See Ditto, p. 218.
Crabbe says:"It cannot be denied that the practice of submitting
causes to the decision of twelve men was universal among all the
northern tribes (of Europe) from the very remotest antiquity."
Crabbe's History of the English Law, p. 32.
[2] "The people, who in every general council or assembly could
oppose and dethrone their sovereigns, were in little dread of
their encroachments on their liberties; and kings, who found
sufficient employment in keeping possession of their crowns,
would not likely attack the more important privileges of their
subjects."
[3] This office was afterwards committed to sheriffs. But even
while the court was held by the lord, "the Lord was not judge,
but the Pares (peers) only." Gilbert on the Court of Exchequer,
61-2.
[4] The opinion expressed in the text, that the Witan had no
legislative authority, is corroborated by the following
authorities:
"From the fact that the new laws passed by the king and the Witan
were laid before the shire-mote, (county court,) we should be
almost justified in the inference that a second sanction was
necessary before they could have the effect of law in that
particular county.
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