hey all agreed that he was
effectually stripped of power. _Yet the legislative power had not been
taken from him; but only the power to enforce his laws, unless juries
should freely consent to their enforcement._]

[Footnote 14: The laws were, at that time, all written in Latin.]

[Footnote 15: "No man shall be condemned at the king's suit, either
before the king in his bench, where pleas are _coram rege_, (before the
king,) (and so are the words _nec super eum ibimus_, to be understood,)
nor before any other commissioner or judge whatsoever, and so are the
words _nec super eum mittemus_, to be understood, but by the judgment of
his peers, that is, equals, or according to the law of the land."--_2
Coke's Inst._, 46.]

[Footnote 16: Perhaps the assertion in the text should be made with this
qualification--that the words "_per legem terrae_," (according to the law
of the land,) and the words "_per legale judicium parium suorum_,"
(according to the _legal_ judgment of his peers,) imply that the king,
before proceeding to any _executive_ action, will take notice of "the
law of the land," and of the _legality_ of the judgment of the peers,
and will _execute_ upon the prisoner nothing except what the law of the
land authorizes, and no judgments of the peers, except _legal_ ones.
With this qualification, the assertion in the text is strictly
correct--that there is nothing in the whole chapter that grants to the
king, or his judges, any _judicial_ power at all. The chapter only
describes and _limits_ his _executive_ power.]

[Footnote 17: See Blackstone's Law Tracts, page 294, Oxford Edition.]

[Footnote 18: These Articles of the Charter are given in Blackstone's
collection of Charters, and are also printed with the _Statutes of the
Realm_. Also in Wilkins' Laws of the Anglo-Saxons, p. 356.]

[Footnote 19: Lingard says, "The words, '_We will not destroy him, nor
will we go upon him, nor will we send upon him_,' have been very
differently expounded by different legal authorities. Their real meaning
may be learned from John himself, who the next year promised by his
letters patent ... nec super eos _per vim vel per arma_ ibimus, nisi per
legem regni nostri, vel per judicium parium suorum in curia nostra, (nor
will we go upon them _by force or by arms_, unless by the law of our
kingdom, or the judgment of their peers in our court.) Pat. 16 Johan,
apud Drad. 11, app. no. 124. He had hitherto been in the habit of
_going_ with