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.
Sale by fine is of very ancient date. Instances of it are said to be
known prior to the Norman invasion. We may, therefore, conclude that
it was probably an old Saxon custom, or was devised in later times
as a certain means to avoid dispute and disagreement arising from an
imperfect title of possession.
There are several legal varieties of ‘fines,’ but these are of little
consequence to the antiquary, whose interest lies only in the names,
dates, and localities mentioned, and, so long as the land changed
its ownership, cares little about the technical process by which the
transfer was made.
Another way of making a good title so as to legalize and effect a
complete sale of property was that known as ‘Sale by Recovery.’ This
also consisted of a law-suit, at first real, then imaginary.
[Illustration: FORM OF FINE]
The prescribed form was very complicated. Explanations of it are to be
found in most books on law subjects, but the matter lies in a nutshell.
One man desired to sell certain land which another man was anxious to
purchase, whereupon the would-be purchaser issued a writ, in which he
pretended to claim the land. At this stage of the affair a third party,
not really concerned in any way in it, was brought forward to warrant
the title of the real owner, who then came forward bringing a witness
proving ownership to his property; thus an undisputable title to the
land was established. A deed of recovery was then issued rehearsing the
whole transaction, agreeing that a certain sum of money, equivalent to
the value of the land, should be paid by the purchaser; and here the
bargain was concluded, and the curtain fell on the legal farce.
Some of these recovery deeds are quite works of art. They are written
in courthand on large squares of parchment, smooth and white. The
heading and capital letter are ornamented with scroll-work in pen
and ink. Generally an engraved portrait of the reigning Sovereign
was added. Part of this ornamentation was done by hand, and the rest
completed with steel engraving. The most elaborate deeds are those of
the Stuart monarchs, especially towards the end of the seventeenth
century, but after the time of the second George these well-executed
deeds disappear.
The oldest statute relating to Recoveries of which I find any mention
is of the commencement of the reign of Henry VII., but I have not met
with any as early in date as this.
A beginner finds much difficulty in deciding between deeds of sale
or appointment of trustees for the safe custody of land to secure
marriage portions and deeds of mortgage. All these three deeds are, in
point of size and general outline, nearly identical; the experienced
lawyer can detect them at once; he needs only to study what is called
the operative part of the document, avoiding any waste of time which
wading through the technical phrases involves.
Public-domain text, read in full here on John Shaqi.
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