Our Legal Heritage | Page 3

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The Project Gutenberg Etext Our Legal Heritage, by S. A. Reilly
OUR LEGAL HERITAGE The first thousand years: 600 - 1600 King
AEthelbert - Queen Elizabeth
2nd Edition

By
S. A. Reilly, Attorney 175 E. Delaware Place Chicago, Illinois
60611-1724

1999

Preface
This was written to see what laws have been in existence for a long
time and therefore have proven their success in maintaining a stable
society. It's purpose is also to see the historical context in which our
legal doctrines were derived. It looks at the inception of the common
law system, the origin of the jury system, the meaning in context of the
Magna Carta provisions, the emergence of attorneys, and the formation
of probate law from church origins.
This book is a primer. One may read it without prior knowledge in

history or law, although it will be more meaningful to lawyers than to
non-lawyers. Since it defines terms unique to English legal history, it
may serve as a good introduction on which to base further reading in
English legal history. The meaning of some terms in King Aethelbert's
code in Chapter 1 are unknown or inexact.
The chapters are sequential. The title of each chapter in the Table of
Contents includes the time period covered. The title of each chapter
denotes an important legal development of that time period.
Each chapter is divided into three sections: The Times, The Law, and
Judicial Procedure. The law section is the central section. It describes
the law governing the behavior and conduct of the populace. It includes
law of that time by which people lived which is the same, similar, or a
building block to the law of today. In earlier times this is both statutory
law and the common law of the court. The Magna Carta, which is
quoted in Chapter 7, is the first statute of the Statutes at Large. The law
sections of Chapter 7 - 13 mainly quote or paraphrase most of these
statutes or the Statutes of the Realm. Excluded are statutes which do
not help us understand the development of our law, such as statutes
governing Wales after its conquest and statutes on succession rights to
the throne.
The first section of each chapter: The Times, sets a background and
context in which to better understand the laws. The usual subject matter
of history such as battles, famines, periods of corruption, and
international relations are omitted as not helping to understand the
process of civilization and development of the law in the nation of
England.
The last section of each chapter: Judicial Procedure, describes the
process of applying the law and trying cases for the relevant time
period. It also contains some examples of