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:

"Besides the tenants of the king, which held _per baroniam_, (by the
right of a baron,) and did suit and service (served as judges) at his
own court; and the burghers and tenants in ancient demesne, that did
suit and service (served as jurors or judges) in their own court in
person, and in the king's by proxy, there was also a set of
freeholders, that did suit and service (served as jurors) at