CUSTUMAL: CAPITULUM 25

Sometimes, when a husband and wife give or sell their jointly-owned tenement and make recognizance of this fact in the city court, the deed is endorsed but not enrolled in the court records (which are preserved in the treasury of the city, according to custom); such endorsements and enrollments have the same legal force as a fine levied in the king's court. The bailiffs' clerk is to be charged – as part of the oath of office he swears each year – not to endorse any deed unless the woman who is co-owner is present in court and is examined by the bailiffs to ensure that she is not being forced into agreeing to the transaction against her will. If she acknowledges to the bailiffs that she willingly agrees to the transaction, then the deed should be endorsed and enrolled in court (and not elsewhere, outside the Tolbooth). The clerk is to perform this duty conscientiously and shall receive a minimum fee of 4d. [for the endorsement] and 2s. for the enrollment (unless a larger sum is offered him). He may not refuse to endorse or enroll any deed thus acknowledged. Each Michaelmas the recognizance rolls are to be placed in the common chest of the city for safekeeping, so that if there is any future question about the transaction the enrollment can be quickly found to provide clarification.

[The type of "fine" referred to here was an abbreviation for a "final concord"; this was a method of transacting a transfer of property via a fictitious legal action over ownership (in which the party transferring conceded the right in the property to belong to the transferee) in order to give the transfer the force of law – i.e. there was a legal record of ownership. Michaelmas represented the end of the administrative year for Norwich, and many other boroughs; the records of that year were closed and a new set of records begun. However, records of several years were often grouped together before they were permanently deposited in the archives. Payments to town clerks (or other officers) for services performed to the benefit of private individuals were quite typical and, in modern conception, would lie somewhere between a fee and a gratuity; the Liber Consuetudinum version specified a fee of 2d. not 4d. for the endorsement, and 4d. (not the rather expensive 2s.) for the enrollment.]