Note 19 — Chapter I
Reading edition
See Coke, p. 50, on Magna Charta. He says, “Nisi per legem terræ,” but by the law of the land. For the true sense and exposition of these words see the Statute of 37 Edward III. cap. 8, where the words ‘but by the law of the land’ are rendered ‘without due process of law;’ for there it is said, though it be contained in the great charter that no man is to be taken, imprisoned, or put out of his freehold without process of law, that is, without indictment or presentment of good and lawful men, where such deeds be done in due manner, or by writ original of common law, etc. In 28 Edward III. ch. 3, the words are rendered “without being brought in to answer but by due process of the common law.”