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HandWiki. Law of the Land. Encyclopedia. Available online: https://encyclopedia.pub/entry/32986 (accessed on 23 September 2026).
HandWiki. Law of the Land. Encyclopedia. Available at: https://encyclopedia.pub/entry/32986. Accessed September 23, 2026.
HandWiki. "Law of the Land" Encyclopedia, https://encyclopedia.pub/entry/32986 (accessed September 23, 2026).
HandWiki. (2022, November 04). Law of the Land. In Encyclopedia. https://encyclopedia.pub/entry/32986
HandWiki. "Law of the Land." Encyclopedia. Web. 04 November, 2022.
Law of the Land
Edit

The phrase law of the land is a legal term, equivalent to the Latin lex terrae, or legem terrae in the accusative case. It refers to all of the laws in force within a country or region, including statute law and case-made law.

land law legal

References

  1. Magna Carta (1297). http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=1517519
  2. Black, Henry. A Law Dictionary, page 709 (West Publishing 1910).
  3. Virginia Constitution of 1776, Section 8: "[N]o man be deprived of his liberty, except by the law of the land or the judgment of his peers." http://www.lonang.com/exlibris/organic/1776-vdr.htm
  4. North Carolina Constitution of 1776, Section XII:"That no freeman ought to be taken, imprisoned, or disseized of his freehold liberties or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the law of the land." http://www.lonang.com/exlibris/organic/1776-ncr.htm
  5. Farrand, Max. "The Delaware Bill of Rights of 1776", The American Historical Review, Vol. 3, No. 4 (Jul., 1898), pp. 641-649: "That every freeman for every injury done him in his goods, lands, or person, by any other person, ought to have remedy by the course of the law of the land, and ought to have justice and right for the injury done to him, freely without sale, fully without any denial, and speedily without delay, according to the law of the land."
  6. Maryland Constitution of 1776, Sections XVII and XXI: "That every freeman, for any injury done him in his person or property, ought to have remedy, by the course of the law of the land, and ought to have justice and right freely without sale, fully without any denial, and speedily without delay, according to the law of the land....That no freeman ought to be taken, or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or by the law of the land." http://www.nhinet.org/ccs/docs/md-1776.htm
  7. New York Constitution of 1777, Section XIII: "And this convention doth further, in the name and by the authority of the good people of this State, ordain, determine, and declare, that no member of this State shall be disfranchised, or deprived of any the rights or privileges secured to the subjects of this State by this constitution, unless by the law of the land, or the judgment of his peers." http://avalon.law.yale.edu/18th_century/ny01.asp
  8. South Carolina Constitution of 1778, Section XLI: "That no freeman of this State be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, exiled or in any manner destroyed or deprived of his life, liberty, or property, but by the judgment of his peers or by the law of the land." http://avalon.law.yale.edu/18th_century/sc02.asp
  9. Massachusetts Constitution of 1780, Article XII: "And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land." http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss6.html
  10. New Hampshire Constitution of 1784, Section XV: "And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers or the law of the land." http://www.lonang.com/exlibris/organic/1784-nhr.htm
  11. Northwest Ordinance, 1787. http://www.lonang.com/exlibris/organic/1787-no.htm
  12. Van Zee, Amy. Dred Scott v. Sandford: Slavery and Freedom before the American Civil War, p. 37 (ABDO Publishing Company, 2012). https://books.google.com/books?id=AtgfrEaETX0C&pg=PA37
  13. WikiSource: Constitution of the United States of America (1787).
  14. Reniger v. Fogossa, 75 Eng. Rep. 1 (1550).
  15. Cromartie, Alan. The constitutionalist revolution: an essay on the history of England, 1450-1642, p. 44 (Cambridge University Press 2006). See also Keil. 191.
  16. Black, Henry. A Law Dictionary, page 704 (West Publishing 1910): "The law of God and the law of the land are all one; and both preserve and favor the common and public good of the land".
