Join Date: Nov 2001
Location: Watching Top Chef, eating Top Ramen
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It is a misconception that common law is based on Christianity. And it seems it has been for a long time.
Thomas Jefferson, elaborated about the history of common law in his letter to Thomas Cooper on February 10, 1814:
"For we know that the common law is that system of law which was introduced by the Saxons on their settlement in England, and altered from time to time by proper legislative authority from that time to the date of Magna Charta, which terminates the period of the common law. . . This settlement took place about the middle of the fifth century. But Christianity was not introduced till the seventh century; the conversion of the first christian king of the Heptarchy having taken place about the year 598, and that of the last about 686. Here then, was a space of two hundred years, during which the common law was in existence, and Christianity no part of it."
". . . if any one chooses to build a doctrine on any law of that period, supposed to have been lost, it is incumbent on him to prove it to have existed, and what were its contents. These were so far alterations of the common law, and became themselves a part of it. But none of these adopt Christianity as a part of the common law. If, therefore, from the settlement of the Saxons to the introduction of Christianity among them, that system of religion could not be a part of the common law, because they were not yet Christians, and if, having their laws from that period to the close of the common law, we are all able to find among them no such act of adoption, we may safely affirm (though contradicted by all the judges and writers on earth) that Christianity neither is, nor ever was a part of the common law."
Note to admins: These letters are out of copywrite and in the public domain.