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.
A ‘feoffment,’ or grant, was the oldest and simplest form of document;
but in later times it was followed by a deed ‘of Uses,’ which required
many other deeds to follow in its wake before a permanent and
satisfactory sale was effected.
It is all these legal formalities which make the reading of old deeds
so unnecessarily confusing; their intricacies can only be mastered
by careful study of books on legal matters, and a comparison of the
several kinds of deeds above enumerated. A mortgage deed differs from
the sales or leases in several particulars: firstly, the term of years
granted is usually absurdly long--nine hundred or a thousand years,
perhaps; while in lieu of money the nominal rent of one peppercorn
yearly, or some equally insignificant equivalent, was demanded. In
place of the rent in an ordinary lease the real reason of the mortgage
is given in full, with the date and appointed place where and when the
borrowed money is to be repaid. Often the vicarage, or the parson’s
house, was chosen--perhaps considered as an additional guard against
fraud, and that the clergyman as a witness, being a disinterested
party, would see justice done on both sides. No mortgage deeds are old;
the older ones, if they existed, were probably destroyed as soon as the
transaction was finished. Most of those found among family papers are
of the eighteenth and nineteenth centuries, and refer to small pieces
of land or cottages, showing that even then the small owners became
involved in debts and difficulties, being obliged to raise money upon
their holdings, until finally the land itself had to be sold to satisfy
the demands of the creditors, the purchaser usually being the nearest
large landed proprietor, who paid a better price for what would join
on to and complete the area of his estate. These small holdings had
probably been accumulated bit by bit out of the waste. First, perhaps,
the settler rigged up a primitive dwelling, or hut, the old tradition
being that if a roofed dwelling with a chimney could be erected in one
night a claim to the land was thereby established. If undisturbed, the
squatter would gradually extend his boundaries; but a small rent was
generally demanded by the lord of the manor as an acknowledgment of the
encroachment; these little holdings are called ‘key-holdings,’ and are
to be found in all parts of England.
At present there is a growing desire to increase the number of small
proprietors; ‘fashion,’ it is said, ‘repeats itself periodically.’
Former experience showed the result of small holders to be a failure;
no land, however small in acreage, can be worked without capital; a
succession of bad seasons causes immediate loss and continuous outlay
without a compensating return; debts once begun are apt to accumulate;
all trades are worked cheaper on a wholesale scale. Bit by bit, as
failure comes, the small pieces of land will roll up into large
properties again, like balls of quicksilver separated only for awhile.
Public-domain text, read in full here on John Shaqi.
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