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 II. THE WAGER OF BATTLE. CHAPTER I. Natural tendency to appeal to Heaven 101 Distinction between the Judicial Combat and the Duel 103 CHAPTER II. ORIGIN OF THE JUDICIAL COMBAT. A prehistoric Aryan custom 107 CHAPTER III. UNIVERSAL USE OF THE JUDICIAL COMBAT. Its form Christianized into an appeal to God 117 Causes of its general employment 118 Practice of challenging witnesses 120 of challenging judges 123 CHAPTER IV. CONFIDENCE REPOSED IN THE JUDICIAL DUEL. Its jurisdiction universal 127 Implicit faith reposed in it 135 CHAPTER V. LIMITATIONS IMPOSED ON THE WAGER OF BATTLE. Respective rights of plaintiff and defendant 140 Minimum limit of value 147 Questions of rank 148 Liability of women to the Combat 152 of ecclesiastics 155 The Combat under ecclesiastical jurisdiction 161 Not recognized in mercantile law 165 CHAPTER VI. REGULATIONS OF THE JUDICIAL COMBAT. Penalty for defeat 166 _Lex talionis_ 169 Security required of combatants 173 Penalty for default 174 Choice of weapons 176 CHAPTER VII. CHAMPIONS.