OUR LEGAL HERITAGE
The first thousand years: 600 - 1600
King AEthelbert - Queen Elizabeth
2nd Edition
By
S. A. Reilly, Attorney
175 E. Delaware Place
Chicago, Illinois 60611-1724
1999
Preface
This was written to see what laws have been in existence for a
long time and therefore have proven their success in maintaining
a stable society. It's purpose is also to see the historical
context in which our legal doctrines were derived. It looks at
the inception of the common law system, the origin of the jury
system, the meaning in context of the Magna Carta provisions, the
emergence of attorneys, and the formation of probate law from
church origins.
This book is a primer. One may read it without prior knowledge in
history or law, although it will be more meaningful to lawyers
than to non-lawyers. Since it defines terms unique to English
legal history, it may serve as a good introduction on which to
base further reading in English legal history. The meaning of
some terms in King Aethelbert's code in Chapter 1 are unknown or
inexact.
The chapters are sequential. The title of each chapter in the
Table of Contents includes the time period covered. The title of
each chapter denotes an important legal development of that time
period.
Each chapter is divided into three sections: The Times, The Law,
and Judicial Procedure. The law section is the central section.
It describes the law governing the behavior and conduct of the
populace. It includes law of that time by which people lived
which is the same, similar, or a building block to the law of
today. In earlier times this is both statutory law and the common
law of the court. The Magna Carta, which is quoted in Chapter 7,
is the first statute of the Statutes at Large. The law sections
of Chapter 7 - 13 mainly quote or paraphrase most of these
statutes or the Statutes of the Realm. Excluded are statutes
which do not help us understand the development of our law, such
as statutes governing Wales after its conquest and statutes on
succession rights to the throne.
The first section of each chapter: The Times, sets a background
and context in which to better understand the laws. The usual
subject matter of history such as battles, famines, periods of
corruption, and international relations are omitted as not
helping to understand the process of civilization and development
of the law in the nation of England.
The last section of each chapter: Judicial Procedure, describes
the process of applying the law and trying cases for the
relevant time period. It also contains some examples of cases.
For clarity and easy comparison, amounts of money expressed in
pounds or marks have been converted to the smaller denominations
of shillings and pence. There are twenty shillings in a pound. A
mark in silver is two thirds of a pound.
The sources and reference books from which information was
obtained are listed in the bibliography instead of being
contained in tedious footnotes.
Dedication
A Vassar College faculty member once dedicated her book to her
students, but for whom it would have been written much earlier.
This book "Our Legal Heritage" is dedicated to the faculty of
Vassar College, without whom it would never have been written.
Table of Contents
Chapters:
1. Tort law as the first written law: to 600
2. Oaths and perjury: 600-900
3. Marriage law: 900-1066
4. Martial "law": 1066-1100
5. Criminal law and prosecution: 1100-1154
6. Common Law for all freemen: 1154-1215
7. Magna Carta: the first statute: 1215-1272
8. Land law: 1272-1348
9. Legislating the economy: 1348-1399
10. Equity from Chancery Court: 1400-1485
11. Use-trust of land: 1485-1509
12. Wills and testaments of lands and goods: 1509-1558.
13. Consideration and contract Law: 1558-1604
14. Epilogue: from 1604
Appendix: Sovereigns of England
Bibliography
Chapter 1
The Times: before 600
Clans, headed by Kings, lived in huts on top of hills or other
high places and fortified by circular or rectangular earth
ditches and banks behind which they could gather with their
herds for protection. At the entrances were several openings
only one of which really allowed entry. The others went between
banks into dead ends and served as traps in which to kill the
enemy from above. Concentric circles of ditches around these
fortified camps could reach to 14 acres. The people lived in
circular huts with wood posts in a circle supporting a roof. The
walls were made of saplings, and a mixture of mud and straw.
Sometimes there were stalls for cattle. Cooking was in a clay
oven inside or over an open fire on the outside. Forests
abounded with wolves, bears, wild boars, and wild cattle.
People wore animal skins over their bodies for warmth and around
their feet for protection when walking. They carried small items
by hooking them onto their belts.
Pathways extended through this camp of huts and for many miles
beyond. They were used for trade and transport with pack horses.
Men bought or captured women for wives and carried them over the
thresholds of their huts. The first month of marriage was called
the honeymoon because the couple was given mead, a drink with
fermented honey and herbs, for the first month of their
marriage. A wife wore a gold wedding band on the ring finger of
her left hand to show that she was married. Women wore other
jewelry too, which indicated their social rank.
Women usually stayed at home caring for children, preparing
meals, and making baskets. They also made wool felt and spun and
wove wool into cloth. Flax was grown and woven into linen cloth.
The weaving was done on an upright or warp- weighted loom. People
draped the cloth around their bodies and fastened it with a
metal brooch inlayed with gold, gems, glass, and shell, which
were glued on with glue that was obtained from melting animal
hooves. They also had amber beads and pendants. They could tie
things with rawhide strips or rope braids they made. They cut
things with flint dug up from pits. On the coast, they made bone
harpoons for deep sea fish.
The King, who was tall and strong, led his men in hunting groups
to kill deer and other wild animals in the forests and to fish
in the streams. Some men brought their hunting dogs on leashes
to follow scent trails to the animal. The men attacked the
animals with spears and threw stones. They used shields to
protect their bodies. They watched the phases of the moon and
learned to predict when it would be full and give the most light
for night hunting. This began the concept of a month.
If hunting groups from two clans tried to follow the same deer,
there might be a fight between the clans or a blood feud. After
the battle, the clan would bring back its dead and wounded. A
priest officiated over a funeral for a dead man. His wife would
often also go on the funeral pyre with him. Memorial burial
mounds would be erected over the corpses or cremated ashes of
their great men. Later, these ashes were first placed in urns
before burial in a mound of earth or the corpses were buried
with a few personal items.
The priest also officiated over sacrifices of humans, who were
usually offenders found guilty of transgressions. Sacrifices
were usually made in time of war or pestilence, and usually
before the winter made food scarce, at Halloween time. Humans
were sometimes eaten.
The clan ate deer that had been cooked on a spit over a fire, and
fruits and vegetables which had been gathered by the women. They
drank water from springs. In the spring, food was plentiful.
There were eggs of different colors in nests and many rabbits to
eat. The goddess Easter was celebrated at this time.
After this hunting and gathering era, there was farming and
domestication of animals such as horses, pigs, sheep, goats,
chicken, and cattle. Of these, the pig was the most important
meat supply, being killed and salted for winter use. Next in
importance were the cattle. Sheep were kept primarily for their
wool. Flocks and herds were taken to pastures. The male cattle,
with wood yokes, pulled ploughs in the fields of barley and
wheat. The female goat and cow provided milk, butter, and
cheese. The chickens provided eggs. The hoe, spade, and grinding