While browsing through the public historic records database, you’ll likely encounter a few uncommon terms used in records long ago. To truly understand what you’re reading, you need a basic understanding of these terms and their meanings in certain documents. Archival terminology is a group all its own, with words that have specialized meanings specific to researchers. These terms will help you gain more from your historic records research.
Abatement
Abatement has two meanings. The meaning most commonly found in historic documents has to do with estate law. Abatement can mean the difference between the actual amount of estate an heir receives and the amount the will directs him or her to receive. Due to property devaluation over time, an heir may receive less in actuality than the will directs. The second definition is a mark of dishonor in a coat of arms in heraldry.
Annotation
Commonly, historic documents require footnotes, endnotes, or in-text notes to add information, explain a discrepancy between documents, and clarify situations that are difficult to interpret. These additions are referred to as annotations. Annotations can be interpretations, explanations, definitions, supplements, or clarifications. They aren’t part of the original document but are still important for gaining a full understanding about a subject.
Assignment
When the word “assignment” appears in historic records, it refers to the grant of property or a legal right to another person. It encompasses the transfer of rights one party holds (the assignor) to another party (the assignee). This term typically applies in transfers of real property and assets.Cadency
In heraldry, this term refers to the royal license by a sovereign that allows a father to grant the right to bear the same coat of arms to all sons. Cadency is thus the status of a younger branch of the family, with all coats of arms—except for the eldest brothers’—differentiated by marks of cadency. Cadency helps researchers identify lineages and familial connections using a certain coat of arms.Contract Marriage
A contract marriage is an agreement that a real marriage would take place at a later date. The parents of young prospective spouses reached contract marriages to ensure a future union.Deed of Lease and Release
This was the most popular way of conveying land in medieval England. Other methods of conveying land had strict requirements the owner and purchaser had to follow. Deeds of lease and release were sales made by a tenant to a lessee (or buyer). They conveyed land by means of a bargain of sale that didn’t have to be enrolled. Owners would convey their right to the freehold property to the buyers—the “release”—typically one day after the lease.Failure of Issue
In a deed or will, a failure of issue indicates that in the event of no children born or surviving a deceased person, the property goes to a third party.Livery of Seisin
This is the appropriate ceremony for transferring the corporal possession of lands or tenements. In other words, the delivery of a possession by a grantor to a grantee. Typically, the parties went to the property in question and the grantor delivered a symbol in the name of the whole, such as a twig or key, making the land officially the grantee’s.Marriage Contract
A marriage contract is a civil contract between two people dealing with inheritance, dower, and land. A marriage contract can be executed many years prior to a ceremony, at any age of the two individuals. A marriage settlement is the date on which the guardian of the bride (typically the father) transfers the dower money or land to the other party.Polled Deed
A poll deed, or deed poll, is made by only one person or party to which the party alone is bound. This legal document binds a single person or several people acting jointly to an active intention. This is technically not a contract since two parties aren’t involved. A polled deed is often used to legally change names.Processioner
A processioner was a surveyor of sorts who determined property boundaries and recorded them in the processioner’s book. Every four years, all landowners in a community would walk the boundaries of their plantations with surveyors to redraw disputed property lines.
