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The term has been formally defined for some purposes.
The term has been formally defined for some purposes.
* In [[English law]] and its derivatives, ''time immemorial'' means the same as ''time out of mind'',<ref>Blackstone (1765) ''Commentary'' I viii 281</ref> "a time before legal history and beyond legal memory."<ref>The [[public domain]] Webster's Revised Unabridged Dictionary (1913)</ref> In 1275, by the first [[Statutes of Westminster|Statute of Westminster]], the time of memory was limited to the reign of [[Richard I of England|Richard I]] (Richard the Lionheart), beginning 6 July 1189, the date of the King's accession.<ref>[http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=1517436 Statute of Westminster, The First] (3 Edw. I cap. 5){{pn}}</ref> Since that date, proof of unbroken possession or use of any right made it unnecessary to establish the original grant under certain circumstances. In 1832, ''time immemorial'' was re-defined as "Time whereof the Memory of Man runneth not to the contrary."<ref>[http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=1030774 Prescription Act, The] (2 & 3 Will. IV cap. 71) s.1</ref> The plan of dating legal memory from a fixed time was abandoned; instead, it was held that rights which had been enjoyed for twenty years (or as against [[the Crown]] thirty years) should not be impeached merely by proving that they had not been enjoyed before (holding by [[adverse possession]]).
* In [[English law]] and its derivatives, ''time immemorial'' means the same as ''time out of mind'',<ref>Blackstone (1765) ''Commentary'' I viii 281</ref> "a time before legal history and beyond legal memory."<ref>The [[public domain]] Webster's Revised Unabridged Dictionary (1913)</ref> In 1275, by the first [[Statutes of Westminster|Statute of Westminster]], the time of memory was limited to the reign of [[Richard I of England|Richard I]] (Richard the Lionheart), beginning 6 July 1189, the date of the King's accession.<ref>[http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=1517436 Statute of Westminster, The First] (3 Edw. I cap. 5)</ref> Since that date, proof of unbroken possession or use of any right made it unnecessary to establish the original grant under certain circumstances. In 1832, ''time immemorial'' was re-defined as "Time whereof the Memory of Man runneth not to the contrary."<ref>[http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=1030774 Prescription Act, The] (2 & 3 Will. IV cap. 71) s.1</ref> The plan of dating legal memory from a fixed time was abandoned; instead, it was held that rights which had been enjoyed for twenty years (or as against [[the Crown]] thirty years) should not be impeached merely by proving that they had not been enjoyed before (holding by [[adverse possession]]).
* The [[Court of Chivalry]] is said to have defined the period before 1066 as ''time immemorial'' for the purposes of [[heraldry]].<ref>[http://college-of-arms.gov.uk/About.htm About the College of Arms] College of Arms (retrieved 24 May 2010)</ref>{{Citation needed}}
* The [[Court of Chivalry]] is said to have defined the period before 1066 as ''time immemorial'' for the purposes of [[heraldry]].<ref>[http://college-of-arms.gov.uk/About.htm About the College of Arms] College of Arms (retrieved 24 May 2010)</ref>


==See also==
==See also==

Revision as of 10:43, 23 August 2010

Time immemorial is a phrase meaning time extending beyond the reach of memory, record, or tradition, indefinitely ancient, "ancient beyond memory or record".[1] The phrase is one of the few cases in the English language where the adjective is a postmodifier—some other legal terms such as attorney general and court martial follow the pattern, largely due to the influence of Norman French.

The term has been formally defined for some purposes.

  • In English law and its derivatives, time immemorial means the same as time out of mind,[2] "a time before legal history and beyond legal memory."[3] In 1275, by the first Statute of Westminster, the time of memory was limited to the reign of Richard I (Richard the Lionheart), beginning 6 July 1189, the date of the King's accession.[4] Since that date, proof of unbroken possession or use of any right made it unnecessary to establish the original grant under certain circumstances. In 1832, time immemorial was re-defined as "Time whereof the Memory of Man runneth not to the contrary."[5] The plan of dating legal memory from a fixed time was abandoned; instead, it was held that rights which had been enjoyed for twenty years (or as against the Crown thirty years) should not be impeached merely by proving that they had not been enjoyed before (holding by adverse possession).
  • The Court of Chivalry is said to have defined the period before 1066 as time immemorial for the purposes of heraldry.[6]

See also

References

  1. ^ Oxford English Dictionary (1971 ed.), Vol. I, p. 63c
  2. ^ Blackstone (1765) Commentary I viii 281
  3. ^ The public domain Webster's Revised Unabridged Dictionary (1913)
  4. ^ Statute of Westminster, The First (3 Edw. I cap. 5)
  5. ^ Prescription Act, The (2 & 3 Will. IV cap. 71) s.1
  6. ^ About the College of Arms College of Arms (retrieved 24 May 2010)