The antiquity of a custom is to be less regarded than its reasonableness.

Explanation

(English-origin maxim.) A custom's validity rests on its reasonableness, not merely its age — even an ancient custom may be struck down if it is unreasonable, and a newer custom sustained if it is sound.

Where this applies

• An ancient custom allows a lord to collect tolls from anyone passing through the village, but the court strikes it down because the toll has no reasonable basis in modern law.
• A centuries-old rule excludes certain families from using a common well, but a court holds that age alone does not justify a custom that is plainly unreasonable.
• A guild invokes a medieval bylaw to bar newcomers from practicing a trade, but the court rules the custom's longevity cannot save it when it serves no rational purpose.