No Freeman shall be taken or imprisoned, or be
disseised of his
man shall be taken, imprisoned,
disseised, outlawed, banished, or in any
(1) 'No Free man shall be arrested, or imprisoned, or
disseised (property taken), or outlawed, or exiled, or in any way destroyed, nor will we go against him, nor will we send against him, save by the lawful judgement of his peers or by the law of the land.' Chapter 39, Magna Carta
"[n]o free man shall be taken or imprisoned or
disseised or
No free man shall be arrested or [sic] imprisoned or [sic]
disseised or [sic] outlawed or [sic] exiled or [sic] in any way ruined [sic], nor will we take or order action against him, except by the lawful judgment of his equals and according to the law of the land.
No freemen shall be taken or imprisoned or
disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.
Article 39 of the Magna Carta provided: 'No freemen shall be taken or imprisoned or
disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.'
No Freeman shall be taken, or imprisoned, or be
disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we not pass upon him, nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land.
No free man shall be taken, or imprisoned, or be
disseised of his freehold, or liberties, or free customs or be outlawed, or exiled or any otherwise destroyed; nor will we not pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land.
The 39th clause of the Magna Carta explicitly prevented the Crown from taking land: "No freemen shall be taken or imprisoned or
disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land." (26) Similarly, the 31st clause of the Magna Carta prevented the taking of lumber: "Neither we nor our bailiffs shall take, for our castles or for any other work of ours, wood which is not ours, against the will of the owner of that wood." (27) As a starting point, it is clear that the government cannot take land through prerogative.
(51) Magna Carta, supra note 49, [paragraph] 29 ("No freeman is to be taken or imprisoned or
disseised of his free tenement or of his liberties or free customs, or outlawed or exiled or in any way ruined, nor will we go against such a man or send against him save by lawful judgment of his peers or by the law of the land.
