[98] These facts gave rise to Cokes quaint remarks, "that the law delighteth herself in the number of twelv;" and he adds, "the number of twelv iz much respected in holy writ; as 12 apostles, 12 stones, 12 tribes, &c." On juries, fol. 155.
[99] Com. Vol. I. 398.
[100] Com. Vol. I. 399.
[101] I am by no meens certain that this derivation of counts from comites, iz just; it iz at leest az probable az otherwise, that contees may be a Gothic word. But this iz conjecture.
[102] See Cowel on the word thane; and in Domesday, "thanus, est tenens, qui est caput manerii."
[103] Com. Vol. I. 403. "But the same author, in page 399, says, the right of peerage seems to hav been originally territorial, that iz, annexed to lands, manors, &c. the proprietors of which were, in right of thoze estates, allowed to be peers of the relm;" that iz, in plain English, certain men, in right of their estates, were allowed to be equals of the relm. This will not pass for reezon and truth on this side of the Atlantic.
[104] Horne, in hiz Mirror of Justices, chap. I. sect. 2. says, "altho the king ought not to hav any peer (that iz, equal) in the land, yet because he cannot be a judge in a case where he iz a party, it waz behovefull by the law that he should hav companions to heer and determin of all writs and plaints of all wrongs, &c. Theze companions are now called countees, earles, according to the Latin comites, &c." This iz singular! The king ought to hav no equal; therefore he ought to hav companions for judges; or, in plainer words, if possible, the king ought not to hav equals in the kingdom, therefore he should hav peers to heer and determin criminal causes. Common sense at leest, if not etymology, will say, "the king ought not to hav equals, but he must hav judges."
[105] Blackstone, Vol. I. 157, from Staunford P C. 153.
[106] It iz now held that e converso, a vote of the spiritual lords, if a majority, iz good against all the temporal lords; but Coke douts it. Supposing this to be admitted, the privilege is modern, and makes nothing against my supposition.
[107] It haz been remarked that baron iz the most general title of nobility; indeed every nobleman waz originally a baron. Coke. I. 74. The lords of manors, both in England and on the continent, were the suitors in the king's court, and called pares curtis or curiæ. The lords tenants were called the peers of hiz court baron. See Blackstone, Vol. I. ch. 4.