ibimus, nec super eum mittemus._"

There has been much confusion and doubt as to the true meaning of the
words, "_nec super eum ibimus, nec super eum mittemus_." The more common
rendering has been, "_nor will 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_." Coke gives still a different rendering, to the
effect that "No man shall be condemned at the king's suit, either before
the king in his bench, nor before any other commissioner or judge
whatsoever."[15]

But all these translations are clearly erroneous. In the first place,
"_nor will we pass upon him_,"--meaning thereby to decide upon his guilt
or innocence _judicially_--is not a correct rendering of the words,
"_nec super eum ibimus_." There is nothing whatever, in these latter
words, that indicates _judicial_ action or opinion at all. The words, in
their common signification, describe _physical_ action alone. 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. Their common
signification, like that of the words _nec super eum ibimus_, describes
_physical_ action alone. "_Nor will we send upon (or against) him_,"
would be the most obvious translation, and, as we shall hereafter see,
such is the true translation.

But although these words describe _physical_ action, on the part of the
king, as distinguished from judicial, they nevertheless do not mean, as
one of the translations has it, "_nor will we commit him to prison_;"
for that would be a mere repetition of what had been already declared by
the words "_nec imprisonetur_." Besides, there is nothing about prisons
in the words "_nec super eum mittemus_;" nothing about sending _him_
anywhere; but only about sending (something or somebody) _upon_ him, or
_against_ him--that is, _executively_.

Coke's rendering is, if possible, the most absurd and gratuitous of all.
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 fabrication. And the whole o