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.
One of the commonest forms of deeds met with relative to the sale
of land is that known as ‘Lease and Release,’ a method invented by
Serjeant Moore in the reign of Henry VIII., which, from its simplicity,
speedily became very popular, and superseded the other forms of sale.
The principal deeds referring to a Lease and Release are two in number.
The smaller of these is generally found wrapped up within the larger
parchment, as the two had to be kept together, being in reality part
and parcel of each other. The smaller parchment was the lease drawn up
between the parties; by it a formal lease for a year of the premises
or land was granted by the owner to the purchaser, but no mention of
any rent or sum of money is made in it, and herein is the difference
between the sale-lease and an ordinary lease, for in this latter both
the term of years and the yearly rental are expressly named.
The ‘Release,’ or larger parchment, is dated a day following the
lease which it cancels, hereby gaining its name of ‘release.’ It is in
reality the actual deed of sale, for the price paid for the land will
be found in it, and a full and complete warranty securing it for ever
to the purchaser.
An ordinary lease of premises is worded similarly to the above,
but differs from it in several ways; usually it is a larger sheet
of parchment. The term of years varies from three, five, seven, to
twenty-one, at a fixed rent paid either half-yearly or quarterly at
the four principal feasts, Lady Day, or the Feast of the Annunciation,
the Feast of St. John, or Midsummer, St. Michael and All Angels,
better known as Michaelmas, and the Feast of the Nativity, popularly
called Christmas Day. These deeds commence with the date of the day,
month and year, followed by the names of the persons contracting the
agreement, with those of their co-trustees, or witnesses, usually
selected from among relatives or connections by marriage, or else
immediate neighbours. An exact terrier of the land is given, its
locality, field-names, and acreage. Three parts of the way down the
sheet of parchment will be found the rent and term of years for which
the land is granted, together with stipulations as to repairs, rights
of ingress and egress; any services, customs or heriots, whether due in
kind or by payment; last of all comes the warrant against intruders.
Of course, with deeds of sale there are other legal documentary forms,
with variations of wording, but the two last above described are those
generally met with.
The oldest form of sale is called a ‘feoffment,’ or grant. Externally
it differs little in appearance from a ‘fine,’ at least as regards its
earliest form, both being very small, closely-written deeds; the first
was in the set lawyer type of handwriting, while a ‘fine’ was indited
in courthand.
Public-domain text, read in full here on John Shaqi.
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