Lex and consuetudo in English lawsuits from the Conquest to Glanvill


in Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
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Medieval people wrote and copied numerous law books, custumals and borough charters, which, however, were seldom quoted or even referred to in the law courts. Many legal historians have remarked on this phenomenon in general terms, but the present author has systematically looked for such references in English lawsuits of Norman and Angevin times. He found a number of cases where local or national customary law was mentioned, and others where specific enactments were followed. In a case of 1088 a well-known canon law book was quoted by one party in support of his claim. Laws and customs were, however, seldom specifically invoked. The author discusses the meaning of such terms as Anglica lex, leges regni, jus militare, jus feodi and patriae consuetudo and finally looks at the impact of royal legislation on ancient custom.


Lex and consuetudo in English lawsuits from the Conquest to Glanvill


in Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

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References

11

Ed. Liebermann I p. 627–672.

12

Ed. L.J. Downer Oxford 1972. See on these three compilations Wormald The making of English law (supra n. 5) Oxford 1999 p. 408–415.

19

R.C. van CaenegemRoyal writs (supra n. 9) p. 330–335.

21

T.F.T. PlucknettA concise history of the Common LawLondon 1956 p. 235. The position of Merton remained the rule in England until 1926 when the canon law – at last – prevailed (G.O. Sayles The King’s Parliament of England London 1975 p. 39–40).

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