The Mirror says: "The point which forbiddeth that no bailiff put
a freeman to his oath without suit, is to be understood in this
manner, that no justice, no minister of the king, nor other
steward, nor bailiff, have power to make a freeman make oath, (of
self-exculpation,) without the king's command, [3] nor receive
any plaint, without witnesses present who testify the plaint to
be true." Mirror of Justices, ch. 5, sec. 2, p. 257.
Coke quotes this commentary, (in the original French,) and then
endorses it in these words:
"By this it appeareth, that under this word balivus, in this act,
is comprehended every justice, minister of the king, steward, and
bailiff." 2 Inst., 44.
Coke also, in his commentary upon this very chapter of Magna
Carta, that provides that "no sheriff; constable; coroner, or
other our bailiffs, shall hold pleas of our crown," expresses the
opinion that it "is a general law," (that is, applicable to all
officers of the king,) " by reason of the words vel alii balivi
nostri, (or other our bailiffs,) under which words are
comprehended all judges or justices of any courts of justice.
"And he cites a decision in the king's bench, in the 17th year of
Edward I., (1289,) as authority; which decision he calls "a
notable and leading judgment." 2 Inst., 30 1.
And yet Coke, in flat contradiction of this decision, which he
quotes with such emphasis and approbation, and in flat
contradiction also of the definition he repeatedly gives of the
word balivus showing that it embraced all ministers of the king
whatsoever, whether high or low, judicial or executive,
fabricates an entirely gratuitous interpretation of this chapter
of Magna Carta, and pretends that after all it only required that
felonies should he tried before the king's justices, on account
of their superior Iearning; and that it permitted all lesser
offenses to be tried before inferior officers, (meaning of course
the king's inferior officers.) 2 Inst., 30.
Public-domain text, read in full here on John Shaqi.
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