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Updated: May 2, 2025
Dicuil, also an Irish monk, was the author of a remarkable work on geography, De Mensura Provinciarum Orbis Terrae, which was written in 825, and contains interesting references to Iceland and especially to the navigable canal which once connected the Nile with the Red Sea. He wrote between 814 and 816 a work on astronomy which has never been published.
But if this trial really were any other than the trial by jury, it must have been nearly or quite extinct at the time of Magna Carta; and there is no probability that it was included in "legem terrae." Hallam says, "It appears as if the ordeal were permitted to persons already convicted by the verdict of a jury." 2 Middle Ages, 446, note.
We may conjecture, although we cannot perhaps know with much certainty, that the lex terrae, or common law, governing these other proceedings, was somewhat similar to the common law principle, on the same points, at the present day. Such seem to be the opinions of Coke, who says that the phrase nisi per legem terrae means unless by due process of law. Thus, he says: "Nisi per legem terrae.
In like manner, nostram necessitatem is explained by nullae ultra terrae: there is no retreat for us, etc. Animus, Confidence. Proelium arma. T. has a passion for pairs of words, especially nouns, of kindred signification. Priores pugnae, sc. in which the Caledonians took no part.
But best of all is this which another writer has expressed: "Sapiens adjuvabit opus astrorum quemadmodum agricola terrae naturam:" a wise man assisteth the work of the stars as the husbandman helpeth the nature of the soil. It does not concern men who are asleep in their beds, but it is very important to the traveller, whether the moon shines brightly or is obscured.
The 'terrae filius' was sometimes expelled the university on account of the licence of his speech. and two children, whereof one a very pretty little boy, like him, so fat and black. Here I saw the organ; but it is too big for my house, and the fashion do not please me enough; and therefore will not have it.
But one may doubt whether these were in contemplation of the framers of Magna Carta. In an entry of the Charter of 1217 by a contemporary hand, preserved in the Town-clerk's office in London, called Liber Custumarum et Regum antiquarum, a various reading, et per legem terrae, occurs.
Hallam says, if the word vel, be rendered by and,, "the meaning will be, that no person shall be disseized, &c., except upon a lawful cause of action.", This is true; but it does not follow that any cause of action, founded on statute only,, is therefore a "lawful, cause of action," within the meaning of legem terrae, , or the Common Law., Within the meaning of the legem terrae, of Magna Carta, nothing but a common law, cause of action is a "lawful", one.
The foregoing authorities are cited to show to the unprofessional reader, what is well known to the profession, that legem terrae, the law of the land,mentioned in Magna Carta, was the common, ancient, fundamental law of the land, which the kings were bound by oath to observe; and that it did not include any statutes or laws enacted by the king himself, the legislative power of the nation.
Pars prima, continens Capita 23. Commendatio breuis terrae Hierosolimitanae. Ab impotentibus vero, et impeditis, quatenus supradictos vel hortentur, vel in aliquo modo iuuent, seu certe fideles fondant orationes. Verum quia iam nostris temporibus verius quam olim dici potest, Virtus, Ecclesia, Clerus, daemon, symonia, Cessat, calcatur, errat, regnat, dominatur,
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