ABSTRACT
Our basic system of justice is predicated upon the English system of justice that dates back to the Magna Carta in 1215. The Magna Carta was influenced by King Henry I who specified that a limitation would be placed on certain of his powers. This limit resulted from and was influenced by the Charter of Liberties of 1100. After 1215 the Magna Carta underwent many modifications, and by the time that the early settlers reached New England, it was influential in their interpretation of law. As a direct consequence, the Magna Carta played an influential role in the development of the Constitution of the United States. The Englishmen who colonized America were greatly influenced by the Magna Carta when they established their charters. These included the Virginia Charter, the Maryland Charter, and the Massachusetts Bay Company Charter. These early colonists’ interpretation of the Magna Carta was anachronistic in that they believed that it guaranteed trial by jury and habeas corpus and was a fundamental law. Habeas corpus essentially means “you have the body” and relates to the direction of a prison warden to produce the person so that the court can determine the status and legality of the custody of the prisoner. The court order concerning the production of the habeas corpus is known as a writ.
