Bad Customs, Civic Ordinances, and “Customary Time” in Medieval and Early Modern English Urban Law

This article examines 45 preambles in collections of urban customary law (called custumals) from 32 premodern towns in England between the twelfth and sixteenth centuries. Urban custom was the local law of English towns, and constituted traditions and privileges that gained legal force over time. Ho...

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Bibliographic Details
Published inHistorical reflections Vol. 47; no. 3; pp. 39 - 58
Main Author Cuenca, Esther Liberman
Format Journal Article
LanguageEnglish
Published Waterloo Berghahn Books, Inc 01.12.2021
Subjects
Autonomy
Corruption
Customary law
Early modern period
Evidence (Law)
Law
Legislators
Legitimacy
Social life & customs
Traditions
Trespassing
France
United Kingdom
Ireland
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Summary:This article examines 45 preambles in collections of urban customary law (called custumals) from 32 premodern towns in England between the twelfth and sixteenth centuries. Urban custom was the local law of English towns, and constituted traditions and privileges that gained legal force over time. How lawmakers conceived of “bad” custom—that is, the desuetude or corruption of custom—was crucial to the intellectual framework of urban law. Evidence from preambles shows that lawmakers rooted the legitimacy of their laws in “customary time,” which was the period from the supposed origins of their customs to their formalization in text. Lawmakers’ efforts to reinforce, ratify, and revise urban customs by making new custumals and passing ordinances were attempts to broaden their autonomy and respond to the possibility of “bad” custom.
ISSN:0315-7997
1939-2419
DOI:10.3167/hrrh.2021.470304