upon the blunder into which the Common Serjeant had
tumbled, and wanted me, as treasurer, to call attention to it. He
considered that this was due not only to common humanity, but to our
dignity. I was, however, deaf to his entreaties. I do not remember
dining upon more than one occasion in my official capacity. On this
occasion the scarlet robes and heavy, cumbrous wig, necessary to be
worn, destroyed all possibility of enjoyment."

Serjeant Ballantine alludes to himself as treasurer. He was the last to
fill that office, and it fell to his lot, as such, to wind up the
affairs of the ancient society, and so, in a sense, to perform its
obsequies. The fiat had gone forth that no judge should be required
henceforth to take or to have taken the degree of serjeant-at-law (36
and 37 Vict., c. 66, s. 8), and, as this was tantamount to the abolition
of the order, it was resolved to sell the property of the inn. The last
meeting was held on April 27, 1877.

JUDICIAL

CHAPTER XI

THE JUDGMENT OF GOD

Ancient judicial theory and practice comprehended not merely trials
before a regular tribunal, in which the merits of a case were duly
ascertained by the joint efforts of judge, counsel, and assize, but also
an alternative method of arriving at the same result--namely, a solemn
appeal to the bar of Almighty God. This reference was most common in
criminal cases, but by no means restricted to them; resort was had to it
in pleas respecting freehold, in writs of right, in warranty of land or
of goods sold; debts upon mortgage or promise, denial of suretyship by
sureties, validity of charters, manumission, questions concerning
services, etc. All such quarrels might be submitted to the issue of the
_duel_, which was pre eminently the means of invoking the judgment of
God. To us no proceeding appears less effectual or more cruel, but even
so wise a man as Dante admitted the fairness of it.

Before treating of the duel it is expedient to deal with some
Anglo-Saxon customs, which survived the Norman Conquest, and were
founded on the same principle as the duel. The simplest of these
processes was purgation by oath. Let us take the case of a person
accused of theft. If he was a freeman and had hitherto borne a good
name, all that was necessary was that he should purge himself by his
oath. Suppose, however, that he had been previously inculpated. In that
case he had to clear himself with what was termed his twelfth hand--that
is