in his county, or bailiwick, therefore he called his
county _baliva sua_, (his bailiwick.)

"I have heard great question made what the true exposition of this
word _balivus_ is. In the statute of Magna Carta, cap. 28, the letter
of that statute is, _nullus balivus de caetero ponat aliquem ad legem
manifestam nec ad juramentum simplici loquela sua sine testibus
fidelibus ad hoc inductis_." (No bailiff from henceforth shall put
any one to his open law, nor to an oath (of self-exculpation) upon
his own simple accusation, or complaint, without faithful witnesses
brought in for the same.) "And some have said that _balivus_ in this
statute signifieth _any judge_; for the law must be waged and made
before the judge. And this statute (say they) extends to _the courts
of common pleas_, _king's bench_, &c., for they must bring with them
_fideles testes_, (faithful witnesses,) &c., _and so hath been the
usage to this day_."--_1 Coke's Inst._, 168 b.

Coke makes various references, in his margin to Bracton, Fleta, and
other authorities, which I have not examined, but which, I presume,
support the opinion expressed in this quotation.

Coke also, in another place, under the head of the chapter just cited
from Magna Carta, that "_no bailiff shall put any man to his open law_,"
&c., gives the following commentary upon it, from the _Mirror of
Justices_, from which it appears that in the time of Edward I., (1272 to
1307,) this word _balivus_ was understood to include _all judicial_, as
well as all other, officers of the king.

The Mirror says: "The point which forbiddeth that no _bailiff_ put a
freeman to his oath without suit, is to be understood in this
manner,--_that no justice, no minister of the king_, nor other
steward, nor bailiff, have power to make a freeman make oath, (of
self-exculpation,) _without the king's command_,[89] nor receive any
plaint, without witnesses present who testify the plaint to be
true."--_Mirror of Justices_, ch. 5, sec. 2, p. 257.

Coke quotes this commentary, (in the original French,) and then endorses
it in these words:

"By this it appeareth, that under this word _balivus_, in this act,
is comprehended _every justice, minister of the king_, steward, and
bailiff."--2 _Inst._, 44.

Coke also, in his commentary upon this very chapter of Magna Carta, that
provides that "_no sheriff, constable, coroner, or other our bailiffs,
sh