We have been talking about “time immemorial” all our lives as if it were a remote past. Well it’s a specific year

You’ve heard it a thousand times. Someone is talking about a custom, a tradition, a deep-rooted habit and suddenly, to underline that idea, they pompously claim that it dates back to “immemorial times”. You, too, have probably uttered that phrase more than once. What you may not know is that “immemorial times” does not take us back to a very distant and diffuse past of which there is no written record, but to a date very specific and not so remote: the summer of 1189. That is, just under 840 years ago.

To understand it you have to travel to medieval England.

Of laws and customs. It’s easy to forget when you get a fine, but living in a world regulated by clear laws is a fortune. For example, if you believe that your neighbor has taken something that belongs to you, you know exactly what to do: find a lawyer, go to court and appeal to legislation that applies equally to everyone. In medieval England the thing was more complicated. Justice was dispensed, but in a way that would seem rudimentary to us today.

“Until 1275 law in early medieval England was constantly evolving and was based largely on the idea of ​​long usage, custom and royal decrees,” explains Amy Irvine in Histoy Hit. “The legal framework was decentralized, with no unified or systematic legal code for the entire country. Individual regions and communities had their own local courts and were governed by customary laws developed over time. These rules were often unwritten and passed down from generation to generation.”

putting order. Over time that framework evolved. An important change came with the ratification of the Magna Carta of 1215, which placed certain restrictions on royal authority. Another (key) was completed in 1275, with the Statute of Westminstera document that codified the laws in force throughout the kingdom. Throughout his 51 chapters The statute addresses issues such as criminal legislation, the rules that regulate commerce or an issue that may seem minor to us today but in its day played a fundamental role: consolidated rights.

As Irvine recalls, during the reign of Henry II (1154-1189), as the legal system consolidated, more and more people began to defend their rights, claiming legitimacy over plots or grazing areas. What arguments were they using? The custom. Often those who claimed a right relied on the fact that they had enjoyed it for a long time. The problem was how to prove it. The Statute of Westminster wanted to clarify that point with an ingenious solution, one that played with the idea of ​​’memory’.

“Immemorial” times. Basically what the statute of 1275 did was divide history into two large blocks, at least for legal purposes. What divided them? The ‘legal memory’. On the one hand, there was the vast period that came to be considered ‘time immemorial’. On the other hand, the valid ‘memory time’.

Today it may sound far-fetched to us, but it made sense in the eyes of medieval Englishmen. At that time one of the arguments usually used in property trials was oral tradition transmitted from one generation to another. That is, someone claimed a piece of land arguing that their father, grandfather, great-grandfather… claimed that they already farmed on that plot of land. The Statute of Westminster wanted to put some order in this mess, establishing a time of ‘legal memory’, a border between an oral company and another regulated in writing.

What exactly did he do? “It became the date of legal memory,” explains Russell Sandbergprofessor at Cardiff University, in statements reported by IFL. That is, he established a framework that anyone who wanted to defend that something had happened “since” time immemorial “had to adhere to.”

The change also had important advantages for English landowners, who until then had to go back several centuries, until the norman conquest of 1066, to demonstrate the validity of their property titles.

One year: 1189. The next question is obvious: What barrier separated ‘immemorial’ time from the time of legal memory? What year made the difference? The answer is 1189, the year of the coronation of King Richard I of England, better known as Richard the Lionheart. Taking into account that the Statute of Westminster dates back to 1275, this means that legal memory was limited to 86 years, a reasonable time to use the testimonies of parents and grandparents.

‘Immemorial time’ thus became limited (at least in the eyes of medieval English law) to any time prior to the summer of 1189. When exactly? It is not easy to define it. There are those who set the exact border July 6 1189, the day of Richard I’s accession to the throne after the death of Henry II. Others delay it until his coronation, September 3 of that same year.

Laws… and something more. That 1189 was chosen as the temporal border also has a symbolic reading: by choosing that date, Edward I paid tribute to his predecessors, the monarchs Henry II and Richard I, which in a way also served to reinforce his legitimacy on the throne.

The truth is that the formula worked and still today is used frequently the concept of “time immemorial”, although those who use it do not always have Richard I and medieval legislation in mind. For the RAEFor example, “immemorial” is that time “so old that there is no memory of when it began.”

Images | Andrik Langfield (Unsplash) and Wikipedia

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