Chapter

Borough Law

John Hudson

in The Oxford History of the Laws of England

Published in print March 2012 | ISBN: 9780198260301
Published online September 2012 | e-ISBN: 9780191740640 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260301.003.0030

Series: The Oxford History of the Laws of England

Borough Law

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This chapter shows the significant variety of customs between boroughs, an impression reinforced by an examination of later custumals that might suggest practice in this period. Such variety may be indicative of the type of diversity that existed unrecorded outside boroughs before being reduced by royal control. Such diversity may have co-existed with a greater similarity between borough and other law on matters such as landholding than some previous historians have allowed. There may have been significant continuities through this period. The influential English element in urban populations after 1066 may have encouraged continuity across 1066, for example in matters of landholding and in the use of the wergeld in the context of amercements. The borough law also shows features often associated with the law of a later period. The land market and in some boroughs the weakness of lordship further encouraged the proprietal nature of the rights of the landholder.

Keywords: boroughs; Angevin period; continuity; English law; land market; lordship

Chapter.  15531 words. 

Subjects: History of Law

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