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.[16]
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 Charters.[17]
Mr. Christian speaks of this charter as settling the true meaning of the
corresponding clause of Magna Carta, on the principle that laws and
charters on the same subject are to be construed with reference to each
other. See _3 Christian'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.[18] Here the words used are these:
"Ne corpus liberi hominis capiatur nec imprisonetur nec disseisetur
nec utlagetur nec exuletur nec aliquo modo destruatur _nec rex eat
vel mittat super eum vi_ nisi per judicium parium suorum vel per
legem terræ."
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."
Public-domain text, read in full here on John Shaqi.
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