Our Legal Heritage: The First Thousand Years: 600 - 1600 King Aethelbert - Queen Elizabeth
Edition facts
S. A. Reilly's Our Legal Heritage is a primer that traces English law from King Aethelbert's code to the Elizabethan era. The author, an attorney, structures each chapter into three distinct sections: The Times, The Law, and Judicial Procedure. This framework allows readers to see how legal doctrines emerged from specific historical circumstances. The preface states the book aims to identify laws that have proven successful over time, and it explicitly omits conventional historical topics like battles and famines, focusing instead on legal developments.
A Deliberate Structure for Legal History
The book's tripartite chapter structure is a deliberate pedagogical choice. Each chapter opens with The Times, which provides context for the laws that follow. The Law section is described as the central part, covering statutory and common law that either persists or forms a building block for modern law. The final section, Judicial Procedure, explains how laws were applied and includes case examples. This consistent organization helps readers compare legal evolution across centuries. For instance, the excerpt from Edward I's reign shows how statutes addressed specific grievances, such as protecting free elections and limiting fines. The author also converts monetary amounts to shillings and pence for clarity, a small but telling detail that prioritizes accessibility.
Economic Regulation and Social Control
The excerpts reveal a strong emphasis on economic regulation as part of legal heritage. Under Edward III, the staple system taxed wool exports through designated ports, with a hierarchy of officials including collectors and crane-keepers. The law also encouraged Flemish weavers to teach English cloth-making, leading to a capitalist manufacturing system in rural areas. The author details the fulling process, noting how water-powered hammers replaced foot trampling. These passages show that legal history here encompasses not just statutes but also the economic structures they enabled. The law sections include specific rules: no interest on loans, protection of ploughing cattle, and restrictions on fishing young salmon. Such details ground the narrative in concrete governance.
The Language of Statutes and Their Interpretation
Reilly frequently quotes or paraphrases statutes, giving readers direct access to legal language. For example, a statute from Edward I's reign states: "No man by force of arms, malice or menacing shall disturb anyone in making free election." The author then explains the context: sheriffs, coroners, and conservators of the peace were elected by freeholders. Another passage details rules on marriage of heirs, specifying ages and penalties. The language is precise: a guardian who marries off an heir over 14 without consent pays double the marriage value. The author does not interpret these laws broadly but lets the text speak, occasionally noting when terms are unknown or inexact, as with King Aethelbert's code. This restraint keeps the focus on the primary sources.
Readers should note that the book is organized sequentially by reign, making it easy to follow legal changes over time. The author's decision to omit battles and famines means the narrative is tightly focused on legal institutions. For those new to English legal history, the glossary-like definitions of terms such as "socage" and "waynage" are helpful. The excerpts suggest that the book is best used as a reference for specific periods or doctrines rather than a continuous narrative.