WAGER OF LAW was a mode of trial where the defendant was permitted, as it was said, "to make his law," that was," to take an oath (for example) that he oweth not the debt demanded of him upon a simple contract, nor any penny thereof ; " " but he ought to bring with him eleven persons of his neighbours that will avow upon their oath that in their consciences he saith truth ; so that he himself must be sworn de fidelitate, and the eleven de eredulitate." This form of trial was not allowed save when the debt arose by word only, and might have been satisfied in secret without witnesses. It was not per mitted as to any debt arising on specialty, or where a contempt, tres pass. deceit, or injury was supposed in the defendant ; but only In some cases, in debt, detinue, or account; and also in a real action where the tenaet alleged that he was not legally summoned. Neither was it permitted to an infant, nor to a person outlawed or infamous, nor in a suit on behalf of or for the benefit of the crown, nor to executors or administrators in matters relating to the debts of their testator. Where admitted, however, it was conclusive, and barred the party for ever.
This mode of trial acorns to have existed at a very early period in the history of nations. It was part of the law of Noses, that " If a man deliver unto his neighbour an ass, or an ox, or a sheep, or any beast to keep, and it die, or be hurt, or driven away, no man seeing it ; then shall an oath of the Lord be between them both, that ho bath not put his hand unto his neighbour s goods, and the owner of it shall accept thereof, and he shall not make it good." (Exod.. xx. I0) The prac
tice of trying by the oaths of the parties to a suit prevailed in the civil law, where either of the parties might refer the matter to the oath of his adversary ; and if he did not accept it, or justify his refusal of it, the judge decided against him. The whole proceeding is prescribed at length in Cod. Justin.,' iv. 1, 12. The clergy, also, in the earlier ages were generally admitted to this mode of defence. It was also one of the customs of London in the sheriffs' court. But in this country it ultimately gave dissatisfaction. " Men's consciences," as Lord Coke says, "grew so large," that the presumption of law that no man would forswear himself ceased to be much relied on Other forms of actions were brought, such as assumpsit and trover, in which the wager of law could not be had ; and eventually, by 3 & 4 Wm. IV., e. 42, a. 83, the whole proceeding was abolished.