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1
Copyright © 2019 Pearson Education, Inc.
Database Processing, 15e(Kroenke)
Chapter 7: SQL for Database Construction and Application Processing
1) The CREATE TABLE statement is used to name a new table and describe the table's columns.
Answer: TRUE
AACSB: Information Technology
Difficulty: Easy
LO: To create and manage table structures using SQL statements
Classification: Concept
2) The CONSTRAINT keyword is used to define one of several types of constraints.
Answer: TRUE
Difficulty: Easy
LO: To create and execute SQL constraints
3) The PRIMARY KEY keyword is used to designate the column(s) that are the primary key for
the table.
Answer: TRUE
Difficulty: Easy
4) The CONSTRAINT keyword is used to limit column values to specific values.
Answer: TRUE
Difficulty: Moderate
5) The CONSTRAINT keyword can be used in conjunction with the SQL keywords PRIMARY
KEY and FOREIGN KEY.
Answer: TRUE
Difficulty: Easy

2
6) One advantage of using the CONSTRAINT command to define a primary key is that the
database designer controls the name of the constraint.
Answer: TRUE
Difficulty: Difficult
7) The UNIQUE keyword is used to define alternate keys.
Answer: TRUE
8) If the table PRODUCT has a column PRICE, and PRICE has the data type Numeric (8,2), the
value 98765 stored in that field will be displayed by the DBMS as 98765.00.
Answer: FALSE
AACSB: Information Technology; Application of Knowledge
Classification: Application
9) If the table ITEM has a column WEIGHT, and WEIGHT has the data type Numeric (4,2), the
value 4321 will be displayed as 43.21.
Answer: TRUE
10) The CHECK keyword is used to limit column values to specific values.
Answer: TRUE
11) The MODIFY keyword is used to change the structure, properties or constraints of a table.
Answer: FALSE
Difficulty: Easy

3
12) Data values to be added to a table are specified by using the VALUES clause.
Answer: TRUE
13) The DELETE keyword is used to delete a table's structure.
Answer: FALSE
Difficulty: Easy
14) When the correct SQL command is used to delete a table's structure, the command can only
be used with a table that has already had its data removed.
Answer: FALSE
15) One or more rows can be added to a table by using the INSERT statement.
Answer: TRUE
16) Unless it is being used to copy data from one table to another, the INSERT statement can be
used to insert only a single row into a table.
Answer: TRUE
17) Rows in a table can be changed by using the UPDATE statement.
Answer: TRUE

4
18) The SET keyword is used to specify a new value when changing a column value.
Answer: TRUE
19) The MODIFY keyword is used to change a column value.
Answer: FALSE
20) Rows can be removed from a table by using the DELETE statement.
Answer: TRUE
21) An SQL virtual table is called a view.
Answer: TRUE
Difficulty: Easy
LO: To understand several uses for SQL views
22) The SQL command CREATE USER VIEW is used to create a virtual table.
Answer: FALSE
LO: To use SQL statements to create, use, and manage views
23) SQL views are constructed from SELECT statements.
Answer: TRUE

5
24) According to the SQL-92 standard, statements used to construct views cannot contain the
WHERE clause.
Answer: FALSE
25) The SELECT command is used to retrieve view instances.
Answer: TRUE
Difficulty: Easy
26) The values in an SQL view are not always changeable through the view itself.
Answer: TRUE
27) SQL views can be used to hide columns.
Answer: TRUE
Difficulty: Easy
28) SQL views can be used to provide a level of insulation between data processed by
applications and the data stored in the database tables.
Answer: TRUE
29) If the values in an SQL view are changeable through the view itself, the UPDATE command
is used to change the values.
Answer: TRUE

6
30) The values in an SQL view are always changeable through the view itself.
Answer: FALSE
31) SQL views are updatable when the view is based on a single table with no computed
columns, and all non-null columns are present in the view.
Answer: TRUE
32) Because SQL statements are table-oriented, whereas programs are variable-oriented, the
results of SQL statements used in programs are treated as pseudofiles.
Answer: TRUE
LO: To understand how SQL is used in application programming
33) A set of SQL statements stored in an application written in a standard programming language
is called embedded SQL.
Answer: TRUE
Difficulty: Easy
34) Because SQL statements are table-oriented, whereas programs are variable-oriented, the
results of SQL statements used in programs are accessed using an SQL cursor.
Answer: TRUE
35) A stored program that is attached to a table or view is called a stored procedure.
Answer: FALSE
LO: To understand how to create and use stored procedures

7
36) SQL triggers use the ANSI SQL keywords BEFORE, INSTEAD OF, and AFTER.
Answer: TRUE
LO: To understand how to create and use triggers
37) SQL triggers can be used with SQL operations INSERT, UPDATE, and DELETE.
Answer: TRUE
38) SQL triggers can be used when the DBMS receives an INSERT request.
Answer: TRUE
Difficulty: Easy
39) SQL triggers are used for providing default values, validity checking, updating views, and
performing referential integrity actions.
Answer: TRUE
40) The Oracle DBMS supports the SQL BEFORE trigger.
Answer: TRUE
41) The SQL Server DBMS supports the SQL BEFORE trigger.
Answer: FALSE

8
42) SQL triggers can be used when the DBMS receives an update request.
Answer: TRUE
Difficulty: Easy
43) To set a column value to an initial value that is selected according to some complicated
business logic, you would use the DEFAULT constraint with the CREATE TABLE command.
Answer: FALSE
44) SQL triggers are created using the ADD TRIGGER statement.
Answer: FALSE
45) If the values in an SQL view are not changeable through the view itself, you may still be
able to update the view by using unique application logic. In this case, the specific logic is placed
in an INSTEAD OF trigger.
Answer: TRUE
46) If a trigger is being written to enforce referential integrity actions, you cannot use an
INSTEAD OF trigger.
Answer: FALSE
47) When a trigger is fired, the DBMS makes the appropriate data available to the trigger code.
Answer: TRUE
48) A stored program that is stored within the database and compiled when used is called a

9
trigger.
Answer: FALSE
LO: To understand SQL/Persistent Stored Modules (SQL/PSM)
49) Stored procedures have the advantage of greater security, decreased network traffic, SQL
optimized by the DBMS compiler, and code sharing.
Answer: TRUE
50) Unlike application code, stored procedures are never distributed to the client computers.
Answer: TRUE
51) Because SQL stored procedures allow and encourage code sharing among developers, stored
procedures give database application developers the advantages of less work, standardized
processing, and specialization among developers.
Answer: TRUE
52) Which SQL keyword is used to name a new table and describe the table's columns?
A) SET
B) CREATE
C) SELECT
D) ALTER
Answer: B
Difficulty: Easy

