Essay on the Trial By Jury by Lysander Spooner
page 35 of 350 (10%)
page 35 of 350 (10%)
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"Sciatis nos concessisse baronibus nostris qui contra nos sunt quod
nec eos nec homines suos capiemus, nec disseisiemus nec super eos per vim vel per arma ibimus nisi per legem regni nostri vel per judicium parium suorum in curia nostra donec consideratio facta fuerit," &c;., &c;. That is, "Know that we have granted to our barons who are opposed to us, that we will neither arrest them nor their men, nor disseize them, nor will we proceed against them by force or by arms, unless by the law of our kingdom, or by the judgment of their peers in our court, until consideration, shall be had," &c;., &c;. A copy of this charter is given in a note in Blackstone's Introduction to the Charter.[13] Mr. Christian speaks of this charter as settling the true meaning of the corresponding clause of Magna Carta, on the principle tat laws and charters on the same subject are to be construed with reference to each other. See 3 Christin's Blackstone, 41, note. The true meaning of the words, nec super eum ibimus, nec super eum mittemus, is also proved by the "Articles of the Great Charter of Liberties," demanded of the king by the barons, and agreed to by the king, under seal, a few days before the date of the Charter, and from which the Charter was framed. [14] Here the words used are these: "Ne corpus liberi hominis capiatur nec imprisonetur nec disseisetur nec ut1agetur nec exuletur nec aliquo modo destruatur |
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