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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

Usually, the recorder of
London supplies his place as judge. In some instances the term
bailiff, in England, is applied to the chief magistrates of
towns, or to the commanders of particular castles, as that of
Dover. The term baillie, in Scotland, is applied to a judicial
police-officer, having powers very similar to those of justices
of peace in the United States." Encyclopaedia Americana.
[8] Alderman was a title anciently given to various judicial officers,
as the Alderman of all England, Alderman of the King, Alderman
of the County, Alderman of the City or Borough, alderman of the
Hundred or Wapentake. These were all judicial officers. See Law
Dictionaries.
[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.


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