Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition
Edition facts
This work by attorney S. A. Reilly is structured as a primer, explicitly intended for readers without prior knowledge of history or law. Each chapter is divided into three fixed sections: 'The Times,' 'The Law,' and 'Judicial Procedure.' The author states that battles, wars, and royal intrigues are omitted as not helping to understand 'the process of civilization and development of the law.' Instead, the narrative emphasizes standard practices and gradual change, such as the slow acceptance of the scientific revolution or the vacillation between pagan and Christian belief.
The preface frames the book as a tool to appreciate laws that have 'proven their success in maintaining a stable society.' The scope spans from King AEthelbert's code (circa 600 A.D.) to the American Declaration of Independence in 1776, with each chapter's title denoting a key legal development of its period.
A Fixed Tripartite Structure Across Centuries
The book's organizational scheme is remarkably consistent: every chapter contains exactly three sections—'The Times,' 'The Law,' and 'Judicial Procedure.' This repetition creates a predictable rhythm, allowing the reader to compare legal contexts across centuries. The 'Times' section provides background without the usual historical subjects of battles or royal intrigues; instead, it describes standard practices and acknowledges local variations. The author notes that change 'did not come abruptly, but with vacillations,' as seen in the shift from pagan to Christian belief or the allowance of loans for interest.
In later chapters (7–18), the 'Law' sections primarily quote or paraphrase almost all statutes, excluding those that do not illuminate the development of law. This method gives the book a documentary quality, letting primary sources speak directly. The 'Judicial Procedure' sections trace the evolution of courts and legal processes, from early Anglo-Saxon moots to the common law system praised for not being 'handed down by an absolutist king.'
Voice and Attitude: The Attorney as Narrator
The authorial voice is that of a practicing attorney, evident in the preface's note that the book 'will be more meaningful to attorneys than to others.' The prose is direct and instructional, defining terms unique to English legal history. Yet the narrator occasionally adopts a wry, evaluative tone. For example, when describing Henry VIII, the text states: 'Henry VIII was egotistical, arrogant, and self-indulgent. This nature allowed him to declare himself the head of the church of England instead of the pope.' The summary of Henry's wives—'annulled, beheaded, died; annulled, beheaded, survived'—is delivered with clinical brevity.
The narrator also includes sharp observations about Christian theologians, who 'will pluck four or five words out from different places, even falsifying the sense of them if necessary,' and notes that 'our attorneys are often jealous of them.' Such asides reveal a skeptical, pragmatic legal mind at work, one that values reason and precedent over dogma.
Pace and Emphasis: From Ancient Codes to Tudor Politics
The pace of the book is uneven, reflecting the uneven survival of legal records. Early chapters on King AEthelbert's code acknowledge that 'the meaning of some terms... are unknown or inexact,' and the narrative moves quickly through centuries where evidence is sparse. In contrast, the Tudor period receives extended treatment, with detailed accounts of figures like Thomas Wolsey. The description of Wolsey's rise—from 'son of a town grazier and butcher' to Chancellor and Archbishop of York—unfolds over several paragraphs, including his reforms, his control of courts, and his eventual fall after failing to secure Henry's annulment.
This shift in pace mirrors the increasing complexity of legal institutions. The book slows down to examine statutes in full, especially Magna Carta, which is quoted in Chapter 7 and described as 'the first statute of England.' The reader moves from sparse, fragmentary codes to dense statutory analysis, a change that underscores the growing documentary record of English law.
Readers should approach this book as a reference work that prioritizes legal continuity over narrative drama. The tripartite chapter structure invites comparison across eras, and the author's attorney perspective offers a distinctive lens on legal development. Because the book is a primer, it defines terms and assumes no prior knowledge, but its pace quickens where statutes are quoted extensively. For those interested in the origins of common law, the jury system, or the historical context of Magna Carta, this work provides a structured entry point—one that deliberately sets aside battles and royal intrigue to focus on the law itself.