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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."
For the colveres ben norysscht in tho places, where thei ben sent to; and thei senden hem thus, for to beren here lettres. And the colveres retournen azen, where as thei ben norisscht; and so thei doe comounly. Secunda pars. Persuasio ad non credentes terrarum diuersitates per orben terrae.
All of them had become nearly extinct at the time of Magna Carta, and it is not probable that they were included in "legem terrae," as that term is used in that instrument. But if they were included in it, they have now been long obsolete, and were such as neither this nor any future age will ever return to.
Notandum, Dan est viculus in quarto a Pennea de Miliario euntibus, contra Septentrionem: vsque hodie sic vocatur terminus Iudeae, contra Septentrionem est etiam et fons Ior, de quo et Iordanis fluuius erumpens alterum sortitus nomen Ior. Termini Iudeae terrae a Bersabe incipiunt vsque ad Dan, qui vsque Peneaden terminatur, Ieronimus. De secta detestabili Saracenorum et eorum fide.
Not only so, but he applied the knowledge thus acquired to the dissection of large districts, both at home and abroad, so as to become the geological discoverer of great countries which had formerly been 'terrae incognitae." But Sir Roderick Murchison is not merely a geologist.
The Norman princes, from William the Conqueror to John, I think without exception, bound themselves, and, in order to mqintain their thrones, were obliged to bind themselves, to observe the ancient laws and customs, in other words; the "lex terrae," or "common law" of the kingdom.
It is probable that the trial by battle, so far as it prevailed at all in England, was rather tolerated as a matter of chivalry, than authorized as a matter of law. At any rate, it is not likely that it was included in the "legem terrae" of Magna Carta, although such duels have occasionally occurred since that time, and have, by some, been supposed to be lawful.
He had arrested with his own hands, pulling him down from the rostrum and committing him to Bocardo prison, an undergraduate who had carried too far the wit of the 'Terrae Filius', the licensed jester of the solemn Act. Fortunately the Vice-Chancellor in these more orderly days has not to carry out discipline with his own hands in this summary fashion.
Whether a sentence be a legal one, would have to be ascertained by the king or his judges, on appeal, or might be judged of informally by the king himself. "Per legem terrae." One other phrase remains to be explained, viz., "per legem terrae," "by the law of the land."
This chapter of Magna Carta would, therefore, have imposed not the slightest restraint upon the power of the king, or afforded the slightest protection to the liberties of the people, if the laws of the king had been embraced in theterm legem terrae.
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