Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
(1) The mysterious medieval lawbook known as the _Mirror of Justices_
contains a chapter upon Magna Carta which has some claims to rank as a
commentary, although it represents the opinions of a political
pamphleteer rather than those of an unbiassed judge. The date of this
treatise is still the subject of dispute. It has been usual to place it
not earlier than the years 1307-27, mainly because it makes mention of
“Edward II.” Prof. Maitland, however, dates it earlier, maintaining on
general grounds that it was “written very soon after 1285, and probably
before 1290.”[313] He explains the reference to “Edward II.” as applying
to the monarch now generally known in England as Edward I., but
sometimes in his own reign known as Edward II., to distinguish him from
an earlier Edward, still enshrined in the popular imagination, namely,
Edward Confessor. Mr. Maitland is not disposed to treat this work of an
unknown author too seriously, and warns students against “his ignorance,
political bias, and deliberate lies.”[314]
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Footnote 313:
See _The Mirror of Justices_ (edited for the Selden Society by Prof.
Maitland), _Introd._, xxiii. to xxiv.
Footnote 314:
_Ibid._, xxxvii. _Cf._ xlviii.
(2) Dismissing the _Mirror_, then, as a dangerous and possibly
disingenuous guide, the earliest serious commentary known to exist is
that of Sir Edward Coke, formerly Lord Chief Justice. This elaborate
treatise, forming the second of Coke’s four _Institutes_, was published
in 1642 under direction of the Long Parliament, the House of Commons
having given the order on 12th May, 1641.[315]
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Footnote 315:
See _Dictionary of National Biography_, XI. 243.
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Public-domain text, read in full here on John Shaqi.
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