The Key to the Family Deed Chest: How to Decipher and Study Old Documents: Being a Guide to the Reading of Ancient ManuscriptsThoyts, Emma Elizabeth
History
The Key to the Family Deed Chest: How to Decipher and Study Old Documents: Being a Guide to the Reading of Ancient Manuscripts
Thoyts, Emma Elizabeth
Diplomatics -- Great Britain; Paleography -- Handbooks, manuals, etc.
The deeds relative to the earliest grants of land are very small
in size, a marked contrast to the voluminous sheets of parchment
considered necessary to a modern conveyance or deed. The writing often
was minute, but each letter was carefully formed. Many early deeds are
in far better preservation than some of those written several centuries
later, when less attention was paid to the materials on which they were
indited, or the ink used.
[Illustration]
[Illustration]
CHAPTER V.
LAW TECHNICALITIES.
The two chief divisions into which all law deeds may be roughly
classified are the deed-pole and the indenture. The former is a square
piece of parchment, made by one person, such as a will or a bond, the
indenture being the work of several parties. Of this latter kind are
deeds of trusteeship, marriage settlements, mortgages, and sales or
transfers of land.
The indenture was so called from the fact that its upper edge was
vandyked, or indented--a very secure but primitive method of testing
authenticity; each party had a copy. These duplicates were written on
a single strip of parchment merely cut asunder afterwards, through a
word written between the two copies, such as ‘chirographum,’ so that
when required to be produced as evidence the two divided portions and
words would fit each other exactly--indisputable evidence of their
originality, both simple and ingenious.
A very common form of deed, met with among title-deeds, is the ‘Fine,’
technically so-called from its opening sentence: ‘Hic est finalis
concordia facta in curia Domini Regis’; the Sovereign’s name follows
with the year of accession, after which are the names of the buyer and
seller of the property, a full description of the amount of acreage,
tenements, etc. After warranting the whole for life to its purchaser,
the deed concludes with the sum of money paid for the property; this
is written in words, not figures. These deeds are more puzzling to
amateurs than any other. The ‘Fines’ are narrow strips of parchment,
two in number; they are closely covered with black lettering, making
them at first difficult to decipher.
This transfer of land by ‘fine’ originated at first from an actual suit
at law commenced to recover possession of the lands, and by this means
to establish a clear indisputable title to it; in course of time the
suit was discontinued, but the form of wording was retained by custom.
‘A “fine,”’ says Blackstone, ‘is so called because it puts an end
to the suit (from the Latin word _finis_, an end), which, when
once decided, puts an end not only to that suit, but also to all
other controversies concerning the same matter, for by this means an
absolute sale was effected, and all previous claims upon the property
were made void.’
Public-domain text, read in full here on John Shaqi.
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