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 _vivâ 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. Murder and
treason were compounded, and a fine set for every offence. Forfeiture
for felony was incurred only by those that fled. The punishment with
death was very rare,--with torture unknown. In all ancient nations, the
punishment of crimes was in the family injured by them, particularly in
case of murder.[70] This brought deadly feuds amongst the people, which,
in the German nations particularly, subsisted through several
generations. But as a fruitless revenge could answer little purpose to
the parties injured and was ruinous to the public peace, by the
interposal of good offices they were prevailed upon to accept some
composition in lieu of the blood of the aggressor, and peace was
restored. The Saxon government did little more than act the part of
arbitrator between the contending parties, exacted the payment of this