All writers agree that this means the _common law_. Thus, Sir Matthew Hale says: "The common law is sometimes called, by way of eminence, _lex terræ_, as in the statute of _Magna Carta_, chap. 29, where certainly the common law is principally intended by those words, _aut per legem terræ_; as appears by the exposition thereof in several subsequent statutes; and particularly in the statute of 28 Edward III., chap. 3, which is but an exposition and explanation of that statute. Sometimes it is called _lex Angliæ_, as in the statute of Merton, cap. 9, "_Nolumus leges Angliæ mutari_," &c., (We will that the laws of England be not changed). Sometimes it is called _lex et consuetudo regni_ (the law and custom of the kingdom); as in all commissions of oyer and terminer; and in the statutes of 18 Edward I., cap.--, and _de quo warranto_, and divers others. But most commonly it is called the Common Law, or the Common Law of England; as in the statute _Articuli super Chartas_, cap. 15, in the statute 25 Edward III., cap. 5, (4,) and infinite more records and statutes."--1 _Hale's History of the Common Law_, 128. This common law, or "law of the land," _the king was sworn to maintain_. This fact is recognized by a statute made at Westminster, in 1346, by Edward III., which commences in this manner: "Edward, by the Grace of God, &c., &c., to the Sheriff of Stafford, Greeting: Because that by divers complaints made to us, we have perceived that _the law of the land, which we by oath are bound to maintain_," &c.--_St. 20 Edward III._ The foregoing authorities are cited to show to the unprofessional reader, what is well known to the profession, that _legem terræ, the law of the land_, mentioned in Magna Carta, was the common, ancient, fundamental law of the land, which the kings were bound by oath to observe; _and that it did not include any statutes or laws enacted by the king himself, the legislative power of the nation_.