Essay on the Trial By Jury by Lysander Spooner
page 34 of 350 (09%)
page 34 of 350 (09%)
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nothing about sending him anywhere; but only about sending
(something or somebody) upon him, or against him that is, executively. Coke's rendering is, if possible, the most absurd and gratuitous of all. What is there in the words, "nec super eum mittemus," that can be made to mean "nor shall he be condemned before any other commissioner or judge whatsoever."? Clearly there is nothing. The whole rendering is a sheer fabricatin. And the whole object of it is to give color for the exercise of a judicial power, by the king, or his judges, which is nowhere given them. Neither the words, "Nec super eum ibimus, nec super eum mittemus," nor any other words in the whole chapter, authorize, provide for, describe, or suggest, any judicial action whatever, on the part either of the king, or of his judges, or of anybody, except the peers, or jury. There is nothing about the king's judges at all. And, there is nothing whatever, in the whole chapter, so far as relates to the action of the king, that describes or suggests anything but executive action.[12] But that all these translations are certainly erroneous, is proved by a temporary charter, granted by John a short time previous to the Great Charter, for the purpose of giving an opportunity for conference, arbitration, and reconciliation. between him and his barons. It was to have force until the matters in controversy between them could be submitted to the Pope, and to other persons to be chosen, some by the king, and some by the barons. The words of the charter are as follows: |
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