The reinvention of Magna Carta 1216-1616 / Sir John Baker.

Format:

Book

Author/Creator:

Baker, John H. (John Hamilton), author.

Series:

Cambridge studies in English legal history.

Cambridge studies in English legal history

Language:

English

Subjects (All):

Magna Carta--Influence.

Magna Carta.

Constitutional history--England--To 1500.

Constitutional history.

Constitutional history--England--16th century.

Constitutional history--England--17th century.

Physical Description:

1 online resource (xlix, 570 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2017.

Summary:

Magna Carta was largely ineffective for practical purposes between the fourteenth century and the sixteenth, late-medieval law lectures giving no hint of its later importance. A treatise by William Fleetwood (c.1558) was still in the traditional mould, but the lectures of the 'Puritan' barrister and MP Robert Snagge in 1581, and the speeches and tracts of his colleagues, advocated new uses for it. After centuries of oblivion, in 1587 there were eight reported cases in which chapter 29 was cited. Sir Edward Coke made extensive claims for chapter 29, linking it with habeas corpus, and then as a judge (1606-16) he deployed it with effect in challenging encroachments on the common law and the liberty of the subject. This book ends in 1616 with the lectures of Francis Ashley, summarising the effects of the new learning, and then Coke's dismissal for pushing his case too hard. A challenging new account.

Contents:

The legal character of Magna Carta

Chapter 29 in the fourteenth century

Magna Carta in the inns of court 1340-1540

Personal liberty and the church

Royal prerogative and common law under Elizabeth I

William Fleetwood and Magna Carta

The resurgence of chapter 29 after 1580

Magna Carta and the rule of law 1592-1606

Sir Edward Coke and Magna Carta 1606-1615

"A year consecrate to justice" 1616

Myth and reality

Appendices. Two Fifteenth-Century Readings on Chapter 29

Actions Founded on Chapter 29 (1501-32)

William Fleetwood on Chapter 29 (c. 1558)

Fleetwood's Tracts on Magna Carta and Statutes

Six Elizabethan Cases (1582-1600)

The Judges' Report on Habeas Corpus (1592)

Coke's Memorandum on Chapter 29 (1604)

Whetherly v. Whetherly (1605)

Maunsell's Case (1607)

Bulthorpe v. Ladbroke (1607).

Notes:

Title from publisher's bibliographic system (viewed on 28 Feb 2017).

ISBN:

1-316-94706-8

1-316-95240-1

1-316-95329-7

1-316-63757-3

1-316-94099-3

1-316-95418-8

1-316-95507-9

1-316-95774-8