Although in the revision of this volume for a fourth edition there has not been found much to alter, considerable additions have been made which render the survey of the subject more complete. In revising the essays on the Wager of Battle and the Ordeal I have had the advantage of the labors of two recent writers, Dr. Patetta, whose “Le Ordalie” is an extended and philosophical investigation into the whole topic of the Judgments of God, and George Neilson, Esq., whose “Trial by Combat” is a complete account, from the original sources, of the history of the judicial duel in Great Britain. Mr. Neilson has also had the courtesy to communicate to me the results of his further studies of the subject. I therefore indulge the hope that the present edition will be found more worthy of the favor with which the work has been received. PHILADELPHIA, October, 1892. CONTENTS. 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.