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The aim is to explore the Magna Carta's influence on rights and liberties in common law, particularly in the 17th century.

May 7, 2026Open Access

A New Magna Carta for the Early Modern Common Law: An 800th Anniversary Essay

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The aim is to explore the Magna Carta's influence on rights and liberties in common law, particularly in the 17th century.
Analytical examination of legal documents and writings from the seventeenth century.
Review of the development of rights and liberties in both England and America.
Assessment of key figures like Sir Edward Coke and John Lilburne's contributions.
Identified the Magna Carta as a foundational document influencing the development of rights in common law.
Showed direct inspiration from the Magna Carta in the 1641 Body of Liberties of Massachusetts.
Highlighted the ongoing relevance of Magna Carta in civil rights discussions during the 18th and 19th centuries.

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This essay examines how Magna Carta shaped constitutional rights in the Commonwealth during the seventeenth and nineteenth centuries.

Witte, Jr., John (2015) studied this question.

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