Practically speaking, the sum of their decisions, all
and singular, has been, that there are no limits to the power of
the government, and that the people have no rights except what
the government pleases to allow to them.
It is extreme folly for a people to allow such dependent,
servile, and perjured creatures to sit either in civil or
criminal trials; but to allow them to sit in criminal trials, and
judge of the people's liberties, is not merely fatuity, it is
suicide.
[7] Coke, speaking of the word bailiffs, as used in the statute
of 1 Westminster, ch. 35, (1275,) says:
"Here bailiffs are taken for the judges of the court, as
manifestly appeareth hereby." 2 Inst., 229.
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.
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