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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. This was tried by the oaths of the parties, by vivâ voce testimony, and the producing of charters and records.
Si accusatio sit, et purgatio male succedat, judicet Episcopus. Leges Cnuti, 53. Leges Cnuti, 19. Bracton, Lib. III., Tract. 2, cap. 10. Leges Hen. I. cap. 8. Si quis terram defenderit testimonio provinciæ, &c. Leges Cnuti, 76: And sethe land gewerod hebbe be scyre gewitnesse.
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