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These examples at least show that there is nothing improbable or unnatural in the idea that juries should try all civil suits according to their own judgments, independently of all laws of the king. Chap. 65. "If we have disseized or dispossessed the Welsh of any lands, liberties, or other things, without the legal judgment of their peers, they shall be immediately restored to them.
But the grand article, and that which cemented all the parts of the fabric of liberty, was this, that "no freeman shall be taken, or imprisoned, or disseized, or outlawed, or banished, or in any wise destroyed, but by judgment of his peers."
The meaning will be, that no person shall be disseized, &c;., except upon a lawful cause of action, found by the verdict of a jury. This really seems as good as any of the disjunctive interpretatios; but I do not offer it with much confidence." 2 Hallam's Middle Ages, Ch. 8, Part 2, p. 449, note."
But the grand article, and that which cemented all the parts of the fabric of liberty, was this: "that no freeman shall be taken or imprisoned, or disseized, or outlawed, or banished, or in any wise destroyed, but by judgment of his peers."
"No freeman shall be taken or imprisoned, or disseized, or outlawed, or banished, or any ways destroyed, nor will we pass upon him, nor will we send upon him, unless by the lawful judgment of his peers, or by the law of the land."
And he said, Hear me! all those whom I have disseized of their inheritances for following the Campeador, I restore again to the possession thereof, and all those who desire to serve him I freely licence: let them go in the grace of God.
Tutt eloquently, "that in this land of liberty in which we are privileged to dwell no man can be convicted of a crime except by a jury of his peers a right sacred under our Constitution and inherited from Magna Charta, that foundation stone of English liberty, in which the barons forced King John to declare that 'No freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or in any way harmed ... save by the lawful judgment of his peers or by the law of the land.
Hallam says, if the word vel, be rendered by and,, "the meaning will be, that no person shall be disseized, &c., except upon a lawful cause of action.", This is true; but it does not follow that any cause of action, founded on statute only,, is therefore a "lawful, cause of action," within the meaning of legem terrae, , or the Common Law., Within the meaning of the legem terrae, of Magna Carta, nothing but a common law, cause of action is a "lawful", one.
Darrein presentement was an inquest to discover who presented the last person to a church; mort de ancestor, whether the last possessor was seized of land in demesne of his own fee; and novel disseisin, whether the claimant had been unjustly disseized of his freehold. He has no power to do it, either with, or without, the king's command.
The parties agreed that henceforth no baron or free tenant should be disseized of land or goods by the king's justices or servants without a trial according to the customs and assizes of the land, or by the direct orders of the king. The clause points not merely forward but backward, and shows what had no doubt frequently occurred since the departure of the king.
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