Odd medieal English custom, can anyone back this up?

[adwyn]

OOh! I am asking, anyhting neat?

There was, but I can't speak to it, as I was an independent arbitrator for the involved case, but I can say that there are trusts holding property in the US that predate not only the revolution but all common sense as well.

 

[Ourph]

There is no reason to do it. And it wouldn't work very well anyway.

Ummm....since when did that ever stop humans from doing bizarre and unusual things.

I fully expect people 200 years from now to dismiss the "Thighmaster" and paying $4 for a cup of coffee as ridiculous urban legends.

 

[Storm Raven]

The owner took a small boy from the town, the buyer and a stick to the field. The owner would pick up some dirt say it belonged to the new owner and hand it over. Then they beat the kid with the stick. The point being that the kid would remember the day and events form the beating, therby being an accurate witness.

The boy and the sitck part I can't confirm, but the physical transfer of a clod of dirt from the seller to the buyer was a legal custom. It was called seizin, and once it had been completed, the new owner was seized of the land (i.e. he owned it).

This was because, in times when literacy was not as common, there had to be a public demonstration of the transfer of ownership of the property. When dealing with personal property, one simply handed the object to the new owner. With real property, one made a symbolic handover of some of the dirt from the land.

 

[Dakkareth]

From what I've read, it seems to have been an often-used practise to beat children to make them better remember the borders of grounds. Land being precious, it makes sense to have them know it in whatever way you can so they will notice, if some neighbour is moving marking stones and such.

 

[sdt]

Yes, in the 'olden days' they used to beat the childen; now they just use Ritalin.

 

[Wombat]

I know there is a story very like the one aslih2o describes in M.T. Clanchy's From Memory to Written Record. I'll have to get to the book to check the reference.

 

[scourger]

enfeoffment

The ritual of enfoeffment occurred when title to land passed from father to son (or otherwise from an older man to a younger man). The father took the son to each boundary of the property and beat him with a stick in front of as many witness as were present (at time a hole town). The boundaries were usually markers like a tree, a river or pile of stones. The idea was that the beatings would ensure that the son never forgot the boundaries of the land. At least that's the way my property law professor explained it.

 

[MaxKaladin]

The ritual of enfoeffment occurred when title to land passed from father to son (or otherwise from an older man to a younger man). The father took the son to each boundary of the property and beat him with a stick in front of as many witness as were present (at time a hole town). The boundaries were usually markers like a tree, a river or pile of stones. The idea was that the beatings would ensure that the son never forgot the boundaries of the land. At least that's the way my property law professor explained it.

I've heard something similar. The one I heard was that villagers would occasionally walk the boundaries with their neighbors and they would bring their (not-yet adult) sons with them. Every time they reached a marker of the property line, the boys would have some 'memorable' thing happen to them. Sometimes it might be a beating against the tree or rock that served as a boundary, sometimes it might be having their head rubbed against that tree or rock, sometimes it might be getting dunked in a stream that served as a boundary and so on. The idea was that they would better remember the markers better for what happened to them in association with the marker.

I don't know if I have an source. I think I have a reference to this saved on my hard drive at home, but I don't remember if it gives a source.

 

[Hanuman]

Hey why not? Don't forget this is the same country that came up with the Rule of Thumb (The law was you shall not beat your wife with anything thicker than your thumb).

Nearly all men can stand adversity, but if you want to test a man's character, give him power. -Abe-

 

[Beale Knight]

Then they beat the kid with the stick. The point being that the kid would remember the day and events form the beating, therby being an accurate witness. Has anyone ever heard of this/can anyone document this?

I'll have to go through my books to find a quotable source, but I've read of something like this - but instead of beating the child the powers involved in the deal, what ever it was (not just land transfers), would box the boy's ears.