(Source: Cambridge University Press)
Last year,
Cambridge University Press published a book on the influence of Magna Charta on
English public law between the 13th-17th centuries. Cambridge
University Press published the paperback version of the book this month.
ABOUT THE BOOK
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based largely on unpublished manuscripts.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.
ABOUT THE AUTHOR
Sir John
Hamilton Baker is an English legal historian. He was Downing Professor of the
Laws of England at the University of Cambridge from 1998 to 2011
TABLE OF CONTENTS
Preface
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).
More with the
publisher
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