ought to win will somehow guess right. This appealing to chance to settle
questions of fact is characteristic of society in its primitive state.
Modes of establishing justice similar in principle to these boy practices
prevail to this day among superstitious peoples. They have prevailed even
in Europe, not only among people of low mental power, but also among the
cultured Greeks. Among our own Saxon ancestors the following modes of
trial are known to have been used: A person accused of crime was required
to walk blindfolded and barefoot over a piece of ground on which hot
ploughshares lay at unequal distances, or to plunge his arm into hot
water. If in either case he escaped unhurt he was declared innocent. This
was called Trial by Ordeal. The theory was that Providence would protect
the innocent.

Trial by Battle.--Sometimes boys settle their disputes by _fighting_.
This, too, was one of the modes of adjudication prevalent in early times
among men. Trial by Battle was introduced 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.