Leges Edwardi Confessoris
Encyclopedia
The title Leges Edwardi Confessoris "Laws of Edward the Confessor" refers to an early twelfth-century English collection of 39 laws (c. 1140).
summoned twelve learned English noblemen from every shire to declare, under oath, the laws and customs of the nation in the time of King Edward the Confessor
. No such event is known to have occurred. The anonymous author purports to record the Laga Eadwardi, or laws promulgated by King Edward, but Anglo-Saxon laws were last codified in Cnut
's day. In fact, he does not display any first-hand knowledge of Anglo-Saxon law, which is neither cited or given in summary (unlike for instance, the Leges Henrici primi
).
The value of the compilation for our understanding of English law, both before and after the Conquest, needs to be sought elsewhere. The most recent editor, Bruce O'Brien, argues that what the work offers instead are "apparently original observations of and comments on the English law of the author's day." The primary concerns of the text lay with the king's peace and the peace of the Holy Church, especially in the North Midlands and Yorkshire region bordering on the Danelaw
. Although the emphasis is on common law, the same text shows that there were regional differences.
Article 12 presents a number of specific situations under which the king’s protection or peace (mund in Old English codes) could be established:
Other points of interest include references to the wapentake, the reeve
of the riding
, Peter's Pence
, murder fines (murdrum), consciousness about England’s Saxon
heritage, and the legal position of Jews in England.
A version of the Leges Edwardi Confessoris was known to Henry de Bracton
and to the barons and jurists responsible for the Magna Carta
.
Secondary sources:
Historical value
The text’s own promises are both false and misleading. The prelude spuriously asserts that four years after the Conquest (1070), King WilliamWilliam I of England
William I , also known as William the Conqueror , was the first Norman King of England from Christmas 1066 until his death. He was also Duke of Normandy from 3 July 1035 until his death, under the name William II...
summoned twelve learned English noblemen from every shire to declare, under oath, the laws and customs of the nation in the time of King Edward the Confessor
Edward the Confessor
Edward the Confessor also known as St. Edward the Confessor , son of Æthelred the Unready and Emma of Normandy, was one of the last Anglo-Saxon kings of England and is usually regarded as the last king of the House of Wessex, ruling from 1042 to 1066....
. No such event is known to have occurred. The anonymous author purports to record the Laga Eadwardi, or laws promulgated by King Edward, but Anglo-Saxon laws were last codified in Cnut
Canute the Great
Cnut the Great , also known as Canute, was a king of Denmark, England, Norway and parts of Sweden. Though after the death of his heirs within a decade of his own and the Norman conquest of England in 1066, his legacy was largely lost to history, historian Norman F...
's day. In fact, he does not display any first-hand knowledge of Anglo-Saxon law, which is neither cited or given in summary (unlike for instance, the Leges Henrici primi
Leges Henrici Primi
The Leges Henrici Primi or Laws of Henry I is a legal treatise, written in about 1115, that records the legal customs of medieval England in the reign of King Henry I of England. Although it is not an official document, it was written by someone apparently associated with the royal administration...
).
The value of the compilation for our understanding of English law, both before and after the Conquest, needs to be sought elsewhere. The most recent editor, Bruce O'Brien, argues that what the work offers instead are "apparently original observations of and comments on the English law of the author's day." The primary concerns of the text lay with the king's peace and the peace of the Holy Church, especially in the North Midlands and Yorkshire region bordering on the Danelaw
Danelaw
The Danelaw, as recorded in the Anglo-Saxon Chronicle , is a historical name given to the part of England in which the laws of the "Danes" held sway and dominated those of the Anglo-Saxons. It is contrasted with "West Saxon law" and "Mercian law". The term has been extended by modern historians to...
. Although the emphasis is on common law, the same text shows that there were regional differences.
Article 12 presents a number of specific situations under which the king’s protection or peace (mund in Old English codes) could be established:
- [12] Pax regia multiplex est; alia data manu sua, quam Angli uocant kinges hand salde grid; [12a] alia die qua primum corontaus est, ipsa habet viii dies; in Natali Domini viii dies et octo dies Pasche et octo Pentecostes; [12b] alia per breue suum data; [12c] alia quam habent iiii chemini, id est Watlingestrete, Fosse, Hykenildstrete, Erningstrete, quorum duo in longitudinem regni, alii uero in latitudinem distenduntur.
- “[12] There are many types of the king's peace; one is given by his hand, which the English call kinges hand salde grid; [12a] another [is given] on the day on which he is first crowned — this one lasts for eight days; at Christmas eight days and eight days at Easter and eight days at Pentecost; [12b] another is given by his writ; [12c] another which the four roads have, that is Watling Street, Fosse Way, Iknield Way, and Ermine Street, of which two extend for the length of the kingdom, the others across the width.”
Other points of interest include references to the wapentake, the reeve
Reeve (England)
Originally in Anglo-Saxon England the reeve was a senior official with local responsibilities under the Crown e.g. as the chief magistrate of a town or district...
of the riding
Equestrianism
Equestrianism more often known as riding, horseback riding or horse riding refers to the skill of riding, driving, or vaulting with horses...
, Peter's Pence
Peter's Pence
Peter's Pence is payment made more or less voluntarily to the Roman Catholic Church. It began under the Saxons in England and is seen in other countries. Though formally discontinued in England at the time of the Reformation, a post-Reformation payment of uncertain characteristics is seen in some...
, murder fines (murdrum), consciousness about England’s Saxon
Saxons
The Saxons were a confederation of Germanic tribes originating on the North German plain. The Saxons earliest known area of settlement is Northern Albingia, an area approximately that of modern Holstein...
heritage, and the legal position of Jews in England.
Influence
Aided by the Confessor’s legendary status as lawgiver, the compilation enjoyed considerable interest in medieval England. The text is found in a large number of manuscripts. Four recensions have been distinguished, two of which are revisions with additional material being grafted on to the core of the text.A version of the Leges Edwardi Confessoris was known to Henry de Bracton
Henry de Bracton
Henry of Bracton, also Henry de Bracton, also Henrici Bracton, or Henry Bratton also Henry Bretton was an English jurist....
and to the barons and jurists responsible for the Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
.
Further reading
Primary sources- Liebermann, Felix (ed.). Die Gesetze der Angelsachsen. 3 vols: vol 1. Halle, 1898-1916. 627-72.
- Liebermann, Felix (tr.). Eine anglonormannische Übersetzung des 12. Jahrhunderts von Articuli Wilhelemi, Leges Eadwardi und Genealogia Normannorum. 1895.
- Lambarde, William (ed.). Archaionomia. London, 1568.
Secondary sources:
- Barlow, Frank. Edward the Confessor. London, 1970.
- Liebermann, Felix (ed.). Über die Leges Edwardi confessoris. Halle, 1896. Available from The Making of Modern Law (Gale, subscription required).
- Wormald, Patrick. The Making of Anglo-Saxon Law. King Alfred to the Norman Conquest. Vol 1. Legislation and Its Limits. Oxford, 1999. 409-11.