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