n, every atrocity even, that has ever
been enacted in either country, by the legislative power, in the shape
of a criminal law, (or, indeed, in almost any other shape,) has been as
sure of a sanction from the judiciary that was dependent upon, and
impeachable by, the legislature that enacted the law, as if there were a
physical necessity that the legislative enactment and the judicial
sanction should go together. 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.]

[Footnote 92: 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, _aliquis 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 Salop_ was 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.)--_1
Inst._, 141 a.

In the statute of Gloucester, ch. 11 and 12, (1278,) "the mayor and
_bailiffs_ of London (undoubtedly chosen by the people, or at any rate
not appointed by the king) are manifestly spoken of as _judges_, or
magistrates, holding _jury_ trials, as follows:

_Ch. II._ "It is provided, also, that if any man lease his tenement
in the city of London, for a term of years, and he to whom the
freehold belongeth causeth himself to be impleaded by collusion, and
maketh default after default, or cometh into court and giveth it up,
for to make the termor (lessee) lose his term, (lease,) and the
demandant hath his suit, so that the termor may recover by writ of
covenant; _the mayor and bailiffs may inquire by a good inquest_,
(_jury_,) in the presence of the termor and the demandant, whether
the demandant moved his plea upon good right that he had, or by
collusion, or fraud, to make the termor lose his term; and if it be
found by t