"
"Nec super eum ibimus, nec super eum mittemus."
There has been much confusion and doubt as to the true meaning
of the words, "nec super eum ibimus, neo super eum mittemus."
The more common rendering has been, "nor wilt we pass upon
him, nor condemn him." But some have translated them to mean,
"nor will we pass upon him, nor commit him to prison." Coke
gives still a different rendering, to the effect that "No man shall be
condemned at the king's suit, either before the king in his bench,
nor before any other commissioner or judge whatsoever." [11]
But all these translations are clearly erroneous. In the first place,
"nor will we pass upon him," meaning thereby to decide upon his
guilt or innocence judicially is not a correct rendering of the
words, "nec super eum ibimus." There is nothing whatever, in
these latter words, that indicates judicial action or opinion at all.
The words, in their common signification, describe physical action
alone. And the true translation of them, as will hereafter be seen,
is, "nor will we proceed against him," executively.
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