And thus this chapter of Magna Carta, which, according to his own
definition of the word balivus, applies to all officers of the
king; and which, according to the common and true definition of
the term "pleas of the crown," applies to all criminal cases
without distinction, and which, therefore, forbids any officer or
minister of the king to preside in a jury trial in any criminal
case whatsoever, he coolly and gratuitously interprets into a
mere senseless provision for simply restricting the discretion of
the king in giving names to his own officers who should preside
at the trials of particular offences; as if the king, who made
and unmade all his officers by a word, could not defeat the whole
object of the prohibition, by appointing such individuals as he
pleased, to try such causes as he pleased, and calling them by
such names as he pleased, if he were but permitted to appoint and
name such officers at all; and as if it were of the least
importance what name an officer bore, whom the king might
appoint to a particular duty. [4]
Coke evidently gives this interpretation solely because, as he
was giving a general commentary on Magna Carta, he was bound
to
give some interpretation or other to every chapter of it; and for
this chapter he could invent, or fabricate, (for it is a sheer
fabrication,) no interpretation better suited to his purpose than
this. It seems never to have entered his mind, (or if it did, he
intended that it should never enter the mind of anybody else,)
that the object of the chapter could be to deprive the king of
the power of putting his creatures into criminal courts, to pack,
cheat, and browbeat juries, and thus maintain his authority by
procuring the conviction of those who should transgress his laws,
or incur his displeasure.
This example of Coke tends to show how utterly blind, or how
utterly corrupt, English judges, (dependent upon the crown and
the legislature), have been in regard to everything in Magna
Carta, that went to secure the liberties of the people, or limit
the power of the government.
Coke's interpretation of this chapter of Magna Carta is of a
piece with his absurd and gratuitous interpretation of the words
"nec super eum ibimus, nec super eum mittemus," which was
pointed
out in a former article, and by which he attempted to give a
judicial power to the king and his judges, where Magna Carta had
given it only to a jury. It is also of a piece with his pretence
that there was a difference between fine and amercement, and that
fines might be imposed by the king, and that juries were required
only for fixing amercements.
These are some of the innumerable frauds by which the English
people have been cheated out of the trial by jury.
Ex uno disce omnes. From one judge learn the characters of all.
[6]
Public-domain text, read in full here on John Shaqi.
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