Magna Carta: A Commentary on the Great Charter of King John
Chapter Thirty–six.
20th Century William Sharp McKechnie EnglishNichil detur vel capiatur de cetero pro brevi inquisicionis de vita vel membris, sed gratis concedatur et non negetur.
Nothing in future shall be given or taken for a writ of inquisition of life or limbs, but freely it shall be granted, and never denied.
This chapter has an important bearing upon trial by combat, and none at all upon habeas corpus, to which it is often supposed to be closely related. The writ upon which emphasis is here laid had been invented by Henry II. to obviate the judicial duel, by allowing the accused to refer the question of guilt or innocence to the verdict of his neighbours.