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The chapter guaranteeing the trial by jury is in these words: "Nullus liber homo capiatur, vel imprisonetur, aut disseisetur, aut utlagetor, aut exuletur, aut aliquo modo destruatur; nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terrae." "Nec super eum ibimus, nec super eum mittemus."
Every crisis in the destinies of the Island Kingdom and they were many and frequent produced its batch of these procuratory documents, every batch its quota of pressed men. The inference is plain. The mariner was the bondsman of the sea, and to him the Nullus liber homo capiatur clause of the Great Charter was never intended to apply.
Of this Blackstone says: "The trial by jury, or the country, per patriam, is also that trial by the peers of every Englishman, which, as the grand bulwark of his liberties, is secured to him by the Great Charter; nullus liber homo capiatur, vel imprisonetur, aut exuletur, aut aliquo modo destruatur, nisi per legale judicial parium suorum, vel per legem terrae.
Here the words used are these: "Ne corpus liberi hominis capiatur nec imprisonetur nec disseisetur nec ut1agetur nec exuletur nec aliquo modo destruatur nec rex eat vel mittat super eun vi nisi per judicium pariurn suorum vel per legem terrae." "Per legale judicium parium suorum." In giving this interpretation, I leave out, for the present, the word legale, which will be defined afterwards.
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