Note 736 — Chapter XIV

Norwich Town Close Evidences, 14, 24, 27, 31, 32. The same form was used even after the charter of 1403, in 1420 and 1435. (Ibid. 46.) We find “the citizens” joined with “the commonalty” in the thirteenth century. An enrolled deed of 1290, in which license to build a stall in the market is granted by the “Communitas Norwici et cives ejusdam civitatis,” is quoted by Mr. Hudson. (See Mun. Org., Arch. Journ. xlvi. no. 184.) The double style used is, I think, explained by a contention which occurred a century later, in 1379. “There was a discussion whether the stalls in the meat-market ought to belong to the commonalty or to the bailiffs. They are agreed that the said stalls shall in future remain to the commonalty for ever, without challenge or contradiction to the present bailiffs or the bailiffs in future.” (Town Close Evidences, 31.) At that time a great reorganization of the market was in progress (see Kirkpatrick’s “Streets and Lanes of Norwich,” App. i. pp. 95, 96) with a view to getting as many stalls as possible into the hands of the authorities. As the bailiffs had certain sources of income allotted to them (they being personally responsible for the fee ferm rent) they need not be blamed for trying to help themselves. On the other hand the attempt shows how significant was the use of the word “communitas” in the older deed (see p. 364 no. 1). I think it very possible that property set apart for a definite public purpose was held in the joint names of citizens and commonalty; but I am convinced this last word was never used in a formal way, but always expressed a tenure and control with which the “cives” or the twenty-four could not interfere.