Published online by Cambridge University Press: 05 October 2014
The seven hundred and fiftieth anniversary of Magna Carta is not the sole reason for the publication of this book. The last comprehensive study of the Charter was McKechnie's, published in 1905 and revised in 1914. Since McKechnie wrote, much work has been done, both in studying the Charter and in publishing the records of the Exchequer and the Curia Regis which are essential to its proper comprehension. One object of this present book, therefore, is to provide an up-to-date study of the subject. But it does not follow the pattern of the previous work. The commentary to which McKechnie devoted nearly three hundred pages is no longer practicable. Furthermore, it embodied the approach of the lawyer concerned with pursuing the provisions of the Charter through subsequent legal developments. The result was a learned work of scholarship, but it was not always closely related to the circumstances in which the Charter was produced. For example, McKechnie allotted more Space to cap. 36 of the Charter which concerned the relatively trivial matter of the writ of life and limb, than to caps. 52, 53 and 55 which provided for the restoration of property to those disseised by the Crown. These last clauses were among the most crucial issues between King John and his baronial opponents. Their execution led England into civil war.
The approach of the present work is different from McKechnie's, for it is the work of a historian not a lawyer.
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