Note 434 — Chapter XVIII · THE GREAT CHARTER

This is an important legal enactment whose purpose is to prevent prolonged imprisonment, without trial, of persons accused of serious crime. A person accused of murder, for example, could not be set at liberty under bail, but he could apply for a writ de odio et âtia ("concerning hatred and malice") which directed the sheriff to make inquest by jury as to whether the accusation had been brought by reason of hatred and malice. If the jury decided that the accusation had been so brought, the accused person could be admitted to bail until the time for his regular trial. This will occur to one as being very similar to the principle of habeas corpus. John had been charging heavy fees for these writs de odio et âtia, or "writs of inquisition of life and limb," as they are called in the charter; henceforth they were to be issued freely.