Our Legal Heritage : 600-1776 King Aethelbert - King George III

King AEthelbert - King George III
S. A. Reilly, Attorney 175 E. Delaware Place Chicago, Illinois 60611-1724 S.A.Reilly@att.net
4th Edition
Copyright (C) 2002
Preface
This was written to appreciate what laws have been in existence for a long time and therefore have proven their success in maintaining a stable society. Its purpose is also to see the historical context in which our legal doctrines developed. It includes the inception of the common law system, which was praised because it made law which was not handed down by an absolutist king; the origin of the jury system; the meaning of the Magna Carta provisions in their historical context; and the emergence of attorneys.
This book is a primer. One may read it without prior knowledge of history or law, although it will be more meaningful to attorneys than to others. It can serve as an introduction on which to base further reading in English legal history. It defines terms unique to English legal history. However, the meaning of some terms in King Aethelbert's code in Chapter 1 are unknown or inexact.
In the Table of Contents, the title of each chapter denotes an important legal development in the given time period for that chapter. Each chapter is divided into three sections: The Times, The Law, and Judicial Procedure.
The Times section sets a background and context in which to better understand the law of that period. The usual subject matter of history such as battles, wars, royal intrigues, periods of corruption, and international relations are omitted as not helping to understand the process of civilization and development of the law. Standard practices are described, but there are often variations with locality. Also, change did not come abruptly, but with vacillations, e.g. the change from pagan to Christian belief and the change to allowance of loans for interest. The scientific revolution was accepted only slowly. There were often many attempts made for change before it actually occurred, e.g. gaining Parliamentary power over the king's privileges, such as taxation.