The reinvention of Magna Carta 1216-1616 / Sir John Baker.
2017
KD3946 .B35 2017 (Mapit)
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Title
The reinvention of Magna Carta 1216-1616 / Sir John Baker.
Imprint
Cambridge, United Kingdom : Cambridge University Press, 2017.
Description
xlix, 570 pages ; 24 cm.
Series
Cambridge studies in English legal history.
Formatted Contents Note
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 on Statutes: a concordance of parallel passages
Six Elizabethan Cases (1582-1600)
The Judges' resolutions on Habeas Corpus (1592)
Coke's Memorandum on Chapter 29 (1604)
Whetherly v. Whetherly (1605)
Maunsell's Case (1607)
Bulthorpe v. Ladbrook (1607).
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 on Statutes: a concordance of parallel passages
Six Elizabethan Cases (1582-1600)
The Judges' resolutions on Habeas Corpus (1592)
Coke's Memorandum on Chapter 29 (1604)
Whetherly v. Whetherly (1605)
Maunsell's Case (1607)
Bulthorpe v. Ladbrook (1607).
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.
Note
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
KD3946 .B35 2017
Language
English
ISBN
9781107187054 (hardback ; alkaline paper)
1107187052 (hardback ; alkaline paper)
1107187052 (hardback ; alkaline paper)
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