Coke also says, ' It is a maxim in law, aliguis non debet esse
judex in propria causa, (no one ought to be judge in his own
cause;) and therefore a fine levied before the baylifes of Salopwas
reversed, because one of the baylifes was party to the fine,
quia non potest esse judex et pars," (because one cannot be judge
and party.) 1 Inst., 141 a.
In the statute of Gloucester, ch. 11 and 12, (1278,) "the mayor
and bailiffs of London (undoubtedly chosen by the people, or at
any rate not appointed by the king) are manifestly spoken of as
judges, or magistrates, holding jury trials, as follows:
Ch. II. "It is provided, also, that if any man lease his tenement
in the city of London, for a term of years, and he to whom the
freehold belongeth causeth himself to be impleaded by collusion,
and maketh default after default, or cometh into court and giveth
it up, for to make the termor (lessee) lose his term, (lease,)
and the demandant hath his suit, so that the termor may recover
by writ of covenant; the mayor and bailiffs may inquire by a good
inquest, (jury,) in the presence of the termor and the demandant,
whether the demandant moved his plea upon good right that he
had,
or by collusion, or fraud, to make the termor lose his term; and
if it be found by the inquest (jury) that the demandant moved his
plea upon good right that he had, the judgment shall be given
forthwith; and if it be found by the inquest (jury) that he
impleaded him (self ) by fraud, to put the termor from his term,
then shall the termor enjoy his term, and the execution of
judgment for the demandant shall be suspended until the term be
expired." 4 Edward I., ch. 11, (1278.)
Coke, in his commentary on this chapter, calls this court of "the
mayor and bailiffs" of London, " the court of the hustings, the
greatest and highest court in London;" and adds, "other cities
have the like court, and so called, as York, Lincoln, Winchester,
&e;. Here the city of London is named; but it appeareth by that
which hath been said out of Fleta, that this act extends to such
cities and boroughs privileged, that is, such as have such
privilege to hold plea as London hath." 2 Inst., 322.
The 12th chapter of the same statute is in the following words,
which plainly recognize the fact that " the mayor and bailiffs of
London" are judicial officers holding courts in London.
Public-domain text, read in full here on John Shaqi.
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