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.  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 composition, and reduced it to a certainty.  However, the king, as the sovereign of all, and the sheriff, as the judicial officer, had their share in those fines.  This unwillingness to shed blood, which the Saxon customs gave rise to, the Christian religion confirmed.  Yet was it not altogether so imperfect as to have no punishment adequate to those great delinquencies which tend entirely to overturn a state, public robbery, murder of the lord.[71]

[Sidenote:  Origin of succession.]

[Sidenote:  Annual property.]

As amongst the Anglo-Saxons government depended in some measure upon land-property, it will not be amiss to say something upon their manner of holding and inheriting their lands.  It must not be forgot that the Germans were of Scythian original, and had preserved that way of life and those peculiar manners which distinguished the parent nation.  As the Scythians lived principally by pasturage and hunting, from the nature of that way of employment they were continually changing their habitations.  But even in this case some small degree of agriculture was carried on, and therefore some sort of division of property became necessary.  This division was made among each tribe by its proper chief.  But their shares were allotted to the several individuals only for a year, lest they should come to attach themselves to any certain habitation:  a settlement being wholly contrary to the genius of the Scythian, manners.