"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 terræ_--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_, 676; 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_."[31] _Whether the word_ VEL _should be rendered by_ OR, _or by_ AND. Having thus given the meanings, or rather the applications, which the words _vel per legem terræ_ will reasonably, and perhaps must necessarily, bear, it is proper to suggest, that it has been supposed by some that the word _vel_, instead of being rendered by _or_, as it usually is, ought to be rendered by _and_, inasmuch as the word _vel_ is often used for _et_, and the whole phrase _nisi per judicium parium suorum, vel per legem terræ_, (which would then read, unless by the sentence of his peers, _and_ the law of the land,) would convey a more intelligible and harmonious meaning than it otherwise does.