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Manually fix nested footnotes in chapter 7

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Brandon Dyck 2023-08-05 17:52:55 -06:00
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@ -325,7 +325,7 @@ the time of William the Conqueror. Palgrave says:
justiciars to represent the king's person, to hold his court, to
decide his pleas, to dispense justice on his behalf, to command the
military levies, and to act as conservators of the peace in the
king's name.[95] ... The justices who were assigned in the name of
king's name.\footnotemark[ 95] ... The justices who were assigned in the name of
the sovereign, and whose powers were revocable at his pleasure,
derived their authority merely from their grant.... Some of those
judges were usually deputed for the purpose of relieving the king
@ -430,6 +430,12 @@ All these things show how perfectly lawless and arbitrary the kings were
both before and after Magna Carta, and how necessary to liberty was the
principle of Magna Carta and the common law, that no person appointed by
the king should hold jury trials in criminal cases.]
\footnotetext[ 95]{In this extract, Palgrave seems to assume that the king
himself had a right to sit as judge, in \emph{jury} trials, in the \emph{county}
courts, in both civil and criminal cases. I apprehend he had no such
power at the \emph{common law}, but only to sit in the trial of appeals, and
in the trial of peers, and of civil suits in which peers were parties,
and possibly in the courts of ancient demesne.}
[Footnote 91: The opinions and decisions of judges and courts are
undeserving of the least reliance, (beyond the intrinsic merit of the
@ -556,7 +562,7 @@ _bailiffs_,") "where foreign voucher is made, as to Chester, Durham,
Salop," &c.--_2 Inst._, 325-7.
BAILIE.--In Scotch law, a municipal magistrate, corresponding with the
English _alderman_.[96]--_Burrill's Law Dictionary_.
English _alderman_.\footnotemark[ 96]--_Burrill's Law Dictionary_.
BAILIFFE.--_Baillif._ Fr. A bailiff: a ministerial officer with duties
similar to those of a sheriff.... _The judge of a court._ A municipal
@ -625,7 +631,7 @@ ii., ch. 3, p. 126.
_bailli_ is thus explained by Richelet, (_Dictionaire_, &c.:)
_Bailli._--_He who in a province has the superintendence of justice,
who is the ordinary judge of the nobles_, who is their head for the
_ban_ and _arriere ban_,[97] and who maintains the right and property
_ban_ and _arriere ban_,\footnotemark[ 97] and who maintains the right and property
of others against those who attack them.... All the various officers
who are called by this name, though differing as to the nature of
their employments, seem to have some kind of superintendence
@ -710,7 +716,7 @@ important functions._"--_Webster._
"BAILLI, (Scotland.)--An alderman; a magistrate who is second in rank in
a royal burgh."--_Worcester._
"_Baili, or Bailiff._--(Sorte d'officier de justice.) A bailiff; a sort
"_Baili, or Bailiff._--(\foreignlanguage{french}{Sorte d'officier de justice.}) A bailiff; a sort
of magistrate."--_Boyer's French Dict._
"By some opinions, a _bailiff_, in Magna Carta, ch. 28, signifies _any
@ -754,6 +760,15 @@ to the commanders of particular castles, as that of Dover. The term
_baillie_, in Scotland, is applied to a judicial police-officer, having
powers very similar to those of justices of peace in the United
States."--_Encyclopædia Americana._]
\footnotetext[ 96]{\emph{Alderman} was a title anciently given to various
\emph{judicial} officers, as the Alderman of all England, Alderman of the
King, Alderman of the County, Alderman of the City or Borough, Alderman
of the Hundred or Wapentake. These were all \emph{judicial} officers. See Law
Dictionaries.}
\footnotetext[ 97]{``\emph{Ban and arriere ban}, a proclamation, whereby all that
hold lands of the crown, (except some privileged officers and citizens,)
are summoned to meet at a certain place in order to serve the king in
his wars, either personally, or by proxy.''--\emph{Boyer.}
[Footnote 93: Perhaps it may be said (and such, it has already been
seen, is the opinion of Coke and others) that the chapter of Magna
@ -773,7 +788,7 @@ 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]
trial, or to his oath of self-exculpation.\footnotemark[ 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
@ -809,6 +824,9 @@ was sufficient. Certainly a magistrate could always procure witnesses
enough to testify to something or other, which _he himself_ could decide
to be corroborative of his own testimony. And thus the prohibition would
be defeated in fact, though observed in form.]
\footnotetext[ 98]{At the common law, parties, in both civil and criminal
cases, were allowed to swear in their own behalf; and it will be so
again, if the true trial by jury should be reëstablished.}
[Footnote 94: In this chapter I have called the justices "_presiding_
officers," solely for the want of a better term. They are not
@ -817,25 +835,3 @@ jury; but are only assistants to, and teachers and servants of, the
jury. The foreman of the jury is properly the "presiding officer," so
far as there is such an officer at all. The sheriff has no authority
except over other persons than the jury.]
[Footnote 95: In this extract, Palgrave seems to assume that the king
himself had a right to sit as judge, in _jury_ trials, in the _county_
courts, in both civil and criminal cases. I apprehend he had no such
power at the _common law_, but only to sit in the trial of appeals, and
in the trial of peers, and of civil suits in which peers were parties,
and possibly in the courts of ancient demesne.]
[Footnote 96: _Alderman_ was a title anciently given to various
_judicial_ officers, as the Alderman of all England, Alderman of the
King, Alderman of the County, Alderman of the City or Borough, Alderman
of the Hundred or Wapentake. These were all _judicial_ officers. See Law
Dictionaries.]
[Footnote 97: "_Ban and arriere ban_, a proclamation, whereby all that
hold lands of the crown, (except some privileged officers and citizens,)
are summoned to meet at a certain place in order to serve the king in
his wars, either personally, or by proxy."--_Boyer._]
[Footnote 98: At the common law, parties, in both civil and criminal
cases, were allowed to swear in their own behalf; and it will be so
again, if the true trial by jury should be reëstablished.]