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:
"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
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]
Public-domain text, read in full here on John Shaqi.
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