Coke's rendering is, if possible, the most absurd and gratuitous of
all. What is there in the words, "nec super eum mittemus," that can
be made to mean "nor shall he be condemned before any other
commissioner or judge whatsoever."? Clearly there is nothing. The
whole rendering is a sheer fabricatin. And the whole object of it is
to give color for the exercise of a judicial power, by the king, or
his judges, which is nowhere given them.
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.
Pages:
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68