Читать книгу Magna Carta, and Other Addresses онлайн

23 страница из 40

"A land of settled government,

A land of just and old renown,

Where freedom slowly broadens down

From precedent to precedent."

The phrase "the law of the land," as used in Magna Carta, must have been intended at the time to include procedure as well as substantive law, but the term "due process of law," now its current equivalent, originally related only to procedure. A very early, if not the earliest, use of the term "due process of law" will be found in a statute of the year 1354, 28 Edward III., in which it was provided that no person should be condemned without being first brought to answer by due process of the law, the exact wording in the quaint Norman-French of the day being "saunz estre mesne en respons par due proces de lei." As at the same time the Great Charter was being expressly confirmed "to be kept and maintained in all points," the provision in regard to due proces de lei in the act of 1354 was undoubtedly intended to be supplemental to the provisions of the Great Charter and to apply only to persons being brought to trial in a court of justice. It is true that in the seventeenth century Lord Coke used the phrase "due process of law" as the equivalent of "the law of the land," but in the contemporaneous Petition of Right of 1628 mention is made specifically of the "Great Charter of the Liberties of England" and its provision as to "the law of the land," and reference is made separately to the act of 28 Edward III. and its provision that no man should be prosecuted "without being brought to answere by due process of lawe."

Правообладателям