DCD 2.14.Spec.41

Indented agreement over common pasture, 1253

This is the convention made in the court of W. bishop of Durham at Durham on the octave of St Hilary 1252 [Monday 20 January 1253] between B[ertram of Middleton] prior and the convent of Durham on the one part and William de Brakenbiri of the other. The former were claiming common of pasture for their stock in William's wood and land in Broom and William similarly in their common belonging to the vill of Elvet (by Durham). They agree that each of them will be content with their own common of pasture, quit-claiming any such against the other, specifying the boundary between them, and setting penalties for infringements ('Et si forte contingat quod Aueria alicuius eorum uel successorum siue heredum suorum Ingrediantur communam Pasture alterius; Dabunt pro octo Aueriis vnum Denarium. pro viginti Ouibus vnum Denarium. pro sex equis vnum Denarium. pro Decem porcis vnum Denarium' [view], from which it seems evident that the affers were not horses). For this William has given the prior 10 marks of silver [£6 13s. 8d.]. 'Et ad maiorem huius Rei securitatem habendam; predicti [view]... presens scriptum sigillis mutuis Roborauerunt. Hijs Testibus ...' [view].
The word across the indenting is CONVENCIO. Although the practice of retaining feet of fines in the bishop's court was established by this date (BL, MS Lansdowne 902 f. 68r, dated 1206), the parties did not use the process for recording the "conventio" that they had reached in that court.
Unlike some contemporaries the scribe did not use the long form of r, but continued to use the 2-shaped form after o. An erasure is visible in the middle of line 4 [view], where "inter" was written by mistake for "in".