"In the county courts, if the debt was above forty shillings,
there issued a justicies (a commission) to the sheriff, to enable
him to hold such a plea, where the suitors (jurors) are judges of
the law and fact." Gilbert's Cases in Law and Equity, &c;.,
&c;., 456.
All the ancient writs, given in Glanville, for summoning jurors,
indicate that the jurors judged of everything, on their
consciences only. The writs are in this form:
"Summon twelve free and legal men (or sometimes twelve
knights)
to be in court, prepared upon their oaths to declare whether A or
B have the greater right to the land {or other thing) in
question." See Writs in Beames' Glanville, p. 54 to 70, and 233
306 to 832.
Crabbe, speaking of the time of Henry I., (1100 to 1135,)
recognizes the fact that the jurors were the judges. He says:
"By one law, every one was to be tried by his peers, who were of
the same neighborhood as himself. * *By another law, the judges,
for so the jury were called, were to be chosen by the party
impleaded, after the manner of the Danish nem-bas; by which,
probably, is to be understood that the defendant had the liberty
of taking exceptions to, or challenging the jury, as it was
afterwards called." Crabbe's History of the English Law, p. 55.
Reeve says:
"The great court for civil business was the county court; held
once every four weeks. Here the sheriff presided; but the suitors
of the court, as they were called, that is, the freemen or
landholders of the county, were the judges; and the sheriff was
to execute the judgment.
"The hundred court was held before some bailiff; the leet before
the lord of the manor's steward.[16]
"Out of the county court was derived an inferior court of civil
jurisdiction, called the court-baron. This was held from three
weeks to three weeks, and was in every respect like the county
court;" (that is, the jurors were judges in it;) "only the lord
to whom this franchise was granted, or his steward presided
instead of the sheriff;" 1 Reeve's History of the English Law,
p. T.,
Chief Baron Gilbert says:
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