Essay on the Trial By Jury by Lysander Spooner
page 36 of 350 (10%)
page 36 of 350 (10%)
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nec rex eat vel mittat super eun vi nisi per judicium pariurn
suorum vel per legem terrae." That is, "The body of a freeman shall not be arrested, nor imprisoned, nor disseized, nor outlawed, nor exiled, nor in any manner destroyed, nor shall the king proceed or send (any one) against him, WITH FORCE, unless by the judgment of his peers, or the law of the land." The true translation of the words nec super eum ibimus, nec super eum mittemus, in Magna Carta, is thus made certain, as follows, "nor will we (the king) proceed against him, nor send (any one) against him, WITH FORCE OR ARMS. [15] It is evident that the difference between the true and false translations of the words, nec super eum ibius, nec super eum mittemus, is of the highest legal importance, inasmuch as the true translation, nor will we (the king) proceed against him, nor send (any one) against him by force of arms, represents the king only in an executive character, carrying the judgment of the peers and "the law of the land" into execution; where as the false translation, nor will we pass upon him, nor condemn him, gives color for the exercise of a judicial power, on the part of the king, to which the king had no right, but which, according to the true translation, belongs wholly to th jury. "Per legale judicium parium suorum." The foregoing interpretation is corroborated, (if it were not already too plain to be susceptible of corroboration,) by the true |
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