There is associated evidence for murage, dated End of the C13., concerning Norwich.
Wording
THE CUSTUMAL
XLIX. {L}Eges et Consuetudines ab antiquo in Ciuitate Norwicensi optent' et usitat'. (Book of Pleas, fol. 89.)
Laws and Customes of old held and used in the City of Norwich.
...
CAPITULUM QUADRAGESIMUM QUARTUM.
Item quia fossata ciuitatis non modicum deteriorantur propter fedacionem animaliurn diuersorurn communiter proclametur quater in anno de vico in vicum et de porta ad portam quod unusquisque habens animalia in ciuitate ilia faciant custodire a fossatis. Et si ita sit quod aliquomodo inuentum in eisdem capiatur et detineatur per custodes portarum quousque dominus illius animalis soluerit ad emendacionem fossatorum vel ad muragium pro quolibet pede animalis unum denadum. Et ipse qui ea sic ceperit habebit pro labore suo de singulis quatuor denariis sic receptis unum denarium Ita quod per sacramentum suum iideliter capiat et custodiet omnia animalia ibidem inuenta et denarios inde receptos integros persoluat ad muragium predictum sine aliquo parcendo et ad hoc semel in anno iurabit quilibet custos portarum {qui} in tempore fuerit in perpetuum.
CHAPTER 44th.
Also because the ditches of the city are not a little damaged by the fouling of divers animals let it be commonly proclaimed 4 times a year from street to street and from gate to gate that everyone having animals in the city cause them to be kept away from the ditches. And if it so be that one is in any way found in the same let it be seized and detained by the keepers of the gates until the master of that animal has paid towards the repair of the ditches or for murage one penny for every foot of an animal. And he who has so seized it shall have for his trouble one penny for every 4d. thus received. So that by his oath he faithfully seize and keep all animals there found and wholly pay the money thus received to the aforesaid murage without any sparing, and to this every keeper of the gates that for the time may be shall swear once a year for ever,
Primary Sources
Hudson, William, and J.C. Tingey, (eds.), 1906,
The Records of the City of Norwich Vol. 1 p. 190
online copy
Comments
Hudson and Tingey use a C15 copy of The Custumal but date 'at least the substance' (p. xxxiii) to the end of the C13.
In what way are the ditches damaged by the animals. Surely 'fouling' can't mean defecation - the ditches must have been sewers and dung, as valuable manure, would have been collected. Tramping the banks would cause damage and reduce the effectiveness of the ditches as sewers and flood defences.
Record created by Philip Davis. This record created 02/01/2010. Last updated on 08/01/2013. First published online 9/01/2013.
