I give in the note additional and abundant authorities for the
meaning ascribed to the word bailiff. The importance of the
principle involved will be a sufficient excuse for such an
accumulation of authorities as would otherwise be tedious and
perhaps unnecessary. [7]
The foregoing interpretation of the chapter of Magna Carta now
under discussion, is corroborated by another chapter of Magna
Carta, which specially provides that the king's justices shall
"go through every county" to "take the assizes" (hold jury
trials) in three kinds of civil actions, to wit, "novel
disseisin, mort de ancestor, and darrein presentment;" but makes
no mention whatever of their holding jury trials in criminal cases,
an omission wholly unlikely to be made, if it were designed
they should attend the trial of such causes. Besides, the here
spoken of (in John's charter) does not allow these justices to
sit alone in jury trials, even in civilactions; but provides that
four knights, chosen by the county, shall sit with them to keep
them honest. When the king's justices were known to be so
corrupt and servile that the people would not even trust them
to sit alone, in jury trials, in civil actions, how preposterous is
it to suppose that they would not only suffer them to sit, but to
sit alone, in criminal ones.
It is entirely incredible that Magna Carta, which makes such
careful provision in regard to the king's justices sitting in
civil actions, should make no provision whatever as to their
sitting in criminal trials, if they were to be allowed to sit in
them at all. Yet Magna Carta has no provision whatever on the
subject. [10]
But what would appear to make this matter ahsolute1y certain is,
that unless the prohibition that "no bailiff, &c;., of ours shall
hold pleas of our crown," apply to all officers of the king,
justices as well as others, it would be wholly nugatory for any
practical or useful purpose, because the prohibition could be
evaded by the king, at any time, by simply changing the titles of
his officers. Instead of calling them "sheriffs, coroners,
constables and bailiffs," he could call them "justices," or
anything else he pleased; and this prohibition, so important to
the liberty of the people, would then be entirely defeated. The
king also could make and unmake "justices" at his pleasure; and
if he could appoint any officers whatever to preside over juries
in criminal trials, he could appoint any tool that he might at
any time find adapted to his purpose. It was as easy to make
justices of Jeffreys and Scroggs, as of any other material; and
to have prohibited all the king's officers, except his justices,
from presiding in criminal trials, would therefore have been mere
fool's play.
Public-domain text, read in full here on John Shaqi.
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