gna 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.[98]

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, applies
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.

The idea of Coke and others, that the object of this chapter was simply
to forbid _magistrates_ to put a man on trial, when there were no
witnesses against him, but only the simple accusation or testimony of
the magistrates themselves, before whom he was to be tried, is
preposterous; for that would be equivalent to supposing that magistrates
acted in the triple character of judge, jury and witnesses, _in the same
trial_; and that, therefore, _in such cases_, they needed to be
prohibited from condemning a man on their own accusation or testimony
alone. But such a provision would have been unnecessary and senseless,
for two reasons; first, because the bailiffs or magistrates had no power
to "hold pleas of the crown," still less to try or condemn a man; that
power resting wholly with the juries; second, because if bailiffs or
magistrates could try and condemn a man, without a jury, the prohibition
upon their doing so upon their own accusation or testimony alone, would
give no additional protection to the accused, so long as these same
bailiffs or magistrates were allowed to decide what weight should be
given, _both to their own testimony and that of other witnesses_; for,
if they wished to convict, they would of course decide that any
testimony, however frivolous or irrelevant, _in addition to their own_,
was sufficient. Certainly a m