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The Reinvention of Magna Carta 1216-1616 (Paperback)
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The Reinvention of Magna Carta 1216-1616 (Paperback)
Series: Cambridge Studies in English Legal History
Expected to ship within 10 - 15 working days
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This new account of the influence of Magna Carta on the development
of English public law is based largely on unpublished manuscripts.
The story was discontinuous. Between the fourteenth and sixteenth
centuries the charter was practically a spent force. Late-medieval
law lectures gave no hint of its later importance, and even in the
1550s a commentary on Magna Carta by William Fleetwood was still
cast in the late-medieval mould. Constitutional issues rarely
surfaced in the courts. But a new impetus was given to chapter 29
in 1581 by the 'Puritan' barrister Robert Snagge, and by the
speeches and tracts of his colleagues, and by 1587 it was being
exploited by lawyers in a variety of contexts. Edward Coke seized
on the new learning at once. He made extensive claims for chapter
29 while at the bar, linking it with habeas corpus, and then as a
judge (1606-16) he deployed it with effect in challenging
encroachments on the common law. The book ends in 1616 with the
lectures of Francis Ashley, summarising the new learning, and (a
few weeks later) Coke's dismissal for defending too vigorously the
liberty of the subject under the common law.
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