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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.
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."
And the true translation of them, as will hereafter be seen, is, "nor will we proceed against him," executively. In the second place, the rendering, "nor will we condemn him," bears little or no analogy to any common, or even uncommon, signification of the words "nec super eum mittemus." There is nothing in these latter words that indicates judicial action or decision.
Coke's interpretation of this chapter of Magna Carta is of a piece with his absurd and gratuitous interpretation of the words "nec super eum ibimus, nec super eum mittemus," which was pointed out in a former article, and by which he attempted to give a judicial power to the king and his judges, where Magna Carta had given it only to a jury.
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.
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."
The true meaning of the words, nec super eum ibimus, nec super eum mittemus, is also proved by the "Articles of the Great Charter of Liberties," demanded of the king by the barons, and agreed to by the king, under seal, a few days before the date of the Charter, and from which the Charter was framed.
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