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                          PUBLIC RECORD OFFICE
                    RECORDS INFORMATION Leaflet No: 48
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  [Note: this and all other PRO Records Information leaflets are (c)
  Crown Copyright, but may be freely reproduced except for sale or
  advertising purposes.  Copies should always include this Copyright
  notice -- please respect this.]  (c) Crown Copyright, April 1986.

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           PRIVATE CONVEYANCES IN THE PUBLIC RECORD OFFICE
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INTRODUCTION

The peculiarities of English land law and the position of the
Crown in English society have resulted in the accumulation among
the public records of many thousands of records of conveyances,
of both crown and private property. Readers unfamiliar with the
full range of records available should first consult the Guide
to the Contents of the Public Record Office (volume I, HMSO 1963),
copies of which are available in the Search Department. For more
detailed accounts of the land law and the types of document which
it has generated, consult the works mentioned in the bibliography
at the end of this leaflet. Very many surviving conveyances, of
course, have never come within the crown's cognisance, and are
held locally or are still in private hands.

This leaflet details those classes of public records which contain
private conveyances, and explains the nature of some of the more
complex methods of conveyance. It does not deal with conveyances
of crown property. The records covered are principally those of
the central administration at Westminster and those of the palatinate
jurisdictions of Chester, Durham and Lancaster. Conveyances of
property within the palatinates are more likely to be found in
the palatinate records than in other records mentioned in this
leaflet.


IMPORTANT PRELIMINARY CONSIDERATIONS

1. There is no union index of conveyances. A search may therefore
involve looking speculatively through many classes of records.

Z. The indexes and calendars of conveyances are mainly arranged
under the names of parties, and not by property, and are not necessarily
chronological.

3. Any one deed does not necessarily tell the full story of a
conveyance. For example, a fine (see below) may be part of a series
of deeds designed to set up a trust.

4. The 'consideration' (purchase price) mentioned in a deed may
be fictitious.

5. Early deeds provide little detail about properties. Buildings
in particular are often poorly described.


ENROLMENTS (CHANCERY LANE)

Before the nineteenth century there was no central registry of
conveyances. But copies of private conveyances were often submitted
to the 'courts of record' for enrolment, notably to Chancery.
Such enrolments are to be found in the following classes:
Chancery: Close Rolls (C 54);
Common Pleas: Plea Rolls (CP 40): before Easter 1583, and 1834-1875;
Recovery Rolls (CP 43): Easter 1583 to 1834;
Exchequer: KR Memoranda Rolls (E 159); LTR Memoranda Rolls (E
368); Exchequer of Plea Rolls (E 13); Augmentation Office Miscellaneous
Books (E 315);

Justices Itinerant: Eyre Rolls (JUST 1);
King's Bench: Coram Rege Rolls (KB Z7) before 170Z; Judgement
Rolls (KB 12Z): 170Z-1875;
Palatinate of Chester: Plea Rolls (CHES 29 and 30);
Supreme Court of Judicature: Enrolment Books (J 18);
Palatinate of Durham: Judgement Rolls (DURH 13);
Palatinate of Lancaster: Close Rolls (PL Z) and Plea Rolls (PL 15).
Deeds were also enrolled in local courts, with the Clerks of the
Peace and, from the early eighteenth century, in the statutory
registries of deeds in Yorkshire and Middlesex. Records of local
enrolments should be sought in the appropriate local record offices,
whose addresses are given in the booklet Record Repositories in
Britain (Historical Manuscripts Commission).


LICENCES TO ALIENATE: THIRTEENTH CENTURY TO 1660 (CHANCERY LANE)

Before 1660 some land was held 'in chief of the crown by knight
service'. Originally, this meant that the land was held in return
for the provision of military service to the crown. This service
was measured in 'knights' fees'; a man holding land by one knight's
fee had to provide and equip one knight to serve the crown when
called upon to do so. Later, the military obligation was dropped,
but other feudal dues associated with this form of tenure remained
as a source of royal income. The sale of land held in chief was
not permitted without a specific royal licence. Licences to alienate
(sell) such land are enrolled on the Patent Rolls (C 66), as are
pardons for alienation without licence. Payments for licences
and pardons can be found on the Fine Rolls (C 60), while there
are Entries of Licences and Pardons for Alienation (A 4) for the
period 1571-1650. Proceedings relating to alienation can be found
on the Exchequer Memoranda Rolls (E 159, E 368); normally they
are on the Lord Treasurer's Remembrancer's Memoranda Roll (E 368).


