Difference between revisions of "Customs"

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* continuously held since "time immemorial"
 
* continuously held since "time immemorial"
  
'''Time immemorial''', ''per se'', meant a time antedating any legal history.  However, for clarity, this was taken by reference to a particular voyage of the [[King]] of [[England]] to [[France]].  In 1275/6, again to avoid compication, this was finally fixed to have been at the beginning of the reign of [[Richard I]] in 1189.
+
'''Time immemorial''', ''per se'', meant a time antedating any legal history.  However, for clarity, this was taken by reference to a particular voyage of the [[King]] of [[England]] to [[France]].  In 1275/6, again to avoid complication, this was finally fixed to have been at the beginning of the reign of [[Richard I]] in 1189.
  
 
This had the additional effect that a claimed custom could thereafter be defeated simply by showing that its exercise would hve been impossible at that time -- for example a claimed customary right of grazing on land which, on enquiry, proved to have been underwater at or since 1189.
 
This had the additional effect that a claimed custom could thereafter be defeated simply by showing that its exercise would hve been impossible at that time -- for example a claimed customary right of grazing on land which, on enquiry, proved to have been underwater at or since 1189.
 +
 
== Customs (tax)==
 
== Customs (tax)==
 
A '''custom''' is a levy or duty applied on something.  
 
A '''custom''' is a levy or duty applied on something.  

Revision as of 20:24, 1 April 2005

Customs (law)

Many areas in Europe had their own habitual behaviours and expectations of each other. However, to be a source of natural law, a local custom had to meet certain criteria.

It had to be

  • clear, certain, and consistent
  • reasonable
  • obligatory and exercised as of right
  • geographically local
  • in conformity with any applicable statutes (otherwise these overrode the custom)
  • continuously held since "time immemorial"

Time immemorial, per se, meant a time antedating any legal history. However, for clarity, this was taken by reference to a particular voyage of the King of England to France. In 1275/6, again to avoid complication, this was finally fixed to have been at the beginning of the reign of Richard I in 1189.

This had the additional effect that a claimed custom could thereafter be defeated simply by showing that its exercise would hve been impossible at that time -- for example a claimed customary right of grazing on land which, on enquiry, proved to have been underwater at or since 1189.

Customs (tax)

A custom is a levy or duty applied on something.

Quoting from Easton's 1897 Bible Dictionary

[a custom is] a tax imposed by the Romans. The tax-gatherers were
termed publicans (q.v.), who had their stations at the gates of cities,
and in the public highways, and at the place set apart for that
purpose, called the "receipt of custom" (Matt.9: 9; Mark 2:14),
where they collected the money that was to be paid on certain
goods (Matt.17:25). These publicans were tempted to exact more
from the people than was lawful, and were, in consequence of
their extortions, objects of great hatred. The Pharisees would
have no intercourse with them (Matt.5:46, 47; 9:10, 11).
A tax or tribute (q.v.) of half a shekel was annually paid by
every adult Jew for the temple. It had to be paid in Jewish coin
(Matt. 22:17-19; Mark 12:14, 15). Money-changers (q.v.) were
necessary, to enable the Jews who came up to Jerusalem at the
feasts to exchange their foreign coin for Jewish money; but as
it was forbidden by the law to carry on such a traffic for
emolument (Deut. 23:19, 20), our Lord drove them from the temple
(Matt. 21:12: Mark 11:15).

SCA customs

The SCA has various customary behaviours that are not always explicitly written into law.

Customs

Manners

Duty