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.
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