Consuetudinary Law

Customary or traditional law. CONSUETUDINES FEUDORUM (Lat. feudal customs). A compilation of the law of feuds or fiefs in Lombardy, made A. D. 1170. It is called, also, the "Book of Fiefs," and is of great and generally received authority. The compilation is said to have been ordered by Frederic Barbarossa (Ersk. Inst. 2. 3. 5), and to have been made by two Milanese lawyers (Spelman), but this is uncertain. It is commonly annexed to the Corpus Juris Civilis, and is easily accessible. See 3 Kent, Comm. (10th Ed.) 665, note; Spelman. CONSUETUDO (Lat.) A custom; an established usage, or practice. Go. Litt. 58. Tolls; duties; taxes. Id. 58b. This use of consuetudo is not correct. Custuma is the proper word to denote duties, etc. 1 Sharswood, Bl. Comm. 313, note. An action formerly lay for the recovery of customs due, which was commenced by a writ de consuetudinibus et servitiis, of customs and services. This is said by Blount to be "a writ of right close which lies against the tenant that deforceth the lord of the rent and services due him." Blount; Old Nat. Brev. 77; Fitzh. Nat. Brev. 151. There were various customs; as, consv^ tudo Anglicana, custom of England (as distinguished from lex, the Roman or civil law), consuetudo curiae, practice of a court, consuetudo mercatorum, custom of merchants. See "Custom." CONSUETUDO CONTRA RATIONEM INtroducta, potlus usurpatio quam consuetudo appellari debet. A custom introduced against reason ought rather to be called an usurpation than a custom. Co. Litt. 113.

Customary or traditional law. CONSUETUDINES FEUDORUM (Lat. feudal customs). A compilation of the law of feuds or fiefs in Lombardy, made A D. 1170. It is called, also, the Book of Fiefs, and is of great and generally received authority. The compilation is said to have been ordered by Frederic Barbarossa, Erskine, Inst. 2. 3. 5, and to have been made by two Milanese lawyers, Spelman, Gloss., but this Is uncertain. It is commonly annexed to the Corpus Juris Civilis, and is easily accessible. See 3 Kent, Comm., 10th ed. 6G5, n.; t Spelman, Gloss. CONSUETUDO (Lat.) A custom; an established usage or practice. Co. Litt. 58. Tolls; duties; taxes. Co. Litt. 58 b. This use of consuetudo is not correct: custuma is the proper word to denote duties, etc. 1 Shars. Bla. Com. 313, n. An action formerly lay for the recovery of customs due, which was commenced by a writ de consuctudinibus et scrvitiis (of customs and services). This is said by Blount to be "a writ of right close which lies against the tenant that deforceth the lord of the rent and services due him." Blount; Old Nat. Brev. 77; Fitzh. Nat. Brev. 151. There were various customs: as, consuetudo Anglicana (custom of England), consuetudo curiae (practice of a court), consuetudo mercatorum (custom of merchants). See Custom; Lex; Lex et Consuetudo Reoni Nostiu; Leges kt Consuetudixes Reg.ni.

Customary law. Law derived by oral tradition from a remote antiquity, ell.