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• W2590281397 abstract "What did English lawyers know about Magna Carta in fourteenth and fifteenth centuries? How did they talk about it? Did they regard king as above law or subordinate to it? What did they make of guarantees that we now think were most important in Magna Carta, guarantee of judgment of peers or law of land, and of speedy justice? The evidence of Year Books is that Magna Carta was treated as a minor statute, that king was or ought to be above law in many respects, and that trial by jury was a risk to be avoided, if possible, because juries could be so easily intimidated.Surely lawyers held no centenary celebrations of Magna Carta anniversaries in 1315, 1415, or 1515. The sealed by King John on June 15, 1215, at Runnymede was almost completely unknown to lawyers in England's royal courts in decades and centuries afterward. What lawyers and judges of fourteenth and fifteenth centuries knew as Magna Carta was third reissue of in 1225, first by John's son Henry III on his own initiative.1There are about 120 references to Magna Carta in Year Books, reports of legal arguments and judgments in England's common law courts from 1268 to 1535.2 But in none of these reports is there any mention that it was King John who first granted a with most of these provisions. There are fifteen cases in Year Books mentioning other charters of King John.3 These charters of King John were all specific individual grants of in sense of special privileges or franchises to particular towns or religious houses. Often issue in these cases was whether a particular local of King John was valid. And often conclusion was that it was not. For example, in 1346 bailiffs of a town put forward a of their liberties from King John by which John had granted that townspeople should not be impleaded or implead in respect of contracts, trespasses or tenures anywhere except in town itself. The Court of Common Pleas held void.4In London eyre of 1321, a that King John had granted in July 1199 putting sheriffdoms of Middlesex to fee farm was challenged on behalf of Edward II. A lawyer for City of London argued that the says that we are to have our liberties and our free customs, a clear reference to a chapter of Magna Carta.5 But there was no hint here or in any other case found in Y ear Books of any awareness that great charter that this London lawyer or other lawyers and judges were invoking was itself a first granted by King John.Readings at Inns of Court, lectures on statutes by senior lawyers for law students, showed a slight but growing awareness of events of 1215. A reading on first chapter of Magna Carta that survives in six manuscripts, probably dating to sometime in fifteenth century, began by noting that King Henry III made this for amendment of realm, before which only common law was used, and a treaty which was made at Runnymede.6 King John and his barons were at war with each other before and after his grant of 1215 charter, so it could be characterized as a temporary truce or treaty. Another reading of uncertain date gave a bit more of history:Before making of this statute there was no law except custom and common law . . . . King John wanted to destroy law and have his own will. And for this reason lords of lands wished to depose him . . . and because of fear of these barons and other lords he [John] made this law in writing. And after this King Henry III confirmed this law of his good will without coercion and it was sealed with his seal.7This mention of King John's fear of barons, contrasted with lack of coercion against Henry III, suggests that lawyers who knew history of 1215 events would have thought that John's grant of was void for duress. …" @default.
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• W2590281397 date "2016-12-01" @default.
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• W2590281397 title "Magna Carta in the Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, and a Turn Away from Trial by Jury" @default.
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