But that all these translations are certainly erroneous, is proved by a temporary charter, granted by John a short time previous to the Great Charter, for the purpose of giving an opportunity for conference, arbitration, and reconciliation. between him and his barons. It was to have force until the matters in controversy between them could be submitted to the Pope, and to other persons to be chosen, some by the king, and some by the barons. The words of the charter are as follows:
"Sciatis nos concessisse baronibus nostris qui contra nos sunt quod nec eos nec homines suos capiemus, nec disseisiemus nec super eos per vim vel per arma ibimus nisi per legem regni nostri vel per judicium parium suorum in curia nostra donec consideratio facta fuerit," &c;., &c;.
That is, "Know that we have granted to our barons who are opposed to us, that we will neither arrest them nor their men, nor disseize them, nor will we proceed against them by force or by arms, unless by the law of our kingdom, or by the judgment of their peers in our court, until consideration, shall be had," &c;., &c;.
A copy of this charter is given in a note in Blackstone's
Introduction to the Charter.[13]
Mr. Christian speaks of this charter as settling the true meaning of the corresponding clause of Magna Carta, on the principle tat laws and charters on the same subject are to be construed with reference to each other. See 3 Christin's Blackstone, 41, note.
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. [14] 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."
That is, "The body of a freeman shall not be arrested, nor imprisoned, nor disseized, nor outlawed, nor exiled, nor in any manner destroyed, nor shall the king proceed or send (any one) against him, WITH FORCE, unless by the judgment of his peers, or the law of the land."
The true translation of the words nec super eum ibimus, nec super eum mittemus, in Magna Carta, is thus made certain, as follows, "nor will we (the king) proceed against him, nor send (any one) against him, WITH FORCE OR ARMS. [15]
It is evident that the difference between the true and false translations of the words, nec super eum ibius, nec super eum mittemus, is of the highest legal importance, inasmuch as the true translation, nor will we (the king) proceed against him, nor send (any one) against him by force of arms, represents the king only in an executive character, carrying the judgment of the peers and "the law of the land" into execution; where as the false translation, nor will we pass upon him, nor condemn him, gives color for the exercise of a judicial power, on the part of the king, to which the king had no right, but which, according to the true translation, belongs wholly to th jury.