Contents
The work is not a law code issued by King Henry, but a compilation of already extant legislation that was still current during his reign. It is not a comprehensive listing of all laws that were in force during the early 11th century. It begins with Henry's Charter of Liberties, which he issued after his coronation, and this is the only actual legal document reproduced in the Leges. Some discussions of juridicial matters then follow, then a long treatment of ecclesiastical issues. The rest of the treatise is concerned with non-ecclesiastical subjects, including cases of injury, theft, murder, and feuds. Procedural topics are included, such as how summonses to court should be formed, what notices need to be made before judicial procedures, how adjournments should be handled, and other such concerns. There is no strong organizational framework to the entirety of the Leges, which leads the author to repeat subjects as well as treating some subjects less than adequately.
The law code recognised the difference between the laws of the Danelaw, the old Kingdom of Mercia, and the lands of the Kingdom of Wessex. It also set out a list of legal proceedings that could only be tried before the king or his officials, the cases of which were known as "royal pleas" or "pleas of the crown"; they included serious crimes such as treason, murder, rape, robbery, arson, and some types of theft. Treasure trove and salvage from wrecks were also matters of interest to the crown. Other royal cases involved counterfeiters or false judgement, or violent acts against the king himself or his household and servants. The king also reserved the right to hear appeals from other courts conducted by local authorities or by his nobles. The tract also set out who should attend the shire court, ruling that the local bishop and earl, as well as the sheriff and local barons, among others, should attend.
The work assumes that the royal legal system would still address some issues that later would have been dealt with by ecclesiastical courts. Clergy are not only to take part in the shire court, but could be summoned to answer charges in the court. It also sets out the various courts that were established and their jurisdiction. It takes for granted that the Anglo-Saxon laws of England are still in effect. It also addresses the administration of forest law under Henry I. Another new concern in the Leges is law covering the roadways and highways.
Another area covered by the work is royal finance, with the Leges setting out the rate of Danegeld, at a rate of one shilling per hide. It also covers judicial fines, setting forth a fine of 46 marks as the penalty for committing murder. The author of the work criticised the royal justices, calling them greedy. It sets out elaborate procedures for the conduct of murder cases, or murdum.
The Leges also devoted some effort to the theory of the law, and attempted to make generalisations about legal procedures and practices. It also contains a number of dicta which became cliches, such as "who unknowingly offends will knowingly amend" and "witness is not needed as to what did not occur, but as to what an accused claims did occur".
Read more about this topic: Leges Henrici Primi
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