Legal Definitions - leges et consuetudines regni

Leges et Consuetudines Regni (Latin for "laws and customs of the kingdom") is a historical legal term that refers to the body of unwritten legal principles, traditions, and judicial precedents that formed the common law in England. It encompassed the established practices, societal norms, and judicial decisions that were recognized and enforced throughout the realm, rather than laws enacted by a legislative body.

This phrase was the accepted way to describe the common law from at least the late 12th century, highlighting its foundation in long-standing customs and the accumulated wisdom of judicial rulings, which together provided a consistent legal framework across the kingdom.

• Example 1: Inheritance of Land

  Imagine a scenario in 13th-century England where a wealthy landowner dies without a written will, and there is a dispute between his two sons over who should inherit his primary estate. There is no specific statute passed by a parliament dictating the rules of inheritance for this situation.

  In this case, a court would refer to the leges et consuetudines regni. This would involve applying the long-established custom of primogeniture (inheritance by the eldest son) and considering previous judicial decisions in similar inheritance disputes across the kingdom. The court's ruling would not be based on a new law, but on the recognition and enforcement of these deep-rooted customs and precedents that constituted the common law.

• Example 2: Rights to a Public Market

  Consider a medieval town that has, for several centuries, held a weekly market in its central square. A new local lord, seeking to assert more control, attempts to ban the market, claiming the town has no formal written charter explicitly granting this right.

  The townspeople could argue that the right to hold the market is part of the leges et consuetudines regni. The continuous, undisputed operation of the market over generations, its acceptance by previous authorities, and the general understanding that such markets were a customary right in many towns, would be presented as evidence of an established custom with legal force, even without a specific document. The courts would recognize this long-standing custom as part of the kingdom's law.

• Example 3: Resolution of Local Disputes

  In a 12th-century English village, two farmers have a disagreement over the boundaries of their fields, leading to a dispute about whose livestock can graze on a particular strip of land. There are no detailed land registration documents or specific royal decrees addressing this particular boundary.

  The local manor court, or a royal judge traveling on circuit, would resolve this by applying the leges et consuetudines regni. This would involve examining local customs regarding land boundaries, common grazing rights, and the established practices of land tenure that had developed over time and were generally accepted throughout the kingdom. The decision would be based on these unwritten, yet recognized, legal traditions rather than a codified set of rules.