Magna Carta: A Commentary on the Great Charter of King John
(1): Capiatur vel imprisonetur.
20th Century William Sharp McKechnie EnglishThese words are followed in the text by a string of other verbs, each of which is introduced by “aut” (“aut disseisiatur,” etc.). The contrast between “vel” and “aut” strengthens the suggestion that “vel” is used in this chapter conjunctively. The meaning would then be that no one could be arrested and imprisoned (that is, no one could be detained as a prisoner) without trial. If “vel,” on the other hand, were to be read disjunctively while the two words it connects were literally interpreted and enforced, orderly government would be at an end. Arrest normally precedes judgment, although judgment must precede permanent imprisonment following on arrest.