Produced by Al Haines
Note: This is an updated edition of PG#13376.
Copyright (C) 2004 S. A. Reilly
King AEthelbert - King George III, 1776
By
S. A. Reilly, Attorney
175 E. Delaware Place
Chicago, Illinois 60611-7715
S-Reilly@att.net
Copyright (C) 2004
Preface
This book was written to appreciate what laws have been in existencefor a long time and therefore have proven their success in maintaining astable society. Its purpose is also to see the historical context inwhich our legal doctrines developed. It includes the inception of thecommon law system, which was praised because it made law which was nothanded down by an absolutist king; the origin of the jury system; themeaning of the Magna Carta provisions in their historical context; andthe emergence of attorneys.
This book is a primer. One may read it without prior knowledge ofhistory or law, although it will be more meaningful to attorneys than toothers. It can serve as an introduction on which to base further readingin English legal history. It defines terms unique to English legalhistory. However, the meaning of some terms in King Aethelbert's code inChapter 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 betterunderstand the law of that period. The usual subject matter of historysuch as battles, wars, royal intrigues, periods of corruption, andinternational relations are omitted as not helping to understand theprocess of civilization and development of the law. Standard practicesare described, but there are often variations with locality. Also,change did not come abruptly, but with vacillations, e.g. the changefrom pagan to Christian belief and the change to allowance of loans forinterest. The scientific revolution was accepted only slowly. There wereoften many attempts made for change before it actually occurred, e.g.gaining Parliamentary power over the king's privileges, such astaxation.
The Law section describes the law governing the behavior and conduct ofthe populace. It includes law of that time which is the same, similar,or a building block to the law of today. In earlier times this is bothstatutory law and the common law of the courts. The Magna Carta, whichis quoted in Chapter 7, is the first statute of England and is listedfirst in the "Statutes of the Realm" and the "Statutes at Large". Thelaw sections of Chapters 7 - 18 mainly quote or paraphrase almost all ofthese statutes. Excluded are statutes which do not help us unders