Laws of Edward

the Elder

Overview

The Laws of Edward the Elder, enacted during the reign of Edward the Elder (899-924 CE), stand as a crucial milestone in the legal development of Anglo-Saxon England. These legal codes, comprise of comprehensive sets of regulations and principles, playing a significant role in shaping the social, political, and legal landscape of the period. By examining the Laws of Edward the Elder, scholars gain valuable insights into the evolving nature of governance and the legal system in early medieval England.

Historical Background

The historical context in which these laws were established is essential for understanding their significance. Edward the Elder, son of Alfred the Great, inherited a kingdom fragmented by tribal divisions and Viking invasions. His reign was marked by persistent conflict and the need to assert and consolidate royal authority. The promulgation of the Laws of Edward the Elder was a strategic move to strengthen central governance and establish a cohesive legal framework.

Preceding legal codes, such as the Laws of Ine and the Laws of Alfred the Great, provided foundations for the Laws of Edward the Elder. These earlier codes sought to address issues of justice, social order, and the protection of individual rights within the context of a changing society. The Laws of Edward the Elder built upon and expanded these earlier legal principles, demonstrating a conscious effort to adapt and refine the legal system to meet the evolving needs of the Anglo-Saxon kingdom.

The content of the Laws of Edward the Elder reflects a structured and comprehensive approach to lawmaking. The code covers a wide range of topics, including criminal offenses, property rights, inheritance, and the regulation of trade and commerce. Its organization and meticulous attention to detail demonstrate a deliberate attempt to provide clarity and consistency in legal matters.

Furthermore, the Laws of Edward the Elder introduce specific punishments and enforcement mechanisms, seeking to establish a system of justice that is both equitable and effective. The penalties outlined in the code vary according to the severity of the offense, demonstrating a nuanced understanding of proportionality in punishment.

There are two sets of legal codes that were produced during Edward’s reign. The first set, known as I Edward, were created during the earlier part his reign, while the second, II Edward, was likely produced during his later reign. II Edward references the earlier set of laws and includes provisions concerning northern territories. It was not until the later years of his reign that portions Northumbria and East Anglia were under his rule.

Significance

The implications and influence of the Laws of Edward the Elder were far-reaching. From a political perspective, these laws contributed to the centralization of royal authority, consolidating power in the hands of the monarch and the emerging English state. Socially, the code introduced important reforms aimed at preserving order, protecting individual rights, and regulating societal interactions.

The impact of the Laws of Edward the Elder extend beyond the immediate historical period. These laws laid the groundwork for the transition from customary law to a more standardized legal system, which would later evolve into the common law of England. The principles and provisions set forth in the code serve as a foundation for subsequent legal developments, leaving an indelible mark on the legal traditions of the British Isles.

Laws of Edward the Elder

King Edward commands all [his] reeves: that you pronounce such legal decisions as you know to be most just and in accordance with the written laws. You shall not for any cause fail to interpret the public law; and at the same time it shall be your duty to provide that every case shall have a date fixed for its decision.

1. And my will is that every man shall have a warrantor [to his transactions] and that no one shall buy [and sell] except in a market town; but he shall have the witness of the port-reeve or of other men of credit, who can be trusted.

§1. And if anyone buys outside a market town, he shall forfeit the sum due for insubordination to the king; but the production of warrantors shall nevertheless be continued, until the point is known at which they can no longer be found.

§2. Further, we have declared that he who has to vouch [another man] to warranty, shall have trustworthy witness that he is doing so in accordance with the law; or he shall produce an oath which he who brings the accusation may place confidence in.

§3. We have similarly declared, that in cases where a man wishes to substantiate his plea of ownership, he shall produce trustworthy witness to this effect, or he shall produce such an oath — an unselected oath if he can — as the plaintiff shall be bound to accept.

§ 4. If, however, he cannot do so, then six men from the same locality in which he is resident shall be nominated to him, and he shall choose one of these six for each cow or for livestock of an equivalent value. Afterwards, if more witnesses are necessary, the number shall be increased in proportion to the value of the property [in dispute].

