oduced into England by the Normans. "It
was the last and most solemn resort to try titles to real estate."
[Footnote: Dole's Talks about Law, p. 53.] The duel remained until
recently, and indeed yet remains in some countries, as a reminder of that
time. And disputes between countries are even now, almost without
exception, settled by an appeal to arms. Perhaps the thought is that "he
is thrice armed that hath his quarrel just." Sometimes when one of the
boys is too small to fight for his rights, another boy will take his part
and fight in his stead. Similarly, in the Trial by Battle, the parties
could fight personally or by "champion." Interesting accounts of this mode
of trial are given by Green and Blackstone, and in Scott's "Talisman."

Arbitration.--Two boys who have a difference may "leave it to" some other
boy in whom they both have confidence. And men did and do settle disputes
in a similar way. They call it settlement by Arbitration.

A boy would hardly refer a matter for decision to his little brother. Why?

Folk-Moot.--Still another common way for two boys to decide a question
about which they differ is to "leave it to the boys," some of whom are
knowing to the facts and others not. Each of the disputants tells his
story, subject to more or less interruption, and calls upon other boys to
corroborate his statements. The assembled company then decides the matter,
"renders its verdict," and if necessary carries it into execution. In this
procedure the boys are re-enacting the scenes of the _Folk-moot_ or town
meeting of our Saxon ancestors.

Boy-Courts.--Let us look at this boy-court again to discover its principal
elements.

In the first place, we see that _every_ boy in the crowd feels that he has
a right to assist in arriving at the decision, that "the boys"
collectively are to settle the matter. In other words, that _the
establishment of justice is a public trust._ So our Saxon forefathers used
to come together in the Folk-moot and as a body decide differences between
man and man. The boys have no special persons to perform special duties;
that is, no court officers. Neither, at first, did those old Saxons.

Secondly, in the boy-court the _facts_ in the case are brought out by
means of _witnesses_. So it was in the Folk-moot, and so it is in most
civilized countries today. Among those old Saxons the custom grew up of
allowing the facts in the case to be determined by _twelve_ men of the
neighborhood, _wh