Legal Definitions - lex et consuetudo regni

Lex et consuetudo regni is a Latin phrase meaning "the law and custom of the realm."

Historically, this term referred to the fundamental legal system of a kingdom, particularly in England, which was not solely based on written statutes enacted by a legislature. Instead, it encompassed both formal laws and the long-established, widely accepted customs and practices that had developed over time and were recognized as binding within the community. It is essentially another way to describe the foundational principles of what we now call common law, emphasizing that law emerged not just from royal decrees but also from the ingrained traditions and habits of the people.

• Example 1: Inheritance Practices

  Before formal laws on inheritance were fully codified, it was a widespread practice that the eldest son in a family would inherit the family estate upon his father's death. This tradition, known as primogeniture, was followed across many regions and was enforced by local courts, even without a specific royal statute mandating it.

  This tradition was a widespread custom (consuetudo) that became an accepted part of the kingdom's legal framework (lex). It wasn't necessarily a specific statute initially but evolved into a recognized legal principle based on long-standing practice, illustrating lex et consuetudo regni.

• Example 2: Market Regulations

  In a medieval town, it was customary for merchants to sell goods only during specific market hours and to use standardized weights and measures. Anyone found cheating or selling outside these hours would face community disapproval and potential penalties enforced by the local lord's court, even if there wasn't a specific royal decree outlining every detail of market conduct.

  The rules governing the market, including fair trading practices and standardized measures, were not always established by royal decree but grew out of the accepted customs (consuetudo) of the realm. These customs gained the force of law (lex) through consistent application and enforcement, embodying lex et consuetudo regni.

• Example 3: Rights of Way

  For centuries, villagers in a particular region had used a specific path across a noble's private land to access a common pasture or a local church. This right of passage was never formally granted by a written document but was simply understood and respected by successive landowners and the community, becoming an unquestioned part of local life.

  The villagers' right to use the path was a long-standing custom (consuetudo) that, through its consistent and unchallenged use over generations, acquired the status of an unwritten law (lex) within that part of the kingdom. This customary right, recognized and upheld by local authorities, exemplifies lex et consuetudo regni.