10
53) If the table PRODUCT has a column PRICE that has the data type Numeric (8,2), the value
12345 will be displayed by the DBMS as ________.
A) 123.45
B) 12345
C) 12345.00
D) 123450.00
Answer: A
54) Which SQL keyword is used to impose restrictions on a table, data or relationship?
A) SET
B) CREATE
C) SELECT
D) CONSTRAINT
Answer: D
Difficulty: Easy
55) One advantage of using the CONSTRAINT phrase to define a primary key is that the
database designer controls the ________.
A) name of the table
B) name of the foreign key field
C) name of the constraint
D) name of the primary key field
Answer: C

11
56) Which of the following illustrates the authors' preferred style of defining a primary key?
A) CREATE TABLE CUSTOMER (
CustomerID Integer Primary Key
LastName Char(35) Not Null
First Name Char(25) Null
);
B) CREATE TABLE CUSTOMER (
CustomerID Integer Not Null
CONSTRAINT CustomerPK PRIMARY KEY (CustomerID)
);
C) CREATE TABLE CUSTOMER (
CustomerID Integer Not Null
);
ALTER TABLE CUSTOMER
ADD CONSTRAINT CustomerPK PRIMARY KEY (CustomerID);
D) Both B and C are correct
Answer: B
57) Given the SQL statement:
CREATE TABLE SALESREP (
SalesRepNo int NOT NULL,
RepName char(35) NOT NULL,
HireDate date NOT NULL,
CONSTRAINT SalesRepPK PRIMARY KEY (SalesRepNo),
CONSTRAINT SalesRepAK1 UNIQUE (RepName)
);
We know that ________.
A) RepName is the primary key
B) RepName is a foreign key
C) RepName is a candidate key
D) RepName is a surrogate key
Answer: C

12
58) The SQL keyword used to limit column values to specific values is ________.
A) CONSTRAINT
B) CHECK
C) NOT NULL
D) UNIQUE
Answer: B
59) Which SQL keyword is used to change the structure, properties or constraints of a table?
A) SET
B) CREATE
C) SELECT
D) ALTER
Answer: D
Difficulty: Easy
60) Which SQL keyword is used to delete a table's structure?
A) DELETE
B) DROP
C) DISPOSE
D) ALTER
Answer: B
Difficulty: Easy
61) When the correct SQL command is used to delete a table's structure, what happens to the
data in the table?
A) If the deleted table was a parent table, the data is added to the appropriate rows of the child
table.
B) If the deleted table was a child table, the data is added to the appropriate rows of the parent
table.
C) The data in the table is also deleted.
D) Nothing because there was no data in the table since only an empty table can be deleted.
Answer: C

13
62) Which SQL keyword is used to add one or more rows of data to a table?
A) DELETE
B) INSERT
C) SELECT
D) UPDATE
Answer: B
Difficulty: Easy
63) Which SQL keyword is used to change one or more rows in a table?
A) MODIFY
B) INSERT
C) SELECT
D) UPDATE
Answer: D
64) Which SQL keyword is used to change the values of an entire column?
A) CHANGE
B) INSERT
C) SELECT
D) SET
Answer: D
65) Which keyword is used to remove one or more rows from a table?
A) DELETE
B) INSERT
C) ERASE
D) SET
Answer: A

14
66) Based on the tables below, which of the following SQL statements would increase the
balance of the Gonzales account by $100 to a total of $450?
GENERAL SALES DATABASE:
SALESREP
SalesRepNo RepName HireDate
654 Jones 01/02/2005
734 Smith 02/03/2007
345 Chen 01/25/2018
434 Johnson 11/23/2004
CUSTOMER
CustNo CustName Balance SalesRepNo
9870 Winston 500 345
8590 Gonzales 350 434
7840 Harris 800 654
4870 Miles 100 345
A) SELECT Gonzales
FROM CUSTOMER
INSERT VALUES PLUS (100) INTO Balance;
B) SELECT Gonzales
FROM CUSTOMER
INSERT VALUES (450) INTO Balance;
C) INSERT INTO CUSTOMER VALUES (450)
SELECT Balance
WHERE CustName = 'Gonzales';
D) UPDATE CUSTOMER
SET Balance = 450
WHERE CustName = 'Gonzales';
Answer: D

15
67) An SQL virtual table is called ________.
A) a CHECK constraint
B) a view
C) embedded SQL
D) a trigger
Answer: B
Difficulty: Easy
68) The SQL command used to create a virtual table is ________.
A) CREATE VTABLE
B) CREATE VIEW
C) VTABLE
D) VIEW
Answer: B
69) SQL views are constructed from ________.
A) CREATE statements
B) INSERT statements
C) UPDATE statements
D) SELECT statements
Answer: D
70) According to the SQL-92 standard, statements used to construct views cannot contain
________.
A) the SELECT clause
B) the FROM clause
C) the WHERE clause
D) the ORDER BY clause
Answer: D

16
71) Which SQL statement is used to retrieve view instances?
A) CREATE
B) DELETE
C) INSERT
D) SELECT
Answer: D
Difficulty: Easy
72) SQL views are not used ________.
A) to hide columns
B) to show results of computed columns
C) to hide complicated SQL statements
D) to enforce primary key constraints
Answer: D
73) If the values in an SQL view are changeable through the view itself, which SQL statement is
used to change the values?
A) CREATE
B) DELETE
C) INSERT
D) UPDATE
Answer: D
74) SQL views are always updatable when ________.
A) the view is based on a single table with no computed columns, and all non-null columns are
present in the view
B) the view is based on any number of tables, with or without computed columns, and the
INSTEAD OF trigger is defined for the view
C) the view is based on multiple tables, the update is being done on the most subordinate table,
and the rows of that table can be uniquely identified
D) Both A and B are correct
Answer: D

17
75) A set of SQL statements stored in an application written in a standard programming language
is called ________.
A) a stored procedure
B) a view
C) embedded SQL
D) a trigger
Answer: C
Difficulty: Easy
76) Because SQL statements are set-oriented, whereas programs are element-oriented, the results
of SQL statements used in programs are treated as ________.
A) tables
B) rows
C) files
D) pseudofiles
Answer: D
77) Because SQL statements are table-oriented, whereas programs are element-oriented, the
results of SQL statements used in programs are accessed using ________.
A) standard programming tools
B) custom written programming tools
C) an SQL cursor
D) an SQL trigger
Answer: C
78) A stored program that is attached to a table or view is called ________.
A) a CHECK constraint
B) a view
C) embedded SQL
D) a trigger
Answer: D
Difficulty: Easy

