Having thus examined the language of this chapter of Magna Cart,
so far as it relates to criminal cases, its legal import may be stated
as follows, viz.:
No freeman shall be arrested, or imprisoned, or deprived of his
freehold, or his liberties, or free customs, or be outlawed, or
exiled, or in any manner destroyed, (harmed,) nor will we (the
king) proceed. against him, nor send any one against him, by force
or arms, unless according to (that is, in execution. of) the sentence
of his peers, and (or or, as the case may require) the Common Law
of England, (as it was at the time of Magna Carta, in 1215.)
[1] Hume, Appendix 2,
[2] Crabbe's History of the English Law, 236.
[3] Coke says, "The king of England is armed with divers councils,
one whereof is called commune concilium, (the common council,)
and that is the court of parliament and so it is legally called in
writs and judicial proceedings comanche concilium regni
Anglicae, (the common council of the kingdom of England.
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