" 8t. 95 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 imprisond, nor disinherited,
nor put to death, without being brought in answer by due process
of law." 8t. 28 Aboard 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." 8t. 42 Edward IIL, 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
example, by Kent, (2 Comm. 13,) Story, (3 Comm. 661,) and the
Supreme Court of New York, (19 Wendell, 6T6; 4 Hill, 146.)
The fifth amendment to the constitution of the United States seems
to have been framed on the same idea, inasmuch as it provides that
"no person shall be deprived of life, liberty, or property, without
due process of law.
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