18
79) Which of the following is not an ANSI SQL trigger?
A) BEFORE UPDATE
B) INSTEAD OF UPDATE
C) AFTER INSERT
D) INSTEAD OF CONSTRAINT
Answer: D
80) Which of the following is not an SQL trigger Oracle supports?
A) BEFORE
B) INSTEAD OF
C) AFTER
D) DURING
Answer: D
81) Which of the following is an SQL trigger Microsoft SQL Server supports?
A) BEFORE
B) INSTEAD OF
C) AFTER
D) Both B and C are correct
Answer: D
82) SQL triggers can be used when the DBMS receives a(n) ________ request.
A) INSERT
B) SELECT
C) ALTER
D) CREATE
Answer: A
Difficulty: Easy

19
83) SQL triggers are not used for ________.
A) validity checking
B) providing default values
C) updating views
D) creating tables
Answer: D
Difficulty: Easy
84) When a trigger is fired, the DBMS makes the appropriate data available to ________.
A) the SQL interpreter
B) the application code
C) the embedded SQL code
D) the trigger code
Answer: D
Difficulty: Easy
85) SQL triggers are created using ________.
A) the SQL CREATE TRIGGER statement
B) the SQL ADD TRIGGER statement
C) the SQL TRIGGER statement
D) the SQL ADD CONSTRAINT TRIGGER statement
Answer: A
86) To set a column value to an initial value that is selected according to some business logic,
you would use ________.
A) the SQL DEFAULT constraint with the CREATE TABLE command
B) an SQL view
C) embedded SQL
D) an SQL trigger
Answer: D

20
87) If the values in an SQL view are not changeable through the view itself, you may still be
able to update the view by using unique application logic. In this case, the specific logic is placed
in ________.
A) a BEFORE trigger
B) an INSTEAD OF trigger
C) an AFTER trigger
D) Depending on the specific logic, either A or B can be used.
Answer: B
AACSB: Information Technology; Analytical Thinking
88) A stored program that is attached to the database is called ________.
A) a view
B) embedded SQL
C) a trigger
D) a stored procedure
Answer: D
Difficulty: Easy
89) Stored procedures have all these advantages except ________.
A) greater security
B) faster development
C) SQL optimized by the DBMS compiler
D) code sharing
Answer: B
90) Because SQL stored procedures allow and encourage code sharing among developers, stored
procedures give database application developers all these advantages except ________.
A) less work
B) standardized processing
C) specialization among developers
D) faster query response times
Answer: D

21
91) Referential integrity constraints are implemented in SQL using the ________ syntax.
A) PRIMARY KEY
B) FOREIGN KEY
C) DEFAULT
D) UNIQUE
Answer: B
LO: To understand how referential integrity actions are implemented in SQL statements
92) If you have a foreign key in a CUSTOMER table that references the primary key in a
SALESREP table, the ON DELETE CASCADE syntax means that ________.
A) when a CUSTOMER is deleted, that CUSTOMER's SALESREP is also deleted
B) when a CUSTOMER is deleted, all SALESREPS are also deleted
C) when a SALESREP is deleted, all CUSTOMERs of that SALESREP are also deleted
D) when the SALESREP table is dropped, all CUSTOMERs must be deleted
Answer: C
93) Which of the following does not describe a user-defined function?
A) It computes a numeric value
B) It can be called by name from within an SQL statement
C) It may have input parameters passed to it
D) It returns an output value to the calling statement
Answer: A
LO: To understand how to create and use functions

22
94) Based on the table below, a function to compute a 10% late penalty on a customer's balance
would have how many input parameters?
CUSTOMER
9870 Winston 500 345
8590 Gonzales 350 434
7840 Harris 800 654
4870 Miles 100 345
A) 0
B) 1
C) 2
D) it doesn't matter
Answer: B
LO: To understand how to create and use functions
95) Explain the essential format of the CREATE TABLE statement. Include an example.
Answer: The essential format for the CREATE TABLE statement is:
CREATE TABLE tablename (
column-description,
column-description,
column-description,
. . .
optional table constraints
);
"Tablename" is the name that will be given to the newly created table. "Column-description" is a
three-part description of each column to appear in the table. This description includes the name
of the column, the column's data type, and an optional column constraint (either Primary Key,
Null, or Not Null), in that order. The CONSTRAINT phrase can be used to set optional primary
key, foreign key and referential integrity constraints for the table. All SQL statements must end
with a semi-colon (;). Here is an example:
CREATE TABLE VEHICLE (
VIN CHAR(32),
Year INTEGER,
Make CHAR(25) NOT NULL,
CONSTRAINT VEHICLE_PK PRIMARY KEY (VIN)
);

23
96) Explain how relationships are created using SQL. Include an example.
Answer: In SQL, relationships are created using a FOREIGN KEY constraint. This has the
format:
CONSTRAINT ConstraintNameFK FOREIGN KEY({ForeignKeyColumnInCurrentTable}
REFERENCES {ReferencedTableName}(PrimaryKeyColumnInReferencedTable})
The constraint thus names the foreign key column in the current table and its corresponding
primary key in a referenced table. As an example, consider an advising relationship from
STUDENT to FACULTY. The following constraint might appear in the SQL statement creating
the STUDENT table:
CONSTRAINT AdvisorFK FOREIGN KEY (AdvisorID) REFERENCES
FACULTY (FacultyID)
97) Discuss SQL data types.
Answer: Common examples of standard SQL data types are Char, VarChar, Integer, and
Numeric. The Char data type is for fixed-length character data. VarChar is for variable-length
character data. Integer is for numeric data that are whole numbers only. Numeric is for numeric
data that may include decimals. Char, VarChar, and Numeric must be qualified by a length
specification to indicate the amount of storage space to be allocated for each data item. For
example, Char(10) indicates fixed-length character data that is always stored as 10 characters.
Difficulty: Easy
98) Discuss what is meant by a data type of "Numeric (10,3)." Include at least one example.
Answer: Numeric indicates a non-integer, decimal number in SQL Server. Oracle Database uses
Number, and MySQL uses Decimal or Fixed. The (10,3) is in (n,d) format, where n is the total
number of digits allowed, and d is the number of digits to the right of the decimal place. Thus,
"10, 3" allows a maximum of ten digits, and the last three are to the right of the decimal place.
For example, "1234567" would be read as "1234.567."