§ 5. We have further declared, that if there is any evil man who by way of a countercharge wishes to place another’s livestock under distraint, he shall swear an oath that he does it for no wicked end, but in accordance with public law and without fraud and guile; and in that case he in whose possession the stock has been attached, shall adopt whichever he dares to [of the following two courses]: either he shall substantiate his title to it, or he shall vouch it to warranty.

2. Further, we have declared what [penalty] he is liable to, who withholds from another his rights either in bookland or folkland. And with regard to the folkland [we have declared] that he [the plaintiff] shall appoint a day when he [the defendant] shall do him justice in the presence of the reeve.

§ 1. If, however, he [the plaintiff] does not obtain his rights either in bookland or folkland, he [the defendant] who withholds the rights shall forfeit a fine of 30 shillings to the king, and 30 shillings also on the second occasion, and on the third occasion the fine for insubordination to the king, that is 120 shillings, unless he has already desisted [from his wrong doing].

3. We have further declared, with regard to men who have been accused of perjury: if the charge has been proved, or if the oath on their behalf has collapsed, or has been overborne by more strongly supported testimony, never again shall they have the privilege of clearing themselves by oaths, but only by the ordeal.

King Edward exhorted all his councillors, when they were at Exeter, to consider how the public peace for which they were responsible could be kept better than it had been, because it seemed to him that his previous orders had not been carried out so well as they ought to have been.

§ 1. He asked which of them would devote themselves to this [work of] reformation and which of them would cooperate with him in his efforts, favouring what he favoured and condemn what he condemns, both by land and sea.

§ 2. Now his concern is that no man shall withhold from another his rights.

§ 3. If anyone does so he shall pay such compensation as has been already prescribed – on the first occasion 30 shillings, on the second the same amount, and on the third 120 shillings to the king.

2. And if the reeve does not exact it [the fine] in accordance with the law, and in the presence of men who have been assigned to him as witnesses, he shall pay 120 shillings compensation for insubordination to me.

3. If anyone is accused of theft, those who have found him a lord shall stand surety for him, that he shall clear himself from the accusation; or if he has any other friends, they may perform the same office.

§ 1. If he knows no one who will stand surety for him, those concerned may take security from his property.

§ 2. If he has neither property nor any other [means of providing] security, then he shall be kept for trial.

4. It is my will also that everyone shall have always ready on his estate men who will guide others wishing to follow up their own [cattle]; and they [who guide] shall not for any bribes whatsoever hinder them; nor shall they anywhere shield crime, nor willingly and deliberately harbour [a criminal].

5. If anyone neglects this and breaks his oath and his pledge, [an oath and pledge] which the whole nation has given, he shall pay such compensation as the written laws declare.

§ 1. If, however, he is not willing to do so, he shall forfeit the friendship of all of us, and all that he possesses.

§ 2. If anyone subsequently harbours him, he shall pay such compensation as the written laws declare of him who harbours a fugitive, if the offence is committed in our own kingdom. If the offence is committed in the eastern or northern kingdoms, compensation shall be paid in accordance with the provisions of the treaties.

6. If any man, through [being found guilty of] an accusation of stealing, forfeits his freedom and gives up his person to his lord, and his kinsmen forsake him, and he knows no one who will make legal amends for him, he shall do such servile labour as may be required, and his kinsmen shall have no right to his wergeld [if he is slain].

7. No man shall take into his service one who has been in the service of another without the permission of the latter, and until he is free of all charges from any other quarter. If any man does so, he shall pay as compensation the amount due for insubordination to me.

8. It is my will that every reeve shall hold a meeting every four weeks; and they shall see to it that every man obtains the benefit of the public law, and that every suit shall have a day assigned to it on which it shall be heard and decided. And if anyone neglects [to do] this he shall pay such compensation as we have already ordained.