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Updated: June 5, 2025
The word is a French word, brought into England by the Normans. "I have heard great question made what the true exposition of this word balivus is. In the statute of Magna Carta, cap. 28, the letter of that statute is, nullus balivus de eaetero ponat aliqnem ad legem manifestam nec ad juramentum simplici loquela sua sine testibus fidelibus ad hoc inductis."
We also know, generally, that, at the time of Magna Carta, all acts intrinsically criminal, all trespasses against persons and property, were crimes, according to lex terra, or the common law. Beyond the points now given, we hardly know anything, probably nothing with certainty, as to what the "legem terran" of Magna Carta did authorize, in regard to crimes.
Barristers. The proper legal denomination of this class is apprentices, being the first degree in the law conferred by the inns of court. Spelman defines apprentice, tyro, discipulus, novitius in aliqua facultate. They were termed apprenticii ad legem, or ad barras; and hence arose the cognomen of barristers.
"Jejunium singulis diebus, exceptis Dominicis, observetis a Festo Exaltationis Sanctae Crucis usque ad diem Dominicae Resurrectionis, nisi infirmitas vel debilitas corporis, aut alia justa causa, jejunium solvi suadeat; quia necessitas non habet legem. Ab esu carnium abstineatis, nisi pro infirmitatis aut debilitatis remedio sint sumantur." That is the tenth section of the rule.
For the next 17 years he was a leading senator and much engaged in diplomacy in the East. In 169 he was again consul and commanded against Perseus in the early part of the war. CUM ... LEGEM VOCONIAM ... SUASISSEM: 'after I had spoken publicly in favor of the law o£ Voconius'. For suasissem cf. 10 suasor with n.
I should be loath to try such an experiment or deprive you of your child but necessitous non habet legem, the school-book says. I think you, too, studied a little Latin, Miriam?" "Monster!" "Not a very relevant or polite remark, I must confess. I could find it in my heart to love you still there, it is out at last if it were not for Mrs. Raymond " glancing, as he spoke, in the direction of Mrs.
There is hardly anything extant that can give us any real light on the subject. And it provides that nothing shall be done, by the government, from beginning to end, unless according to the sentence of the peers, or "legem terrae," the common law. The trial by peers was a part of legem terrae, and we have seen that the peers must necessarily have governed the whole proceedings at the tria1.
Hanc unice supremam omnium legem esse contendebat; deliberata constautia perfectissime colendam. De aliis et seipso sentiebat: ut quoties criminis reos ad poenas letales damnatos audiret, semper cogitaret, saspe diceret: "Quis dixerat annon me sint melioresi Utique, si ipse melior, id non mihi auctori tribuendum esse, palam aio, confiteor; sed ita largienti Deo." Orig. Edit.
Such, then, being the meaning of legem terrae, the fact is established that Magna Carta took an accused person entirely out of the hands of the legislative power, that is, of the king; and placed him in the power and under the protection of his peers, and the common law alone; that, in short, Magna Carta suffered no man to be punished for violating any enactment of the legislative power, unless the peers or equals of the accused. freely consented to it, or the common law authorized it; that the legislative power, of itself, was wholly incompetent to require the conviction or punishment of a man for any offence whatever.
The familiar rule laid down by Lord Coke is as pertinent to-day as when first announced: "Great regard ought, in construing a law, to be paid to the construction which the sages, who lived about the time soon after it was made, put upon it, because they were best able to judge of the intention of the makers at the time when the law was made. Contemporania exposito est fortissima in legem."
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