24
99) Distinguish between Char and VarChar data types. Include examples and tradeoffs.
Answer: Char data type is fixed-length, so that no matter the actual length of the data entered it
will always take the same storage space. For example, Char(10) indicates that 10 characters will
always be stored for each value of that column. If the actual data entered is less than the
specified fixed- length, the data will be padded with blanks. VarChar data type is variable length
so that only the amount of space needed to store the data is used. Although VarChar may be
more efficient in its use of space, it is not always preferred. VarChar requires the storage of some
extra data to indicate the length of the data values, plus it requires some extra processing by the
DBMS to arrange the variable length data. As another example, VarChar(10) indicates that the
maximum length of a string to be stored in that field will be 10 characters. If the actual data are
shorter, then fewer than 10 characters will be stored.
AACSB: Information Technology; Analytical Thinking
Classification: Synthesis

25
100) The following database will be used in this question:
SALESREP
654 Jones 01/02/2005
734 Smith 02/03/2007
345 Chen 01/25/2018
434 Johnson 11/23/2004
CUSTOMER
9870 Winston 500 345
8590 Gonzales 350 434
7840 Harris 800 654
4870 Miles 100 345
Explain the use of the SQL statement CREATE TABLE. Do NOT discuss the ALTER statement
in your answer, but DO include an example based on the SALESREP table in the General Sales
database.
Answer: The SQL statement CREATE TABLE forms the basis for all SQL table construction.
CREATE TABLE is used to name tables and specify their structure, including column names
and their associated data types. In addition, CREATE TABLE can be used to define primary
keys, foreign keys, and to specify constraints on tables, columns and column values. There are
five SQL keywords that specify these constraints: PRIMARY KEY, FOREIGN KEY,
NULL/NOT NULL, UNIQUE, and CHECK. PRIMARY KEY and FOREIGN KEY are used to
specify keys. NULL and NOT NULL specify whether nulls are allowed as values in a column.
UNIQUE specifies whether the column values must be unique. The SQL keyword
CONSTRAINT may be used to specify some of the table constraints. For example, to create the
SALESREP table for the General Sales database, the following SQL statement may be used:
CREATE TABLE SALESREP (
SalesRepNo Integer Not Null,
RepName Char(25) Not Null,
HireDate Date Not Null,
CONSTRAINT SalesRepPK PRIMARY KEY (SalesRepNo)
);
Note to the instructor: The data type of HireDate is shown as Date, which is the ORACLE data
type shown in the text. Students may also use Datetime, which is the SQL Server data type,
which is also shown in the text.

26
101) The following database will be used in this question:
SALESREP
654 Jones 01/02/2005
734 Smith 02/03/2007
345 Chen 01/25/2018
434 Johnson 11/23/2004
CUSTOMER
9870 Winston 500 345
8590 Gonzales 350 434
7840 Harris 800 654
4870 Miles 100 345
What is an SQL view, and what is it used for? Include an example based on the CUSTOMER
table of the General Sales Database.
Answer: An SQL view is a virtual table constructed from database tables or other views. It is
based on the SQL CREATE VIEW command and uses the SQL SELECT statement to construct
the view. However, the ORDER BY clause cannot be used when creating a view. For example:
CREATE VIEW CustomerNameOnly AS
SELECT CustName
FROM CUSTOMER;
A view may be used to (1) hide columns or rows, (2) show the results of computed columns, (3)
hide complicated SQL statements such as joins, (4) layer built-in functions, (5) provide a level of
indirection between the data processed by applications and the actual table data, (6) assign
different processing permissions to different views of the same table, and (7) assign different
triggers to different views of the same table.
LO: To understand several uses for SQL views; To use SQL statements to create, use, and
manage views

27
102) What is embedded SQL, and what considerations are necessary when using it in an
application?
Answer: Embedded SQL are SQL statements used, or embedded, in program code, triggers or
stored procedures. Applications are typically written in program code, using a programming
language. There are two problems that arise. First, the results of SQL statements must be
assigned to programming language variables. DBMS products typically provide the means of
doing this. Second, SQL is table or set-oriented and SQL results use tables or sets of rows,
whereas application programming languages are variable or row-oriented. This is resolved by
treating SQL results as pseudofiles. A cursor is then used to move through the pseudofile one.
103) What are SQL triggers and how are they used?
Answer: An SQL trigger is a stored program that is attached to a table or view. The trigger is
invoked by the DBMS whenever an insert, update or delete request is made on the table or view
with the trigger. There are three commonly used triggers: BEFORE, INSTEAD OF, and AFTER
(Microsoft SQL Server does not support BEFORE). This creates a set of nine possible trigger
types: BEFORE + [INSERT or UPDATE or DELETE], INSTEAD OF + [INSERT or UPDATE
or DELETE], and AFTER + [INSERT or UPDATE or DELETE]. Triggers are used (among
other things) for (1) providing default values, (2) validity checking, (3) updating views, and (4)
enforcing referential integrity actions.
104) What are SQL stored procedures and how are they used?
Answer: An SQL stored procedure is a stored program that is attached to a database instead of
just a table or view. Stored procedures can receive input parameters and return results. They can
be executed by any process that has permission with the database to use stored procedures. They
can issue INSERT, UPDATE and DELETE commands. They are typically used by (1) database
administrators to do common administrative tasks, and (2) database applications.
Difficulty: Easy

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Title: Magna Carta, and Other Addresses
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MAGNA CARTA AND OTHER ADDRESSES
COLUMBIA UNIVERSITY PRESS
SALES AGENTS
NEW YORK
LEMCKE & BUECHNER
30-32 West 27th Street
LONDON
HUMPHREY MILFORD
Amen Corner, E.C.
MAGNA CARTA
AND OTHER ADDRESSES

BY
William D. Guthrie
New York
COLUMBIA UNIVERSITY PRESS
1916
All rights reserved
Copyright, 1916,
By COLUMBIA UNIVERSITY PRESS.
Set up and electrotyped. Published August, 1916.

