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Bertolet uses examples from the works of Chaucer, Gower and Hoccleve, relates them to documentary evidence found in London custumals and court records, and interprets them within the framework of the sociological theories of Pierre Bourdieu.
This may explain why legal 'custumals' of the period included instructions for proceeding in sessions of the peace alongside those in the county assizes.
(10) There were many local custumals (often called books of precedents) that outlined the process: for example, BL Lansdowne MS 569, 'Customs of Courts', ff 2-20.
Bateson gathered sufficient instances of such laws to persuade us that they remained of importance in later medieval society, for similar regulations are found in the fifteenth-century borough custumals from Dover and Northampton.(15) The right of free alienation was a harsh rule; it was desirable that it be circumscribed by giving the heir or kin a first option on the property.
.".(9) The late twelfth-century custumal from Northampton gave this a slightly more developed expression:
Such rules are found both before and after the Black Death, as in the fifteenth-century custumal from Dover:
In the Leges Henrici Primi, we read that if a landowner "in mortal need or in his illness or poverty" is not succoured by his son or relative (in the sense of next of kin) but is aided by another relative or stranger, then he could adopt his helper as his "son".(13) The Tewkesbury custumal (dating from before 1183) held that:
Similar practices are found at Kingsthorpe, Northants, in a custumal of 1484:
(64) This custom had been of long standing: see custumals of the Manors of Laughton, Willingdon and Goring, ed.
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