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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"


[10] The laws were, at that time, all written in Latin.
[11]"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.
[12] Perhaps the assertion in the text should be made with this
qualification that the words "per legem terrae," (according to the
law of the land,) and the words "per legale judiciun 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.


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