Written in about 602, the Law of Æthelberht (Athelbert of Kent) is the oldest example of Anglo-Saxon law,[4] or of law in any Germanic language. Anglo-Saxon law was based on Ancient Germanic law which was a system of laws based on kinship.[5] The kinship group was responsible for the acts of their members as well as for their protection. Wrongs against another were paid by Weregild, a value placed on every person and piece of property.[5] By the 10th century these had changed into a system of hundreds.[5] No longer based on kinship, they organized themselves to protect others in the hundred and to enforce the laws.[5] A hundredsmann was in charge of a hundred and was responsible to see that all disputes were settled.[5]
In 1066, the Norman conquest of England brought with it many changes in the law.[6] While much of Anglo-Saxon law was kept, new laws were added over time by the Normans.[6] Before the Norman invasion, most laws in England were local laws and enforced by local courts.[7]Royal courts were introduced[7] They did not take over local laws right away, but did so over a period of time.[7] The royal courts took the best of the local laws and used them throughout England.[7] This established English common law, or a system of laws common to the entire country.[7] By this time a second court system developed known as equity and administered by the Court of Chancery.[1] Equity addressed situations not covered by common law. Examples of equity decisions include imposing a lien, correcting a property line or ordering someone to do something to prevent damage.[8]
The 18th century legal scholar, William Blackstone, wrote a four-volume Commentaries on the Laws of England which for the first time provided a complete overview of English law.[9] Originally published 1765–1769, it has since been republished many times.[9] Used well into the 19th century, his Commentaries were the main instruction tool in learning the law in both England and America.[9]Abraham Lincoln read Blackstone's Commentaries as part of teaching himself the law.[10]
The jury system
The jury system probably came to England just after the Norman conquest.[11] At first, jurors acted as witnesses in court. But over time, certainly by the reign of Henry II of England, they became the trier of fact in a court case.[11] Juries began to deliberate the evidence provided by the parties in a dispute. Over time, jurors were told less and less about a case before a trial and learned what they needed to make a decision in court.[11]
↑"The Commentaries on the Laws of England". The Law Library of Queens County, 11th Judicial District, Supreme Court. New York State Unified Court System. Archived from the original on 2 June 2010. Retrieved 6 October 2016.