But we must ever take heed that like as, when it is a question of war, all means should first be tried in the way of award, and only in the last resort should the way of battle be tried (as Tully and Vegetius agree in saying, the one in _Re militari_, the other in the _De Officiis_), and like as in medical treatment, everything else should be tried before steel and fire, and they only in the last resort; so when every other way of finding judgment in a dispute has been exhausted, we are to recur in the last resort to this remedy, forced by a kind of compulsion of justice. There are then two formal characteristics of the ordeal: one is that which has just now been spoken of; the other the one which was touched upon above, to wit, that the contenders or champions should enter the palæstra, not in hate or love, but in sole zeal for justice, with common consent. And therefore Tully said well in dealing with this matter, but wars, the aim of which is the crown of Empire, should be waged less bitterly. But if the formal characteristics of the ordeal are preserved (else were it no ordeal) are not they who have gathered together by common consent, under compulsion of justice and in zeal for her, gathered together in the name of God? And if so, is not God in their midst, since He himself promises as much in the Evangel? And if God is present, is it not impious to think that justice may succumb?—justice whom He so loves as is forenoted above! And if justice cannot succumb in the ordeal is not that which is acquired by ordeal acquired by Right?” A Function, or an Act of Worship, undertaken and carried out in this spirit, cannot be regarded otherwise than most seriously. Let us turn to the actual manner in which the Ordeal by Battle was conducted. The accused began by denying the whole accusation word by word. He then offered to prove his innocence by his body. If the Judge accepted the offer and decided that the duel should take place, he made the parties exchange gloves. They then had to find pledges that they would appear on the day of battle. Fines were paid to the King for permission to fight, for recreancy on failure to appear, for refusing to fight, for not holding the ordeal properly, or as a bribe to allow a fight. For the following rules in the preparation of the ground, I am indebted to the learned pen of my friend Prof. Skeat, whose Notes to his _Chaucer_ and his _Piers Plowman_ are a treasure-house of learning:— “The King shall find the field to fight in, and the lists shall be made and devised by the constable; and it is to be observed, that the list must be 60 paces long and 40 paces broad, set up in good order, and the ground within hard, stable, and level, without any great stones or other impediments; also, that the lists must be made with one door to the east, and another to the west; and strongly barred about with good bars 7 feet high or more, so that a horse may not be able to leap over them.”