Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Edition facts
This work organizes English legal history into chapters each covering a period, with a consistent tripartite structure: The Times, The Law, and Judicial Procedure. The author explicitly omits battles, wars, and royal intrigues, aiming instead to show the historical context of legal doctrines. The preface states it is a primer for readers without prior legal knowledge, though it will be more meaningful to attorneys.
The excerpts reveal a focus on statutory and common law development, with the Magna Carta quoted as the first statute. The chapter on Henry VIII details the emergence of the Privy Council, the dissolution of monasteries, and the shift to English church services via the Book of Common Prayer. The author defines terms unique to English legal history and notes when meanings are unknown.
Structure and Scope
The book covers from King AEthelbert (596) to King George III (1775), but the excerpts only show content up to Henry VIII. Each chapter is divided into three sections: The Times (background), The Law (statutes and common law), and Judicial Procedure. The author states that standard practices are described, but variations with locality exist, and change came gradually with vacillations.
The preface explains that the purpose is to appreciate laws that have proven successful in maintaining a stable society. The book includes the inception of the common law system, the origin of the jury system, the historical context of Magna Carta provisions, and the emergence of attorneys. The author notes that some terms in King AEthelbert's code are unknown or inexact.
Treatment of Henry VIII's Reign
The excerpt on Henry VIII shows a focus on legal and administrative changes rather than personal biography. It describes the establishment of the Privy Council, the use of bills of attainder, and the dissolution of monasteries. The author notes that Cromwell developed a technique for managing the House of Commons that lasted for generations, and that registers for baptisms, marriages, and burials were instituted to reduce disputes over descent and inheritance.
The text also covers the shift from Latin to English in church services with the Book of Common Prayer, and the replacement of the mass with communion. The author states that imprisonment or exile replaced death as penalties for heresy and blasphemy. The tone is factual, listing proclamations and their consequences without moral judgment.
Methodological Choices
The author explicitly excludes usual historical subjects such as battles, wars, royal intrigues, periods of corruption, and international relations, as they do not help understand the process of civilization and development of the law. This selective focus means the reader gets a legal-institutional narrative rather than a general history.
The law sections mainly quote or paraphrase statutes, with the Magna Carta quoted in Chapter 7. The author acknowledges that change did not come abruptly, giving examples like the shift from pagan to Christian belief and the allowance of loans for interest. The scientific revolution is noted as being accepted only slowly. The preface states that the book can serve as an introduction for further reading in English legal history.
Readers should note that the excerpts cover only up to the Tudor period, while the title extends to 1775. The author's consistent tripartite structure and exclusion of non-legal history make this a focused reference. The book defines terms unique to English legal history, which aids comprehension. For those interested in the development of common law, this primer provides a clear framework, though the full scope of later periods is not evident from the excerpts.