2017
DOI: 10.1017/9781316940990
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The Reinvention of Magna Carta 1216–1616

Abstract: 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 cit… Show more

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Cited by 31 publications
(6 citation statements)
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“…31 It has also been suggested that Stokesley's removal caused a welcome 'return to greater regularity in Requests', where he was 'succeeded by a series of common lawyers'. 32 Although these inferences seem reasonable, they are not based on any examination of Requests' archive during or around Stokesley's time in the Court. There is, in fact, a general shortage of extensive work on the early Requests and its records.…”
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confidence: 99%
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“…31 It has also been suggested that Stokesley's removal caused a welcome 'return to greater regularity in Requests', where he was 'succeeded by a series of common lawyers'. 32 Although these inferences seem reasonable, they are not based on any examination of Requests' archive during or around Stokesley's time in the Court. There is, in fact, a general shortage of extensive work on the early Requests and its records.…”
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confidence: 99%
“…5 In 1600, they argued that Requests had always been 'an office of discretion rather than correction', designed to channel petitions but not judge them. 6 As Edward Coke later remarked, Requests went untreated in sixteenth-century law reports, unmentioned by treatise-writers, and unsupported by statute. Hence, according to the rule of law, Requests had never possessed 'jurisdiction of judicature'; in fact, the predominance of civil lawyers on its bench meant that its procedures might even be construed as 'foreign' to the English system.…”
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“…Задачу, поставленную авторами, не назовешь новой. В историографии уже есть два фундаментальных исследования -Файт Томпсон [Thompson, 1948] и Джона Бейкера [Baker, 2017] -охватывающих рецепционную жизнь ВХ с XIII по XVII в., и обобщающая монография Ральфа Тэрнера [Turner, 2003], которая включает историю ВХ в XIX-XX вв. Авторы рецензи-Великая хартия вольностей… 185 руемой книги не стремятся охватить всю историю рецепционной жизни ВХ, останавливаясь на важных, на их взгляд, моментах.…”
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“…They enable the origins of that remedy to be traced, and it seems that Dyer himself was at the forefront of the development, a generation or two earlier than previous historical accounts supposed. 9 How many other Elizabethan judges kept similar notes can only be a matter of conjecture. There are certainly reports by, or attributed to, other judgesin print we have Anderson, Popham, and Owen, and in manuscript Saunders, Harpur, Clench, and Warburton.…”
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confidence: 99%