These are the first rude chalkings-out of our jurisprudence.

The Saxons were extremely imperfect in their ideas of law,--the civil institutions of the Romans, who were the legislators of mankind, having never reached them.

The order of our courts, the discipline of our jury, by which it is become so elaborate a contrivance, and the introduction of a sort of scientific reason in the law, have been the work of ages.
As the Saxon laws did not suffer any transaction, whether of the sale of land or goods, to pass but in the shire and before witnesses, so all controversies of them were concluded by what they called the _scyre witness_.[68] This was tried by the oaths of the parties, by _viva voce_ testimony, and the producing of charters and records.

Then the people, laity and clergy, whether by plurality of votes or by what other means is not very certain, affirmed the testimony in favor of one of the claimants.

Then the proceeding was signed, first by those who held the court, and then by the persons who affirmed the judgment, who also swore to it in the same manner.[69] [Sidenote: Punishments.] The Saxons were extremely moderate in their punishments.