CONTENTS
PAGE
I. MAGNA CARTA 1
Address before the Constitutional
Convention of the State of New York at its
celebration of the seven-hundredth
anniversary of Magna Carta, Albany, June
15, 1915.
II. THE MAYFLOWER COMPACT 27
Response to the toast, "The Mayflower
Compact," at the twenty-first annual
banquet of the Society of Mayflower
Descendants in the State of New York, held
at the Hotel St. Regis, New York, November
23, 1915.
III. CONSTITUTIONAL MORALITY 42
Address before the Pennsylvania State Bar
Association at its eighteenth annual
meeting, held at Cape May, New Jersey,
June 25, 1912.
IV. THE ELEVENTH AMENDMENT 87
Address before the New York State Bar
Association at its thirty-first annual
meeting, held in New York, January 25,
1908.
V. CRITICISM OF THE COURTS 130
Read as a supplement to the report of a
committee of the New York State Bar
Association submitted at the thirty-sixth

annual meeting of the Association, held at
Utica, January 24, 1913.
VI. GRADUATED OR PROGRESSIVE TAXATION 159
Address before the National Civic
Federation at its annual meeting, held in
New York, December 13, 1906.
VII. THE DUTY OF CITIZENSHIP 178
Address as temporary chairman of the New
York Republican State Convention,
Saratoga Springs, September 25, 1912.
VIII. NOMINATING CONVENTIONS 219
Remarks before the Committee on Suffrage
of the Constitutional Convention of the
State of New York, Albany, June 16, 1915.
IX. CATHOLIC PAROCHIAL SCHOOLS 247
Remarks at the dedication of the Roman
Catholic parochial school at Glen Cove,
Long Island, New York, September 6, 1915.
X.
THE FRANCE-AMERICA COMMITTEE OF
NEW YORK
261
Remarks as presiding officer at a luncheon
given in honor of the members of the
Anglo-French Credit and Finance
Commission at the Hotel Knickerbocker,
New York, October 1, 1915.
INDEX 271

MAGNA CARTA[1]
TO the student of American institutions it must appear singularly
impressive and instructive that the members of the Constitutional
Convention of the state of New York have paused in their important
work to celebrate the seven-hundredth anniversary of the Great
Charter of English Liberties and to look back reverently through the
centuries to the sources of our constitutional law and to the days
when our ancestors were laying the foundations of civil liberty and
political justice. It is, indeed, no exaggeration to assert that Magna
Carta marked the greatest political epoch in the history of our race,
in that it saved England from becoming one of the arbitrary and
degrading despotisms which arose in Europe after the overthrow of
the feudal system, and that from its principles sprang representative
and constitutional government, with all that these terms have grown
to mean to Americans. This ceremony must again emphasize the
great truth that everything which has power to win the obedience
and respect of men must have its roots deep in the past, and that
the more slowly institutions have grown, so much the more enduring
are they likely to prove.
Two hundred and eighteen years ago the royal governor of New York
is reported to have exclaimed to the legislature of the colony: "There
are none of you but are big with the privileges of Magna Carta." And
to-day, Mr. President, can it not be said with equal force and pride
that there are no Americans but are big with the privileges of Magna
Carta? Long may that continue to be true! To provide that the spirit
of these privileges shall endure forever, so far as lies in human
power, is the highest and noblest duty of every American
constitutional convention.
Other speakers will treat of the historical and political aspects of
Magna Carta and of its reissues and confirmations by king after king

and parliament after parliament. I am to speak of the legal value of
some of the cardinal features of the Great Charter as antecedents of
principles which are closely connected with our present political life
and which continue to invigorate our system of constitutional law.
But my treatment of this large and important aspect of the subject
must necessarily be inadequate, in view of the limited time at your
disposal.
It is undoubtedly true that Magna Carta contained much that was
old in 1215 and much that subsequently became antiquated because
inapplicable to changed conditions; yet it then crystallized and
served to perpetuate the fundamental principles of the liberties of
Englishmen. Solemnly confirmed no less than thirty-seven times by
seven kings of England, it naturally became in the eyes of
Englishmen the embodiment of their deepest and most firmly rooted
rights and liberties and their great and stirring battle-cry against
tyranny. The reissue of 1225 still remains on the English statute
books as in full force and effect, so that, as an English historian has
recently said, every act appearing on the statute rolls is in a sense
an act amending Magna Carta.
The spirit of Magna Carta, as it thus survived, has for centuries
inspired Englishmen and Americans, even though its letter may be
dead and most of its provisions may long ago have become obsolete
and their exact meaning hidden beneath the ruins of the past.
Indeed, provisions of the Great Charter were frequently violated by
king and parliament after 1215, and were allowed to fall into neglect
for generations at a time; but it cannot be doubted that, if the
principles they embodied had been observed, they would have
secured permanent political liberty and constitutional government to
England long before the seventeenth century, and that only
disregard of those principles made possible the five centuries of
tyranny and oppression recorded by English history.
It may likewise be true, as some historians of the scientific school
are now contending, that the framers of the Great Charter and the
representatives of the English church, baronage and people gathered

on the meadows at Runnymede on the 15th day of June, 1215, had
little or no grasp of the science of politics or of constitutional
principles as we understand them. It is probably true that they had
no very definite conception of the theory of representative
government, or of the separation of governmental powers, or of
those inalienable rights of the individual which our Declaration of
Independence was later to proclaim, just as it is probably true that
very few of them could even read the language in which the charter
was written. But statesmen and lawyers, in dealing with the practical
problems of constitutional government, will not minimize the value
of Magna Carta, and our debt to the generation that forced it from
King John, merely because the underlying principles may not have
been fully grasped by its framers and its traditions may be based on
legends and myths. It is enough that the charter contained the germ
and the spirit of civil liberty and political justice.
It may be conceded that the framers of Magna Carta builded better
than they knew, and likewise that many of the traditions as to the
intent, meaning and scope of its provisions—traditions which were
so potent and inspiring during the seventeenth and eighteenth
centuries—were founded, as is now asserted, upon legends and
myths. Yet, these legends and traditions, growing up and clustering
around Magna Carta, served to keep alive and perpetuate its spirit.
They generated the sentiment which impelled men to patriotic and
heroic sacrifice in the cause of liberty; they sustained generation
after generation in the recurring struggles for political justice and
equality before the law; they formed and preserved a public morality
which prevented violations of the principles of the Great Charter, and
they were of incalculable inspiration and encouragement to
Englishmen and Americans, if not to the whole world. The great
traditions of Magna Carta have made its heritage peculiarly valuable
and its service to humanity immortal. It is because of these
traditions that Magna Carta is doubly sacred to us, as it was to our
forefathers.
Many of us, however, venture to believe that the unknown author of
the original Articles of the Barons or of the Great Charter itself—if it

