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Updated: May 22, 2025
The foregoing interpretations of the words nisi per legem terrae are corroborated by the following statutes, enacted in the next century after Magna Carta. "That no man, from henceforth; shall be attached by any accusation, nor forejudged of life or limb, nor his land, tenements, goods, nor chattels, seized into the king's hands, against the form of the Great Charter, and the law of the land."
They have grossly belied me that forejudged that I would rather become a servant to the Spanish king than return; and the rest were much mistaken, who would have persuaded that I was too easeful and sensual to undertake a journey of so great travail.
"I'm forejudged, it, seems," he made answer haughtily, tossing his fair locks, his blue eyes glaring upon his judges. "May I, at least, know the name of my accuser?" "You shall receive impartial justice at our hands," put in Phelips, whose manner was of a dangerous mildness. "Depend on that. Not only shall you know the name of your accuser, but you shall be confronted by him.
The latter, to me, is the most serious, the most alarming, and the most afflicting of the two; and, without more charity for the opinions and acts of one another in governmental matters, or some more infallible criterion by which the truth of speculative opinions, before they have undergone the test of experience, are to be forejudged, than has yet fallen to the lot of fallibility, I believe it will be difficult, if not impracticable, to manage the reins of government, or to keep the parts of it together; for if, instead of laying our shoulders to the machine after measures are decided on, one pulls this way and another that, before the utility of the thing is fairly tried, it must inevitably be torn asunder, and, in my opinion, the fairest prospect of happiness and prosperity that ever was presented to man will be lost, perhaps for ever.
St, 5 Edward III., Ch. 9. "Whereas it is contained in the Great Charter of the franchises of England, that none shall be imprisoned, nor put out of his freehold, nor of his franchises, nor free customs, unless it be by the law of the land; it is accorded, assented, and established, that from henceforth none shall be taken by petition, or suggestion made to our lord the king, or to his council, unless it be by indictment or presentment of good and lawful people of the same neighborhood where such deeds be done in due manner, or by process made by writ original at the common law; nor that none be put out of his franchises, nor of his freehold, unless he be duly brought into answer, and forejudged of the same by the course of the Law; and if anything be done against the same, it shall be redressed, and holden for none." 8t. 95 Edward III., Ch. 4.
The last, to me, is the most serious, the most alarming, and the most afflicting of the two, and, without more charity for the opinions of one another in governmental matters, or some more infallible criterion by which the truth of speculative opinions, before they have undergone the test of experience, are to be forejudged, than has yet fallen to the lot of fallibility, I believe it will be difficult, if not impracticable, to manage the reins of government, or to keep the parts of it together; for if, instead of laying our shoulders to the machine, after measures are decided on, one pulls this way, and another that, before the utility of the thing is fairly tried, it must inevitably be torn asunder; and, in my opinion, the fairest prospect of happiness and prosperity that ever was presented to man will be lost, perhaps forever.
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