The Reinvention of Magna Carta 1216-1616

ISBN-13: 9781107187054 / Angielski / Twarda / 2017 / 622 str.

John Baker

Opis

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.

Recenzje

'Baker's comprehensive and reflective study makes an impressive contribution to our understanding of Magna Carta in the medieval and early modern world.' Sean McGlynn, Journal of British Studies

Spis treści

1. The legal character of Magna Carta; 2. Chapter 29 in the fourteenth century; 3. Magna Carta in the Inns of Court, 1340–1540; 4. Personal liberty and the Church; 5. Royal prerogative and common law under Elizabeth I; 6. William Fleetwood and Magna Carta; 7. The resurgence of Chapter 29 after 1580; 8. Magna Carta and the rule of law, 1592–1606; 9. Sir Edward Coke and Magna Carta, 1606–15; 10. 'A year consecrate to justice': 1616; 11. Myth and reality.