Essay on the Trial By Jury by Lysander Spooner
page 32 of 350 (09%)
page 32 of 350 (09%)
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utlagetor, aut exuletur, aut aliquo modo destruatur; nec super eum
ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terrae."[10] The corresponding chapter in the Great Charter, granted by Henry III, (1225) and confirmed by Edward I, (1297,) (which charter is now considered the basis of the English laws and constitution,) is in nearly the same words, as follows: "Nullus liber homo capiatur, vel imprisonetur, aut disseisetur de libero tenemento, vel libertatibus, vel liberis consuetudinibus suis, aut utlagetur, aut exuletur, aut aliquo modo destruatur, nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terrae." The most common translation of these words, at the present day, is as follows: "No freeman shall be arrested, or imprisoned, or deprived of his freehold, or his liberties, or free customs, or outlawed, or exiled, or in any manner destroyed, nor will we (the king) pass upon him, nor condemn him, unless by the judgment of his peers, or the law of the land." "Nec super eum ibimus, nec super eum mittemus." There has been much confusion and doubt as to the true meaning of the words, "nec super eum ibimus, neo super eum mittemus." The more common rendering has been, "nor wilt we pass upon him, nor condemn him." But some have translated them to mean, |
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