ual.
Probably also it may be connected with the period during which a
criminal was commonly allowed to avail himself of the right of
sanctuary. If the accused did not appear on the day named for the trial,
he was outlawed at the folkmoot. Meanwhile he was delivered in bail to
twelve men, provided that there was some surety sufficient for the
payment of a hundred shillings in case they did not produce him at the
appointed time. Anyone appealed and attached for homicide could not
demand "recognition" until he had acquitted himself of the appeal made
against him; and meanwhile, if he could not find sureties, he was
committed to prison. If the accused was outlawed and abjured the realm,
the sureties were acquitted out of respect for the Church.

By the word "recognition" in the above description is apparently
intended an inquisition into the circumstances by an assize or jury of
twelve sworn men under the presidency of the Justices. In the case of an
appeal--that is, where there was a private prosecutor, who was bound to
have some interest in the matter, e.g., as a blood-relation--this was
not allowed, and the onus of proving his innocence was thrown on the
accused.

It was otherwise when a man was taxed with homicide by the voice of
public fame. He was then attached either by pledges or by imprisonment;
and the Justices held a very strict and careful inquisition into the
case, as the result of which the accused might be wholly absolved, or he
might be compelled to resort to compurgation. The compurgators, few or
many, were at once judge, jury, and witnesses; and the final issue of
the proceedings lay with them and the accused himself, the Mayor and
Alderman making the preliminary arrangements and the King's Justices
seeing that the forms were duly observed.

We saw at the outset that purgation by oath was a privilege only
permitted to persons of good reputation, and that failure to secure the
testimony of his neighbours to his innocence, where his reputation had
been damaged, subjected a man to the judgment of water or fire. In Saxon
times every freeman had his _borh_ or surety, who presented him, if he
was accused. Should he be _tyht bysig_, of evil repute, he was forced to
undergo the triple ordeal without more ado; but if his lord gave him a
good character and seven of his neighbours came forward and swore that
oath had never failed him and that he had never paid _theof gyld_ (fine
for thieving), then he might make h