by jury, of which it is really a part. Consequently, without
the observance of this prohibition, there can be no genuine or
_legal_--that is, _common law_--trial by jury.

At the common law, all officers who held jury trials, whether in civil
or criminal cases, were chosen by the people.[87]

But previous to Magna Carta, the kings had adopted the practice of
sending officers of their own appointment, called justices, into the
counties, to hold jury trials in some cases; and Magna Carta authorizes
this practice to be continued so far as it relates to _three_ kinds of
_civil_ actions, to wit: "novel disseisin, mort de ancestor, and darrein
presentment;"[88] but specially forbids its being extended to criminal
cases, or pleas of the crown.

This prohibition is in these words:

"Nullus vicecomes, constabularius, coronator, _vel alii balivi
nostri_, teneant placita coronae nostrae." (No sheriff, constable,
coroner, _or other our bailiffs_, shall hold pleas of our
crown.)--_John's Charter_, ch. 53. _Henry's ditto_, ch. 17.

Some persons seem to have supposed that this was a prohibition merely
upon officers _bearing the specific names of_ "_sheriffs, constables,
coroners and bailiffs_," to hold criminal trials. But such is not the
meaning. If it were, the _name_ could be changed, and the _thing_
retained; and thus the prohibition be evaded. The prohibition applies
(as will presently be seen) to all officers of the king whatsoever; and
it sets up a distinction between officers _of the king_, ("_our_
bailiffs,") and officers chosen by the people.

The prohibition upon the king's _justices_ sitting in criminal trials,
is included in the words "_vel alii balivi nostri_," (or other our
bailiffs.) The word _bailiff_ was anciently a sort of general name for
_judicial officers_ and persons employed in and about the administration
of justice. In modern times its use, as applied to the higher grades of
judicial officers, has been superseded by other words; and it therefore
now, more generally, if not universally, signifies an executive or
police officer, _a servant of courts_, rather than one whose functions
are purely judicial.

The word is a French word, brought into England by the Normans.

Coke says, "_Baylife_ is a French word, and signifies an officer
concerned in the administration of justice of a certain province; and
because a sheriff hath an office concerning the administration of
justice with