was not the learned Stephen Langton, who had been educated at
the University of Paris and was familiar with Roman and canonical
law and the charters of liberties which the kings of France had been
granting to their subjects—knew far more of the underlying and
vivifying principles of jurisprudence and politics than some of our
modern critics are willing to attribute to that generation. Be this as it
may, the political instinct of our race must have guided the framers
to the eternal truths upon which the Great Charter of Liberties was
based, even though they imperfectly comprehended these truths, or
did not comprehend them at all. A single phrase like "the law of the
land" in a political document is often wiser than is realized, not
merely by the masses who acclaim it, but even by the leaders who
write it. It may happily serve to preserve and compress into very
small compass the relics of ancient wisdom, notwithstanding the fact
that later generations are frequently puzzled to decipher the
contents and discover the meaning. Such a phrase, as has been well
said of the language of a nation, "sometimes locks up truths which
were once well known, but which in the course of ages have passed
out of sight and been forgotten. In other cases it holds the germs of
truths, of which, though they were never plainly discerned, the
genius of its framers caught a glimpse in a happy moment of
divination, ... and often it would seem as though rays of truths,
which were still below the intellectual horizon, had dawned upon the
imagination as it was looking up to heaven."[2]
First and foremost among the cardinal principles of Magna Carta was
the idea, then beginning again to germinate throughout Europe, that
the individual has natural rights as against the government, and that
those rights ought to be secured to him by fundamental laws which
should be unalterable by king or council. No one can study the
history of European politics during the great constructive thirteenth
century without being impressed by the fact of the revival of this
conception in men's minds, not only in England, but on the
Continent, where it manifested itself in varying forms and in different
connections. I say revival, because the same conviction had

prevailed hundreds of years before in both Greece and Rome; but it
had been lost for centuries.
The idea that the fundamental laws of the land—the pious and good
old laws of Alfred and of Edward, as the English called them, or les
lois fondamentales, as the French were then calling them—were
unalterable and that any governmental regulation, or edict, or
statute to the contrary should be treated as void and null, is plainly
enunciated in the first chapter of Magna Carta, where King John
grants to the freemen of the kingdom "all the underwritten liberties,
to be had and held by them and their heirs, of us and our heirs
forever," and in chapter sixty-one, where the king covenants that he
"shall procure nothing from any one, directly or indirectly, whereby
any part of these concessions and liberties might be revoked or
diminished; and if any such thing has been procured, let it be void
and null." It is certain that during the thirteenth and fourteenth
centuries the theory generally prevailed in England that the
concessions and liberties of the Great Charter had been granted
forever and were unalterable by the king, or even by parliament.
Thus, we find parliament enacting in 1369, with the consent of
Edward III., that the Great Charter of Liberties should be "holden
and kept in all points, and if any statute be made to the contrary,
that shall be holden for none."
One of the scholarly critics of Magna Carta suggests that this
enactment of 1369 was quite an "illogical theory" on the part of
parliament, because, to quote his language, "if parliament had
power to alter the sacred terms of Magna Carta, it had power to
alter the less sacred statute of 1369 which declared it unalterable."
[3] The conclusive answer to this kind of reasoning, at least as it
must seem to statesmen and lawyers, is that Magna Carta was then
regarded as something very different from and much higher than
any ordinary statute. The people of that day would have protested, if
the logic of parliament had then been challenged by the learned,
that Magna Carta was a permanent charter of liberties and as such
not subject to amendment or nullification by mere statute. But

logical or illogical as the act of 42 Edward III. may have been at the
time, or may seem to be to the logicians of the twentieth century, it
serves to show that in the fourteenth century the English people
understood and intended, and the king and parliament expressly
agreed and conceded, that the liberties guaranteed by the Great
Charter, then being again and again confirmed, were unalterable,
and that any statute to the contrary should be "holden for none."
The spirit of that declaration still lives in every American constitution.
We certainly have here the antecedent of the great controlling
principle underlying the whole structure of American constitutional
law, that any statute in conflict with the fundamental laws, so far as
we see fit to perpetuate them in constitutional provisions, shall be
void and null, in the language of the Great Charter, or holden for
none, in the language of the time of Edward III. Chief Justice
Marshall in the great case of Marbury vs. Madison, in 1803, was but
following these ancient declarations when, speaking for the Supreme
Court of the United States, he settled—we hope for all time—the
beneficent and indispensable doctrine that a statute contrary to an
American constitution must be treated by the courts as void and null
and holden for none.
I do not overlook the fact that this idea of fundamental laws
unchangeable by statute long slumbered in England, and that the
contrary—the legal supremacy of parliament—was subsequently
established. In studying this aspect of the Great Charter, we must
recall that the conditions of life in England during the thirteenth and
fourteenth centuries were very much simpler than those existing
later, and that it was not then realized, or at most only vaguely and
dimly, that the legislative power could change the laws regulating
the rights and duties of individuals as among themselves or in their
relation to the government. The modern habit of imagining that in
legislation is to be found the panacea for all ills and of measuring
the efficiency of a government by the number of statutes it has
produced was unthought of. Probably the only legislative function in
the minds of Englishmen during the thirteenth and fourteenth

centuries was taxation, and as yet men hardly realized the necessity
for broader regulative or legislative powers.
Nevertheless, the doctrine that the permanent fundamental
principles of the law of the land guaranteed by Magna Carta were
inviolable prevailed in England long after the fourteenth century, and
in fact was declared in the English courts as late as the seventeenth
century. Bonham's case is the most familiar instance of the
recognition of that doctrine. The views of English lawyers, judges
and statesmen have changed in this respect, and it is now settled
that parliament is supreme and that it can amend or repeal Magna
Carta in any respect it may see fit. The changed view undoubtedly
met with ready acquiescence, partly because of the necessity for
amendments of the law in order to cope with changing conditions,
partly because of the unwillingness of the English people to leave
questions of constitutional power to the courts, in view of the
dependence of the judges upon the crown, but principally because
of the confident belief that parliament existed primarily for the very
purpose of upholding and protecting the rights and liberties secured
to the people by the Great Charter of Liberties, and that the people
could rely upon parliament never to consent to the violation of those
rights and liberties.
Repeatedly from the seventeenth century to our own day legislation
has been criticized in Great Britain and Ireland on the ground that it
was in conflict with Magna Carta, and always the strongest and most
effective argument against proposed legislation has been that it
would violate the principles of the Great Charter of Liberties. During
the past thirty years thoughtful observers of English politics have
remarked that private property in England is, on the whole, less
secure from attack on the part of the government in our day than it
was at the time of the Stuarts. Whenever the increase of class
legislation and attacks on private property shall lead Englishmen to
place checks and restraints upon the power of temporary majorities,
so as more effectively to protect personal and property rights—an
event which, I believe, must inevitably come to pass sooner or later
—then the stirring battle-cry will again be Magna Carta, and the

