The Reinvention of Magna Carta 1216–1616

John Baker (University of Cambridge)

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English

Cambridge University Press
26 January 2017

European history; History of ideas; Legal history

Series: Cambridge Studies in English Legal History

This new account of the influence of Magna Carta on the development of English public law is based largely on unpublished manuscripts.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.

By: John Baker (University of Cambridge)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 235mm, Width: 159mm, Spine: 40mm
Weight: 1.030kg
ISBN: 9781107187054
ISBN 10: 1107187052
Series: Cambridge Studies in English Legal History
Pages: 622
Publication Date: 26 January 2017
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Sir John Baker taught at the University of Cambridge from 1971 to 2011, latterly as Downing Professor of the Laws of England. He also served for thirty years as Literary Director of the Selden Society and was knighted for services to legal history in 2003. He is the author of Collected Papers on English Legal History (Cambridge, 2013) and Introduction to English Legal History (4th edition, 2002).

Reviews for The Reinvention of Magna Carta 1216–1616

'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 '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