to say, twelve lawful men had to be nominated, who would swear to his
innocence. Should they refuse, there was nothing for it but some form of
the ordeal--a subject which will engage our attention presently.
Meanwhile it may be pointed out that purgation by oath was itself a
distinct appeal to the Almighty. It was believed that perjured persons
incurred the danger of becoming dwarfs, or of their hands remaining
attached to the Gospels or relics on which they swore. Persons guilty of
this offence were compelled to purge themselves by the ordeal.

The system, resting on the sanctions of religion and honour, was not
suited for general application, and there is no doubt that it was
abused. Confining ourselves to University experience, the bad effects of
the practice are exposed in a protest entered by Dr. Gascoigne in the
Chancellor's Court-book at Oxford, wherein he cautions his successors to
exercise the greatest care in admitting people to the privilege, and
counsels them to withhold the name of the accuser from the accused. He
states that cases have come under his notice in which individuals have
not only perjured themselves, but in private have not blushed to
acknowledge it; and he shows very plainly the futility of the system by
affirming that if a townsman objected to anyone claiming compurgation,
he ran a risk of being assaulted, maimed, and even murdered. The date of
this entry is 1443. It may be added that the majority of the cases were
those of incontinence; and among other charges mention is made of
embezzlement and attachment of a new document to an old seal.

For details of procedure we may glance at the very full accounts
preserved in the records of the City of London, where there were in
operation three sorts or forms of compurgation, by which persons
appealed, impleaded, and accused might obtain acquittal. The first was
termed the Great Law, and had respect to murder and homicide. The
second, the Middle Law, regarded the crime of mayhem, or corporal hurt,
by which a man lost the use of any member that was or might be any
defence to him in battle. The third law applied to insults, batteries,
wounds, blows, torts, effusion of blood, and similar injuries inflicted
at the season of the Nativity, the week of Pasque, and at Pentecost.

An accused person desiring to purge himself by the Great Law was
required to observe the following order: He had to make an oath in his
own person that he was innocent touching th