CHAPTER VI.

FORMULAS AND PROCEDURE.

Forms of compurgatorial oath 58 Modes of administration 60 Qualified confidence reposed in Compurgation 61 Conjurators liable to penalties of perjury 63

## CHAPTER VII.

DECLINE OF COMPURGATION.

Early efforts to limit or abolish it 67 The oath no longer a positive asseveration 71 Influence of revival of Roman law 73 Conservatism of Feudalism 76 Gradual disappearance of Compurgation in Continental Europe 78 Preserved in England until 1833 84 Traces in the British colonies 87 Maintained in the Church and in the Inquisition 88

## CHAPTER VIII.

ACCUSATORIAL CONJURATORS.

Employed by the Barbarians 94 Maintained until the sixteenth century 98