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

  10   4
Reilly, S. A. Project Gutenberg 2004
Law -- England -- History Readers of public-domain and historical texts
Project Gutenberg digital edition en

Edition facts

Words: 276,146
Reading time: 1201 min
Text sections: 23
An attorney's primer on English legal history from 600 to 1776, structured by era into sections on times, law, and judicial procedure, with excerpts showing detailed discussion of statutes and thinkers like Erasmus and St. German.
Share

S. A. Reilly's Our Legal Heritage is a primer on English legal history, spanning from King Aethelbert's code to the eve of American independence. The author, an attorney, organizes each chapter into three sections: The Times, The Law, and Judicial Procedure. The excerpts reveal a work that blends statutory analysis with intellectual history, as seen in the extended treatment of Erasmus's In Praise of Folly and Christopher St. German's Doctor and Student. The catalog subject 'Law -- England -- History' accurately describes the book's scope, but the excerpts show a stronger emphasis on philosophical and religious context than a typical legal history might suggest.

A Primer with a Purpose

The preface states the book is written 'to appreciate what laws have been in existence for a long time' and to show 'the historical context in which our legal doctrines developed.' Reilly explicitly calls it a primer, noting it 'can serve as an introduction on which to base further reading in English legal history.' The structure is methodical: each chapter covers a time period, then the law, then judicial procedure. The excerpts confirm this tripartite division, though the sample from Chapter 14 (Henry VIII era) focuses heavily on The Times, discussing reformers like 'the countess of Suffolk' and Erasmus at length, while the law and procedure sections are absent from the excerpt. This suggests the book may vary in balance across chapters.

Statutes as Building Blocks

The preface explains that law sections 'mainly quote or paraphrase most of these statutes,' referring to those from Magna Carta onward. Reilly excludes statutes that 'do not help us understand the development of our law,' such as those on Welsh governance or succession. The excerpts do not contain direct statute quotations, but the preface's description indicates a methodical approach: the Magna Carta is 'quoted in Chapter 7' and listed first in 'Statutes of the Realm.' The author's selection criteria—focusing on statutes that are 'the same, similar, or a building block to the law of today'—shapes the book as a genealogy of current legal principles rather than a comprehensive survey.

Erasmus and the Lawyers

A notable passage in the excerpts devotes several paragraphs to Erasmus's In Praise of Folly, summarizing its critique of marriage, childbirth, and religious piety. The text quotes Erasmus's observation that 'Christian theologians ... will pluck four or five words out from different places' to prove a point, adding that 'our attorneys are often jealous of them.' This comparison between theologians and lawyers is a rare moment of authorial commentary. The inclusion of such philosophical material, alongside the mention of 'Attorney Christopher St. German' and his treatise Doctor and Student, indicates that the book treats legal history as intertwined with broader intellectual currents, not merely a chronology of statutes.

Readers should approach Our Legal Heritage as a selective introduction rather than a comprehensive history. The excerpts show that the author prioritizes context and intellectual background, sometimes at the expense of detailed legal analysis. Those seeking a straightforward account of English law may find the digressions into Erasmus and religious reform unexpected. However, for readers interested in how legal ideas emerge from cultural and philosophical debates, this primer offers a distinctive perspective grounded in the author's stated aim of tracing 'the process of civilization and development of the law.'

Related eBooks