Only after 1295 do we have a form of transfer of which this example is typical: ‘ Johannes Sweting venit et sursum reddit dominio ij acras terre jacentes juxta messuagium Asgor venit Johnannes Brid et dat domino (ijs) pro ingressa habendo sibi et heredibus suis.’ Court held on Thursday 11 June 1299. In Waltham and Easter the terms ‘ sibi et heredibus’ are not used coincidentally with the form of transfer through surrender into the lord's hands ( reddere sursum in manu domini) which becomes widely and regularly employed in the 1280s. M., The Estates of Crowland Abbey: A Study in Manorial Organization ( Cambridge, 1934) 336, 346 Google Scholar. On the Abbot of Crowland's manors of Oakington, Cottenham, and Drayton (Cambridgeshire), when the first surviving rolls begin reddere sursum terminology is in use although it is not until the early fourteenth century that the land is held by the purchaser or grantee sibi et heredibus suis. See, for instance, the 1241 court of the manor of Park (Hertfordshire) in Levett, Studies in Manorial History, supra note 21, 303 and further examples, 304, 305, 307, and 312. Worthy of our attention is Williamson's findings that on the lay manor of Gressenhall the same change took place between 10 Edward and 11 Edward I (1282–1283) in the form used to record land transfers in court, Williamson, ‘Peasant Holdings in Norfolk,’ 113.Ħ8. Williamson notes that similar changes appear to have taken place at much the same time on the prior's manors of Newton and Hindringham, both in Norfolk. thesis, Reading, 1976) 248 Google Scholar. Edmunds manors) from 1259–1265 ‘licences for land transactions were purchased by either the seller or the purchaser of the land involved … by 1273 the licence fee is invariably paid by the purchaser rather than the seller, until approximately 1282, after which date all land is surrendered into the prior's hands for the use of the purchaser or grantee.’ Williamson, J., ‘Peasant Holdings in Medieval Norfolk: A Detailed Investigation of the Holdings of the Peasantry in Three Norfolk Villages in the Thirteenth Century,’ (unpublished Ph.D. Williamson notes that on the Prior of Norwich's manor of Sedgeford in the extreme north-west of Norfolk, in the early rolls (which are suspiciously similar in vintage to those from the Abbot of Bury St. See Razi, Z., ‘ The Toronto School's Reconstitution of Medieval Peasant Society: A Critical View,’ Past and Present 85 ( 1979) 150–51 CrossRef Google Scholar.Ħ6. Of course, it should be noted that Razi was concerned to question a particular, highly dubious interpretation that has associated the decline of pledging with the loss of spirit of cooperation in the village in the second half of the fourteenth century. In another article, Beckerman's work on the growth of presentment and its implications for the decline of pledging (which the latter believes to be a concomitant of the progressive decline of personally initiated plaints as presentment became the dominant means by which business was brought into the court) is cited with approval. H., A Medieval Society: The West Midlands at the End of the Thirteenth Century ( London, 1966) Google Scholar and Razi, Zvi, ‘ Family, Land and the Village Community in Later Medieval England,’ Past and Present 93 ( 1981) 12– 14 CrossRef Google Scholar. He also notes the possibility that setting down custom in writing might incline those in authority to think of changing it.ĥ8. Thorne ( Chapel Hill, 1981) 96 Google Scholar, where he talks of the ‘quiet modification of norms’ as the good old law is continuously adjusted in the context of the current situation. ,, eds., On the Laws and Customs of England Essays in Honor of Samuel E. R., ‘Trial by Ordeal: The Key to Proof in the Early Common Law,’ in Arnold, M. Futhermore, he suggests that the illiterate wants history to be meaningful rather than an objective record. Clanchy stresses the general theory of relativity of time in the remembered past of oral cultures, noting, for instance, that the distance in time between ancestor B and ancester E in a verbally presented genealogy depends on the position of the person recalling the ancestry.
Clanchy's argument is developed fully in From Memory to Written Record England 1066–1307 ( London, 1979) Google Scholar but is put most succinctly in ‘ Remembering the Past and the Good Old Law,’ History 55 ( 1970) 165–76 CrossRef Google Scholar.
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