"I have heard great question made what the true exposition of this word _balivus_ is. In the statute of Magna Carta, cap. 28, the letter of that statute is, _nullus balivus de cætero ponat aliquem ad legem manifestam nec ad juramentum simplici loquela sua sine testibus fidelibus ad hoc inductis_." (No bailiff from henceforth shall put any one to his open law, nor to an oath (of self-exculpation) upon his own simple accusation, or complaint, without faithful witnesses brought in for the same.) "And some have said that _balivus_ in this statute signifieth _any judge_; for the law must be waged and made before the judge. And this statute (say they) extends to _the courts of common pleas_, _king's bench_, &c., for they must bring with them _fideles testes_, (faithful witnesses,) &c., _and so hath been the usage to this day_."--_1 Coke's Inst._, 168 b. Coke makes various references, in his margin to Bracton, Fleta, and other authorities, which I have not examined, but which, I presume, support the opinion expressed in this quotation. Coke also, in another place, under the head of the chapter just cited from Magna Carta, that "_no bailiff shall put any man to his open law_," &c., gives the following commentary upon it, from the _Mirror of Justices_, from which it appears that in the time of Edward I., (1272 to 1307,) this word _balivus_ was understood to include _all judicial_, as well as all other, officers of the king. 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_,[89] 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.