  17. House of Commons papers, Volume 28: "Whatsoever the law of the land declares to be God’s law must be held to be such in all courts of judicature...." See also Hill v. Good (Case 182), The English reports, Volume 89, page 122: "When an Act of Parliament declares a thing to be forbid by God’s law, it is To be so taken by us…."
  18. Gage, Matilda. Woman, Church and State: A Historical Account of the Status of Woman through the Christian Ages, page 356 (Chicago : C.H. Kerr, 1893).
  19. Coke, Edward. The Second Part of the Institutes of the Laws of England: Containing the Exposition of Many Ancient and Other Statutes, Cap. XXIX (Brooke, 1797). https://books.google.com/books?id=WCgzAAAAIAAJ&pg=PA45
  20. Hand, Learned. "Due Process of Law and the Eight-Hour Day", Harvard Law Review, Vol. 21, Issue 7 , p. 495 (1907-1908). https://archive.org/stream/jstor-1325325/1325325#page/n1/mode/2up
  21. Coke, Edward. The First Part of the Institutes of the Laws of England: Or, A Commentary Upon Littleton, Part 1, Sect. 170 (Brooke, 1789). https://babel.hathitrust.org/cgi/pt?id=mdp.35112204859286;view=1up;seq=293
  22. Boyer, Allen. Sir Edward Coke and the Elizabethan Age, p. 86, n. 6 (Stanford University Press, 2003). https://books.google.com/books?id=lkEv6eccC44C&pg=PA86
  23. Thompson, Brian and Gordon, Michael. Cases and Materials on Constitutional and Administrative Law, p. 42 (Oxford University Press 2014). https://books.google.com/books?id=3fs_BAAAQBAJ&pg=PA42
  24. Hurtado v. California, 110 U.S. 516 (1884). https://caselaw.findlaw.com/us-supreme-court/110/516.html
  25. Taylor, Hannis. Due Process of Law and the Equal Protection of the Laws: A Treatise Based, in the Main, on the Cases in which the Supreme Court of the United States Has Granted Or Denied Relief Upon the One Ground Or the Other, pp. 15-16 (Callaghan, 1917). https://books.google.com/books?id=2tMqAAAAYAAJ&pg=PA15
  26. Regina v. Paty, 92 Eng. Rep. 232, 234 (K. B. 1704). https://books.google.com/books?id=SA4wAAAAIAAJ&pg=PA1108
  27. Re, Richard. "The Due Process Exclusionary Rule," Harvard Law Review, Vol. 127, pp. 1885, 1908 (2014). http://cdn.harvardlawreview.org/wp-content/uploads/2014/05/vol127_re.pdf
  28. Jurow, Keith. "Untimely Thoughts: A Reconsideration of the Origins of Due Process of Law", 19 American Journal of Legal History 265 (1975): "Coke was trying to show that only the common law was the law of the land...."
  29. Riggs, Robert. "Substantive Due Process in 1791", Wisconsin Law Review, Vol. 1990, Issue 4 (1990), pp. 941-1006: "Jurow seems manifestly wrong...since Coke expressly defined [the law of the land] to include statute and custom as well...."
  30. Murray's Lessee v. Hoboken Land and Improvement Co., 59 U.S. 272 (1855). https://caselaw.findlaw.com/us-supreme-court/59/272.html
  31. Jones v. Robbins, 8 Gray 329, 74 Mass. 329 (1857). http://masscases.com/cases/sjc/74/74mass329.html
  32. Dripps, Donald. About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure, pp. 4-6 (Greenwood Publishing Group, 2003). https://books.google.com/books?id=1R6Od5hfsIcC&pg=PA4
  33. Lesser, Eli. "The Founders’ Library: Thinking as a Founding Father", National Constitution Center, p. 9 (2006). https://constitutioncenter.org/media/files/lesson_plan_fathers_library_plan.pdf
  34. Coke, Edward. The Fourth Part of the Institutes of the Laws of England: Concerning the Jurisdiction of Courts, p. 36 (Brooke, 1797). https://books.google.com/books?id=ulE0AAAAIAAJ&pg=PA36
  35. Burgess, Glenn. Absolute Monarchy and the Stuart Constitution, p.175 (Yale University Press, 1996). https://books.google.com/books?id=QSfg3cTCBpUC&pg=PA175
  36. Coke, Edward. The Second Part of the Institutes of the Laws of England: Containing the Exposition of Many Ancient and Other Statutes, p. 17 (Brooke, 1797). https://books.google.com/books?id=WCgzAAAAIAAJ&pg=PP17
  37. Goldberg, B. "Interpretation of Due Process of Law--A Study in Irrelevance of Legislative History", Pacific Law Journal, Vol. 12, pp. 621, 640 (1981). See also MacKay, R. "Coke--Parliamentary Sovereignty or the Supremacy of the Law", Michigan Law Review, Vol. 22, pp. 215, 233-234 (1924).
  38. Blackstone, William. Commentaries on the Laws of England, Volume 1, pages 137-138 (Univ. of Chicago Press 1979). http://press-pubs.uchicago.edu/founders/documents/amendV_due_processs8.html
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