unpunished._ Then debating the matter with the cardinals, he, by a
definitive sentence, damned and cassated forever the Charter of
Liberties, and sent the king a bull containing that sentence at
large."--_Echard's History of England_, p. 106-7.
These things show that the nature and effect of the charter were well
understood by the king and his friends; that they all agreed that he was
effectually stripped of power. _Yet the legislative power had not been
taken from him; but only the power to enforce his laws, unless juries
should freely consent to their enforcement._]
[Footnote 14: The laws were, at that time, all written in Latin.]
[Footnote 15: "No man shall be condemned at the king's suit, either
before the king in his bench, where pleas are _coram rege_, (before the
king,) (and so are the words _nec super eum ibimus_, to be understood,)
nor before any other commissioner or judge whatsoever, and so are the
words _nec super eum mittemus_, to be understood, but by the judgment of
his peers, that is, equals, or according to the law of the land."--_2
Coke's Inst._, 46.]
[Footnote 16: Perhaps the assertion in the text should be made with this
qualification--that the words "_per legem terræ_," (according to the law
of the land,) and the words "_per legale judicium parium suorum_,"
(according to the _legal_ judgment of his peers,) imply that the king,
before proceeding to any _executive_ action, will take notice of "the
law of the land," and of the _legality_ of the judgment of the peers,
and will _execute_ upon the prisoner nothing except what the law of the
land authorizes, and no judgments of the peers, except _legal_ ones.
With this qualification, the assertion in the text is strictly
correct--that there is nothing in the whole chapter that grants to the
king, or his judges, any _judicial_ power at all. The chapter only
describes and _limits_ his _executive_ power.]
[Footnote 17: See Blackstone's Law Tracts, page 294, Oxford Edition.]
[Footnote 18: These Articles of the Charter are given in Blackstone's
collection of Charters, and are also printed with the _Statutes of the
Realm_. Also in Wilkins' Laws of the Anglo-Saxons, p. 356.]
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