Gilbert, in his treatise on the Constitution of England, says: "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 332. 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 _nembas_; 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.[49] * * "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. 7. Chief Baron Gilbert says: