Essay on the Trial By Jury by Lysander Spooner
page 33 of 350 (09%)
page 33 of 350 (09%)
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"nor will we pass upon him, nor commit him to prison." Coke
gives still a different rendering, to the effect that "No man shall be condemned at the king's suit, either before the king in his bench, nor before any other commissioner or judge whatsoever." [11] But all these translations are clearly erroneous. In the first place, "nor will we pass upon him," meaning thereby to decide upon his guilt or innocence judicially is not a correct rendering of the words, "nec super eum ibimus." There is nothing whatever, in these latter words, that indicates judicial action or opinion at all. The words, in their common signification, describe physical action alone. And the true translation of them, as will hereafter be seen, is, "nor will we proceed against him," executively. In the second place, the rendering, "nor will we condemn him," bears little or no analogy to any common, or even uncommon, signification of the words "nec super eum mittemus." There is nothing in these latter words that indicates judicial action or decision. Their common signification, like that of the words nec super eum ibimus, describes physical action alone. "Nor will we send upon (or against) him," would be the most obvious translation, and, as we shall hereafter see, such is the true translation. But although these words describe physical action, on the part of the king, as distinguished from judicial, they nevertheless do not mean, as one of the translations has it, "nor will we commit him to prison;" for that would be a mere repetition of what had been already declared by the words "nec imprisonetur." Besides, there is nothing about prisons in the words "nec super eum mittemus;" |
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