In Search of the Origins of Due Process of Law

Abstract

The lineage of Magna Carta normally means something that has descended from Magna Carta, e.g., due process, habeas corpus, etc. and not the lineage from which Magna Carta itself descended. The earlier coronation oaths of the kings of England do not reveal anything remotely similar to the liberty clause of Magna Carta. Still, ‘The time-honoured view’ puts that its origin is ‘lost in the mists of antiquity’, suggesting as if it is traceable back to Rome. This paper sheds light on this riddle by exploring a hypothesis that Apostle Paul’s assertion of his ancient civil liberty while under detention could have inspired and informed the development of feudal English liberty and due process. This paper offers historical and comparative law perspectives and draws some suggestions for today.