England, as is well known, is the only country that, in spite of all commotions, has preserved trial by jury down to modern times. But it is a matter of much dispute to what people may be more particularly ascribed the honour of introducing an institution which has not only for many centuries been of much service to freedom in England, but which has also been transplanted in later times into many other countries, and is now on the point of being disseminated over all that part of Europe which may be called free. Many learned men assert that trial by jury was unknown to the Anglo-Saxons, and maintain that its proper home was the Scandinavian North, whence it was carried by the Northmen into Normandy, and from that country into England by means of the conquest. Others again assert almost the direct contrary; maintaining, that the tradition which ascribes the introduction of juries to the Anglo-Saxon king, Alfred the Great, though it does not speak the literal truth in deriving the institution merely from that monarch, is still thus far deserving of credence, that trial by jury was known and used by the Anglo-Saxons long before the Norman conquest. These persons are of opinion, that the Danes and Normans even set aside the jury for the barbarous _Holmgang_, or duel, until in the course of time that venerable relic of ancient Saxon freedom again obtained the ascendancy. In order to prove this, they point especially to a passage in one of Ethelred’s laws (Ethelred, iii. § 3), which ordains “that every Wapentake shall have its _Thing_;” and “that a 'Gemot’ be held in every Wapentake, and the XII senior Thanes go out, and the reeve with them, and swear on the relic that is given to them in hand, that they will accuse no innocent man, nor conceal any guilty one.” Further (§ 13): “And let doom stand where Thanes are of one voice; if they disagree let that stand which VIII of them say; and let those who are outvoted pay, each of them, VI half-marks.” To these passages may be added another, also of Ethelred’s time (Ordinance respecting the Dun-Setas, § 3), wherein it is ordered that: “XII lahmen shall explain the law to the Wealas and English, VI English, and VI Wealas. Let them forfeit all they possess if they explain it wrongly; or clear themselves that they knew no better.”