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Our Legal Heritage By: S. A. Reilly |
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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... Continue reading book >>
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