result may be a return to the spirit of the declarations of Magna
Carta and of the statute of Edward III., that any statute contrary to
the law of the land guaranteeing the fundamental rights and liberties
of the individual shall be void and null and holden for none. And to
make that ancient, sound and honest principle really an effective
protection to the individual and to minorities, the courts of justice of
England may at last be empowered, as they are with us, to refuse to
give force and effect and to hold for none any statute in conflict with
the fundamental law of the land.
Of an importance no less vital than the idea of a permanent law of
the land safeguarding the fundamental rights and liberties of the
individual, was the express declaration in the first chapter of Magna
Carta that the English church, Anglicana ecclesia, should be free
from interference on the part of the crown and that her rights should
be entire and her liberties inviolable. In this provision we have the
germ of an independent church and the idea of the separation of
Church and State.
It is reasonable to assume and, in view of the surrounding
circumstances and the language then employed, it is highly probable
that, under the lead of Langton, who was born of English parents
and intensely patriotic, probably himself the author of the clause, the
churchmen of that day conceived that the religion of the English
people ought to be free from governmental control, and that the
English church had interests and privileges independent of the crown
and independent likewise of the interests and policies of Rome. At
that very time the English churchmen, in cooperating with the
barons and people of England to secure Magna Carta, were acting
against the will of Rome; indeed, as we know, the Pope promptly
denounced the Great Charter and the patriot primate, because the
Pope considered that the Great Charter was derogatory to the
dignity of King John as a vassal of the Holy See. In this provision of
Magna Carta relating to the English church, even though it was
disregarded for centuries, we recognize the idea of religious liberty
and the American political principle of the separation of Church and
State, as also, though vaguely, the great principle underlying the

noble declaration in our own state constitution that "the free
exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed in this state to
all mankind."
The provisions of the Great Charter relating to the administration of
justice were undoubtedly those which were of chief concern to the
people at large, as they were certainly, if observed, those most
essential for the security of their liberties. The framers knew that it
was in the courts that the king of England would keep his promises,
if at all, and that the king's government would only be as good as
his judges were learned, independent and impartial. In these
provisions of Magna Carta we find the principle of the separation and
independence of the judicial power and the soundest and highest
conceptions of the administration of justice, conceptions far in
advance of those to be found in any other document or enactment
of that age.
The framers had grasped the great truth that jurisprudence is a
science, that the law must be administered by men learned in that
science and bound to obey its rules and follow its precedents, that
uniformity and certainty are essential to the administration of justice,
and that the highest political liberty is the right to justice according
to law and not according to the will of the judge or the judge's
master, or according to the judge's individual discretion, or his
notions of right and wrong. They had also arrived at the conclusion
that every Englishman was entitled as of absolute right to a day in a
court which would hear before it condemned, which would proceed
upon notice and inquiry, and which would render judgment only
after a fair trial. The plain people of England knew full well that the
struggle for their old laws—the laws of their land, pious, good, fixed
and permanent, as they devoutly believed them to be—would be
fruitless unless they secured permanent courts and learned,
independent and impartial judges; and they instinctively felt, if they
did not clearly perceive, that the law is infinitely wiser than those
who may be called upon to administer it, and that, as Aristotle had

declared fifteen hundred years before, "to seek to be wiser than the
laws is the very thing which is by good laws forbidden."
It was Magna Carta that established in England the doctrine of the
rule of law administered in fixed courts by learned and independent
judges bound to obey the law; and it was Magna Carta that
established the greatest of all the English constitutional doctrines,
that of the supremacy of the law over every official however high.
When the Great Charter was being translated and explained in the
cathedrals, churches and monasteries of England, the people fully
understood the tremendous significance and value to them,
determined as they were to establish a rule of law and put an end to
arbitrary decrees, of the famous covenant in chapter forty-five that
the king would "appoint as justices, constables, sheriffs, or bailiffs
only such as know the law of the realm and mean to observe it
well," and of the covenants in chapter seventeen that the "common
pleas shall not follow our court, but shall be held in some fixed
place"—in chapter eighteen that the petty assizes should be held in
the county court—in chapter thirty-six that the writ of inquisition
should be freely "granted, and never denied"—in chapter forty that
"to no one will we sell, to no one will we refuse or delay, right or
justice," which in time came to be interpreted as a universal
guaranty of free and impartial justice to all classes high and low.
For many generations in England and in America it was believed that
the writ of habeas corpus, justly esteemed the great bulwark of
personal liberty, had its direct guaranty or at least its antecedent in
Magna Carta. Such was the contention of counsel in the Five Knights
case of 1627, and such was the declaration of the Petition of Right of
1628. This view is now being challenged on the ground that the
exact procedure subsequently developed was not provided for in
Magna Carta and was not in the minds of its authors. Even if this be
so, the underlying principle of chapter thirty-six and its promise that
the writ of inquisition should be freely "granted, and never denied"
naturally led in time, after the passing of trial by combat, to the right
of speedy inquisition by grand jury and trial by petit jury. At all

events, the principle of the writ of habeas corpus was for centuries
assumed to be embodied in Magna Carta.
Professor Dicey lecturing at Oxford on "The Law of the Constitution"
has well remarked that, although the English Habeas Corpus acts
declare no principle and define no rights, they are for practical
purposes worth a hundred constitutional articles guaranteeing
individual liberty. As in England, so with us. Without the writ of
habeas corpus there would be no liberty worthy of the name and no
rights of personal freedom of any practical value. We have only to
read the leading cases in our courts to realize how great a part the
writ has played and still plays in securing and rendering effective the
fundamental principles of American liberty.
Chapters twelve and fourteen of Magna Carta dealt with the subject
of taxation, and they laid the foundation of our representative
system and of the separation of the legislative from the executive
power. As has been suggested, the only legislative function that the
people of England in the thirteenth century contemplated as closely
affecting them or as likely to create any pressing grievance was that
of taxation. It was, therefore, expressly provided in the Great
Charter that, aside from the three existing feudal aids, more or less
fixed, the power to impose taxes should not be exercised without
the consent of the commune consilium. This common council is the
body that fifty years later developed into the famous parliament of
Simon de Montfort of 1265.
In the controversies in regard to taxation subsequently arising,
whether in parliament, in the courts, or in the forum of public
opinion, it was always insisted that Magna Carta prevented taxation
without the consent of parliament, just as in the eighteenth century
our ancestors contended that Magna Carta prevented taxation
without representation, that is, prevented the imposition of taxes
except by a legislative body in which the taxpayers were
represented. We have only to refer to the arguments in the great
constitutional cases before the courts of England in the seventeenth
century, such as the famous case of Impositions in the reign of

