Reinvention of the Magna Carta Flashcards
What powers did the monarch traditionally have?
To the people
To serve the common good
Who was Edward Coke?
17th-century lawyer and attorney who fought for the constitutional monarchy
What is a constitutional monarchy?
Where the monarch is curtailed under the law (constitution) and has a parliament
What did Coke argue about English law?
That it was a supreme, rational, reasonable and had no gaps
What did Coke say to James I about the English Law?
That the law could come up with an answer in any situation
What did Coke argue that the MC had done for them?
Invoked an expectation in English people that their liberties, inheritances, and property rights were theirs to be held in the utmost respect
Why did James I dislike Edward Coke?
Because he argued all the time that the king did not have the right to act above the law and the law was supreme
What is the Ancient Constitution?
The idea that England had an unwritten constitution that went back through to before the Anglo Saxon invasion and it was the basis of all English law
Why did Coke argue that the Magna Carta was declaratory?
Because he said that all it did was write down the rights and laws that already existed in some degree or another
What commentaries did Coke write on the MC?
The first and second part of the institutes
Why did Cokes arguments about the MC run in both conservative and radical directions?
Conservative: everytghing that exists is reasonable and rational
Radicals: everything that is reasonable should exist
What did Coke argue about homo as used in MC?
That it stood for women as well as man
Who was Freeborn John?
John Lillburne was leader of the Levellers and Lt Col in the parliamentary army
What important Leveller document did Freeborn John write with Richard Overton?
The Agreement of the People
Where was Freeborn John tried in 1638?
Star Chamber. They had a reputation for trying to get confessions rather than convict on evidence. So John argued that MC allowed him the right not to incriminate himself