[Footnote 93: 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 are to 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.[98]
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, applies
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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