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Updated: May 2, 2025
"Eodem anno duodecim celebres Asiae urbes conlapsae nocturno motu terrae; quo improvisior graviorque pestis fuit. Neque solitum in tali casu effugium in aperta prorumpendi, quia diductis terris hauriebantur. Sedisse immensos montes, enisa in arduum quae plana fuerint, effulsisse inter ruinam ignis memorant."
I could almost have believed at times that I must be the first discoverer of some of these terrae incognitae, and doubted whether they had yet been laid down in the modern charts of London.
We also know that, in case of conviction, the sentence of the jury was not necessarily final; that the accused had the right of appeal to the king and his judges, and to demand either a new trial, or an acquittal, if the trial or conviction had been against law. So much, therefore, of the legem terrae of Magna Carta, we know with reasonable certainty.
Still another question arises on the words legem terrae, viz., whether, in cases where the question of guilt was determined by the jury, the amount of punishment may not have been fixed by legem terrae, the Common Law, instead of its being fixed by the jury.
Per huiusmodi aquam dicitur Deus pro indicibili vitio Pentapolim submersisse, Sodomam, Gomorram, Adamam, Seboim, et Segor. Quidam vocant hoc mare lacum Asphaltidis, alij fluuium Daemonum, aut flumen Putre. Mare istud mortuum determinat fines terrae promissionis, et Arabiae.
The whole poem, with its references to old myths, is merely a rehearsal of schoolroom reminiscences, as might have been guessed from the fine Lucretian rhythms with which it begins: Namque canebat, uti magnum per inane coacta Semina terrarumque animaeque marisque fuissent Et liquidi simul ignis; ut his exordia primis Omnia et ipse tener mundi concreverit orbis; Tum durare solum et discludere Nerea ponto Coeperit, et rerum paulatim sumere formas; Iamque novum terrae stupeant lucescere solem.
I cite the above extract from Mr. Hallam solely for the sake of his authority for rendering the word vel by and; and not by any means for the purpose of indorsing the opinion he suggests, that legem terrae authorized "judgments by default or demurrer,* without the intervention of a jury.
Gibbons there, he and I to see an organ at the Dean of Westminster's lodgings at the Abby, the Bishop of Rochester's; where he lives like a great prelate, his lodgings being very good; though at present under great disgrace at Court, being put by his Clerk of the Closet's place. I saw his lady, of whom the 'Terrae Filius' of Oxford was once so merry; Mr.
All writers agree that this means the common law.Thus, Sir Matthew Hale says: "The common law is sometimes called, by way of eminence, lex terrae,as in the statute of Magna Carta,chap. 29, where certainly the common law is principally intended by those words, aut per legem terrae;as appears by the exposition thereof in several subsequent statutes; and particularly in the statute of 28 Edward III., chap. 3, which is but an exposition and explanation of that statute.
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.
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