he law; that is, by indictment or
presentment of good and lawful men, where such deeds be done in due
manner, or by writ original of the common law_.

"Without being brought in to answer but by due process of the common
law.

"No man be put to answer without presentment before justices, or thing
of record, or by due process, or by writ original, _according to the old
law of the land_."--_2 Inst._ 50.

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_."--_St. 5 Edward III., Ch._ 9.
(1331.)

"Whereas it is contained in the Great Charter of the franchises of
England, that none shall be imprisoned, nor put out of his freehold, nor
of his franchises, nor free customs, _unless it be by the law of the
land_; it is accorded, assented, and established, that from henceforth
none shall be taken by petition, or suggestion made to our lord the
king, or to his council, _unless it be by indictment or presentment of
good and lawful people of the same neighborhood where such deeds be done
in due manner, or by process made by writ original at the common law_;
nor that none be put out of his franchises, nor of his freehold, _unless
he be duly brought into answer, and forejudged of the same by the course
of the law_; and if anything be done against the same, it shall be
redressed and holden for none."--_St. 25 Edward III., Ch._ 4. (1350.)

"That no man, of what estate or condition that he be, shall be put out
of land or tenement, nor taken, nor imprisoned, nor disinherited, nor
put to death, without being brought in answer _by due process of
law_."--_St. 28 Edward III., Ch._ 3. (1354.)

"That no man be put to answer without presentment before justices, or
matter of record, or by due process and writ original, according to the
_old law of the land_. And if anything from henceforth be done to the
contrary, it shall be void in law, and holden for error."--_St. 42
Edward III., Ch._ 3. (1368.)

The foregoing interpretation of the words _nisi per legem terrae_--that
is, _by due process of law_--including indictment, &c., has been adopted
as the true one by modern writers and courts; as, for e