law of the land
idea · 3 works · 6 mentions · 11 anchored passages
lex terrae · per legem terrae · due process of law · legem terrae · the law of the land · due course of law
spoken of as
2 expressionsLex Terrae“Law of the Land”4 mentions
Magna Carta: A Commentary on the Great Charter of King John (English) · The Constitutional Documents of the Puritan Revolution, 1625–1660 (English) · An Essay on the Trial by Jury (English)
John was no longer to take the law into his own hands:
Per legem terrae“law of the land”1 mention
The Constitutional Documents of the Puritan Revolution, 1625–1660 (English)
out of the very body of this Act of Parliament, besides the explanation of other statutes, it appears, ‘Nullus liber homo capiatur vel imprisonetur nisi per legem terrae.
in the texts
An Essay on the Trial by Jury
The phrase per legem terrae, interpreted as referring to the ancient common law binding the king, not his own statutes.
“Per legem terræ.
, “per legem terræ,” “by the law of the land.
All writers agree that this means the common law.
The Constitutional Documents of the Puritan Revolution, 1625–1660
The doctrine of 'per legem terrae' (by the law of the land), the Magna Carta phrase debated by counsel as requiring due process such as presentment or indictment before imprisonment.
out of the very body of this Act of Parliament, besides the explanation of other statutes, it appears, ‘Nullus liber homo capiatur vel imprisonetur nisi per legem terrae.
What then is meant by these words, ‘per legem terrae’?
Magna Carta: A Commentary on the Great Charter of King John
The phrase 'law of the land' (lex terrae), whose original narrow, procedural meaning is argued to have gradually broadened into the modern notion of due process.
John was no longer to take the law into his own hands:
No freeman could be punished except “in accordance with the law of the land.
Much weight, however, must be allowed to the arguments of those who contend for interpreting “lex terrae” more in accordance with the vague and somewhat meaningless “law of the land” of popular speech at the present day.