[9] "Ban and arriere ban, a proclamation, whereby all that hold
lands of the crown, (except some privileged officers and
citizens,) are summoned to meet at a certain place in order to
serve the king in his wars, either personally, or by proxy."
Boyer.
[10] Perhaps it may be said (and such, it has already been seen,
is the opinion of Coke and others) that the chapter of Magna
Carta, that "no bailiff from henceforth shall put any man to his
open law, (put him on trial,) nor to an oath (that is, an oath of
self- exculpation) upon his (the bailiff's) own accusation or
testimony, without credible witnesses brought in to prove the
charge," is itself a " provision in regard to the king's justices
sitting in criminal trials," and therefore implies that they areto sit
in such trials.
But, although the word bailiff includes all judicial, as well as
other, officers, and would therefore in this case apply to the
king's justices, if they were to sit in criminal trials; yet this
particular chapter of Magna Carta evidently does not contemplate
"bailiffs" while acting in their judicial capacity, (for they
were not allowed to sit in criminal trials at all,) but only in
the character of witnesses, and that the meaning of the chapter
is, that the simple testimony (simplici loquela) of "no bailiff,"
(of whatever kind,) unsupported by other and "credible
witnesses," shall be sufficient to put any man on trial, or to
his oath of self-exculpation." [11]
It will be noticed that the words of this chapter are not, "no
bailiff of ours," that is, of the king, as in some other
chapters of Magna Carta; but simply "no bailiff,"&c;. The
prohibition, therefore, applied to all "bailiffs," to those
chosen by the people, as well as those appointed by the king. And
the prohibition is obviously founded upon the idea (a very sound
one in that age certainly, and probably also in this) that public
officers (whether appointed by king or people) have generally, or
at least frequently, too many interests and animosities against
accused persons, to make it, safe to convict any man on their
testimony alone.
Public-domain text, read in full here on John Shaqi.
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