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Updated: June 5, 2025
The provision, also, in the 64th chapter of Magna Carta, that " all unjust and illegal fines, and all amercements, imposed unjustly, and contrary to the Law of the Land, shall be entirely forgiven," &c;.; and the provision, in chapter 61, that the king "will cause full justice to be administered" in regard to "all those things, of which any person has, without legal judgment of his peers, been dispossessed or deprived, either by King Henry, our father., or our brother, King Richard," indicate the tyrannical practices that prevailed.
For example, how could the payment of a debt ever be enforced against an unwilling debtor, if he could neither be "arrested, imprisoned, nor deprived of his freehold," and if the king could neither "proceed against him, nor send any one against him, by force or arms" ? Yet Magna Carta as much forbids that any of these things shall be done against a debtor, as against a criminal, except according to, or in execution of, " a judgment of his peers, or the law of the land," a provision which, it has been shown, gave the jury the free and absolute right to give or withhold "judgment" according to their consciences, irrespective of all legislation.
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.
These arbitrary orders lead one to appreciate the importance of the provision of Magna Carta which establishes that "no freeman shall be taken or imprisoned except by the lawful sentence of his peers and in accordance with the law of the land."
"Twelve freeholders were chosen, who, having sworn, together with the hundreder, or presiding magistrate of that division, to administer impartial justice, proceeded to the examination of that cause which was submitted to their jurisdiction." Hume, ch. 2. Wilkins, 321 323. Glanville, who wrote within the half century previous to Magna Carta, says; Beames' Glanville, 65.
It cried aye carta, if sae be that it was carta, and made a sign to Rab to follow it. "Tenues secessit in auras," quoth Oldbuck.
A series of privileges, guarantees, and concessions were consequently issued by the government to individual foreign merchants, to foreign towns, and even to foreigners generally, the object of which was to encourage their coming to England to trade. The most remarkable instance of this was the so-called Carta Mercatoria issued by Edward I in 1303.
It was something about a cart, I fancy, for the ghaist cried aye, Carter, carter " "Carta, you transformer of languages!" cried Oldbuck; "if my ancestor had learned no other language in the other world, at least he would not forget the Latinity for which he was so famous while in this." "Weel, weel, carta be it then, but they ca'd it carter that tell'd me the story.
In allusion to the provision of Magna Carta on this subject, Hallam says: "A law which enacts that justice shall neither be sold, denied, nor delayed, stamps with infamy that government under which it had become necessary." 2 Middle Ages, 451.
Here is Ned at Runningmede when King John with his pen in hand was about to sign the Magna Carta. "For a moment the King paused irresolute, the uplifted quill in his hand, while his crafty, furtive eyes indicated that he might yet break his plighted faith with the assembled barons. "Ned laid his mailed hand upon the parchment. "'Sign it, he said sternly, 'or take the consequences.
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