James I. and the still more famous case of Ship-Money in the reign
of Charles I., to realize how much the people relied upon Magna
Carta as establishing the doctrine that parliament alone could
impose taxes.
The counsel for Bate in the former case and for Hampden in the
latter case may not have apprehended the philosophical theory of
the separation of governmental powers elaborated by Montesquieu
in the next century, and they may not have contended that taxation
was essentially a legislative function and, therefore, could not be
exercised by the king; but in final analysis they affirmed these
principles when they asserted that parliament alone could impose
taxes. The judgment of a majority of the court in the Ship-Money
case, as had been the judgment in the case of Impositions, was in
favor of the crown, but the appeal to the country cost Charles I. his
head and ultimately resulted in vesting in parliament the exclusive
power to legislate and hence to tax. If England had then had an
independent judiciary charged with the duty of enforcing the
fundamental law of the land, the levying of the taxes in both of
these cases would have been held contrary to the letter, as it was
certainly contrary to the spirit, of Magna Carta.
It is no answer to say that the parliament of to-day finds its
prototype not in the old common council referred to in Magna Carta,
but in the parliament of 1265, nor is it an answer to say that the
idea of taxation in its abstract form is essentially modern and was
quite unknown in 1215. I do not suggest that the people of England
in 1215 or even in 1265 understood the virtues of the representative
system, or the principles of taxation or of the separation of powers.
The point is that the direct consequence of the provisions of Magna
Carta was a parliament based, theoretically at least, on the
representative idea as well as on the principle that there could be no
legislation without the consent of parliament.
The most famous of all the chapters of Magna Carta and the most
important and far-reaching from a juridical point of view is
undoubtedly the thirty-ninth, which provides that "no freeman 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."
The substance of this provision as to "the law of the land," or its
equivalent "due process of law," is of universal application
throughout the United States as a constitutional limitation upon the
powers of government, and it is to be found not only in the
Constitution of the United States but in the constitution of every
state of the Union. It is now firmly established in American and
English constitutional law, and it is familiar knowledge, that the
terms "the law of the land" and "due process of law" are exactly
equivalent in meaning and in legal force and effect. The earliest use
of the phrase "due process of law" in American constitutions seems
to have been in the fifth amendment to the Constitution of the
United States, ratified in 1791. None of the state constitutions then
in existence contained that term, but nearly all of them used the
phrase "the law of the land." The phrase "due process of law" will be
found in the New York bill of rights of 1787.
Until recent years, it had been assumed that the term "the lawful
judgment of his peers" in Magna Carta meant trial by jury according
to the modern understanding of that term, and that the term "the
law of the land" meant laws conforming to those fundamental
principles of justice which protect every individual in the full
enjoyment of life, liberty and property secure from the arbitrary
exercise of the powers of government. That is still the technical legal
meaning of these two terms both in England and in America,
although their practical effect and operation are different with us,
because of our system of written constitutions which the legislative
branch may not disregard or violate. Both of these meanings,
however, are now challenged by certain critics as being without
foundation in either the provisions or the history of the Great
Charter.
Some historians contend that the familiar provision of Magna Carta
could not have meant trial by a jury of twelve and a unanimous

verdict, because such a jury, according to our present knowledge,
did not exist until the second half of the fourteenth century. But it is
quite immaterial whether the exact form of our jury-trial existed in
England in 1215, or when the Great Charter was subsequently
reissued or confirmed, provided that the foundations of the system
had then been laid. It is sufficient for us that the antecedents of the
modern jury system in all its three forms of grand jury, criminal jury
and civil jury existed at the time of Magna Carta and were preserved
by it. As the jury system developed, with the changes inevitably
attending all such institutions of legal procedure and machinery, the
form for the time being, whatever its exact nature, became "the
lawful judgment of his peers" within the intent and meaning of the
Great Charter. In any event, the latest confirmations of that
instrument occurred at a time when the jury system as now in force
was being firmly established. It is, therefore, easy to understand
how the provision "the lawful judgment of his peers" in the course of
time came to be regarded as intended to guarantee the common-law
jury of twelve with unanimity in verdict.
Thus many, if not most, of our constitutional provisions now apply to
conditions not at all contemplated by their framers although clearly
within the principle enunciated and the spirit of the language used.
Much of the efficacy of our federal and state bills of rights, or of any
similar provisions which this Convention may embody in the new
constitution, would be practically nullified if the language used were
to be interpreted as being limited to the particular conditions existing
when they were adopted. It is the spirit and the expanding principles
of constitutional provisions which should always control. The letter
killeth.
A charter of liberties, a bill of rights, or a constitution is not an
ephemeral enactment designed to meet only the conditions existing
at the time of its adoption. It embodies and perpetuates permanent
principles. It is designed to endure "forever," in the language of
Magna Carta, and "to approach immortality as nearly as human
institutions can approach it," in the lofty phrase of Marshall, the
great Chief Justice of the United States. Under any other rule of

interpretation, Magna Carta would have become antiquated long
before the discovery of America.
By the phrase "the law of the land," in chapter thirty-nine, the
fundamental principles and axioms of the existing law were
perpetuated. Exactly what those fundamental principles and axioms
were then understood to be is not now capable of accurate
exposition. The judges and the people of those days certainly had
some definite ideas of reasonably just and fixed rules of conduct
adequate for the solution of the simple questions arising in the
controversies then being submitted for adjudication. Had the judges
been pressed for a comprehensive or philosophical definition of "the
law of the land," they might have said that they would not attempt
to define the term any more than they would attempt to define
justice itself, and that, as the Supreme Court of the United States
declared only a few years ago, it is better to ascertain the intent of
such an important phrase in a great constitutional document by the
gradual process of judicial inclusion and exclusion as practical
experience may dictate and as the cases presented for decision may
require; in other words, that their decisions would in time sufficiently
declare and perpetuate the principles of the law of
"A land of settled government,
A land of just and old renown,
Where freedom slowly broadens down
From precedent to precedent."
The phrase "the law of the land," as used in Magna Carta, must have
been intended at the time to include procedure as well as
substantive law, but the term "due process of law," now its current
equivalent, originally related only to procedure. A very early, if not
the earliest, use of the term "due process of law" will be found in a
statute of the year 1354, 28 Edward III., in which it was provided
that no person should be condemned without being first brought to
answer by due process of the law, the exact wording in the quaint
Norman-French of the day being "saunz estre mesne en respons par
due proces de lei." As at the same time the Great Charter was being

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