FINES: 1195-1834 (CHANCERY LANE)

Fines or 'final concords' were conveyances of land by means of
a fictitious legal action. The procedure was for the intended
purchaser (the plaintiff) to claim the property from the vendor
(the deforciant). This claim was entirely fictitious. Instead
of coming to judgment, the court gave the parties permission to
reach an agreement. By this agreement, the final concord, the
vendor transferred the property to the purchaser. Some final concords
were enrolled in the courts. In most cases, the agreement was
written out in triplicate on one membrane of parchment; two copies
were written side by side, and one copy was written across the
bottom of the membrane which was then cut into three. Each of
the parties retained one copy, while the third copy, the foot,
was retained by the court. Feet of fines can be found in the following
classes:
Common Pleas: Feet of Fines (CP Z5);
Palatinate of Chester: Fines and Recoveries (CHES 31);
Palatinate of Durham: Feet of Fines (DURH 12);
Palatinate of Lancaster: Fines (PL 17).

An example of a common form of fine is given as Example 1 at the
end of this leaflet. There are a number of other types of fines,
ranging from simple medieval devices to complex devices for creating
entails. These are described in some of the works in the bibliography.




Fines: Subsidiary Documents

Since the filing of feet of fines was often defective, it is worth
checking other documents in the procedure, any of which may record
a fine not represented elsewhere:

Common Pleas: Concords of Fines (CP 24); Notes of Fines (CP 26);
Proclamations of Fines (CP 27); Enrolments of Writs for Fines
(CP 28); Rules to Amend Fines (CP 30);
Palatinate of Chester: Enrolments of Fines and Recoveries (CHES 32);
Palatinate of Durham: Concords of Fines (DURH 11);
Palatinate of Lancaster: Enrolments of Fines (PL 18).


RECOVERIES: FIFTEENTH CENTURY TO 1834 (CHANCERY LANE)

Like fines, recoveries were conveyances by fictitious legal actions.
They were used from the fifteenth century onwards as a way of
destroying settlements of property which had been designed to
ensure that land remained in the hands of one family. If a man
held property in tail (that is, on condition that it passed to
his heirs) he could use the mechanism of the common recovery to
convey the land to a third party. In the simplest type of recovery,
the person seeking to acquire the property (the demandant) sued
out a writ claiming the property from the freehold tenant. The
freehold tenant appeared in court and, instead of defending his
title, called upon a third party to warrant, or defend, his title.
This party, usually the court crier, was called the 'vouchee'.
The demandant asked for leave to confer with the vouchee- this
was granted. The vouchee then left the court and failed to return.
As a result of this default by the vouchee, the court gave judgment
to the demandant, who then acquired the property. A more common
form of Common Recovery was one with a double voucher. This was
used to convey land held in tail. In this case, the tenant in
tail would convey the property to another party by fine or by
bargain and sale. The demandant would bring an action against
this party, who would vouch the tenant in tail; the tenant in
tail would vouch the court crier, who would default and the court
would award the property to the demandant. Recoveries with treble
vouchers were also possible. An example of a recovery with double
voucher is given as Example Z at the end of this leaflet.

Recoveries are enrolled in the following classes of records:

Common Pleas: Plea Rolls (CP 40); before Easter 1583; Recovery
Rolls (CP 43): after Easter 1583;
Palatinate of Chester: Plea Rolls (CHES 29); Enrolment of Fines
and Recoveries (CHES 32);
Palatinate of Durham: Judgement Rolls (DURH 13);
Palatinate of Lancaster: Plea Rolls (PL 15).


MANORIAL DOCUMENTS: 13TH CENTURY TO 19Z5

Until 1925, some land was held by copyhold tenure, as part of
a manor. Conveyances of such land were recorded in the court rolls
of the manors. Such conveyances usually took the form of a surrender
of the property to the lord of the manor and a re-grant by him
to the new tenant. Court rolls of many manors which have been
in the hands of the crown, together with certain other court rolls,
are preserved among the public records.

At Chancery Lane:

Chancery: Masters' Exhibits, Court Rolls (C 116);
Crown Estate Commissioners, Court Rolls and other Manorial Documents
(CRES 5);
Duchy of Lancaster: Court Rolls (DL 30);
Exchequer: KR, Private Collections (E 192);
Exchequer, Land Revenue, Court Rolls (LR 3); Estreats of Court
Rolls (LR 11);
Special Collections, Court Rolls (SC 2);
Treasury Solicitor, Manorial Documents (TS 19);
Court of Wards, Deeds and Evidences (WARD 2).

At Kew:

Admiralty: Greenwich Hospital Court Rolls (ADM 74);
Ministry of Agriculture: Manor of Paglesham, Manorial Documents
(MAF 5);
Forestry Commission: Manorial Documents (F 14).

Many other manorial documents exist in local record repositories
and in private hands. A register of all known manorial documents
is held by the Historical Manuscripts Commission, Quality House,
Quality Court, Chancery Lane, London WC2A 1HP.


ENFRANCHISEMENT 1841-1957 (KEW)

Under the Copyhold Acts, 1841-1894, copyhold tenants were allowed
to enfranchise their lands; copyhold land was converted to freehold.
Such enfranchisement was made compulsory under the Law of Property
Acts, 1922-6. Much information about copyhold land and tenants
can be found in the documents produced as a result of these Acts.
They are preserved in the following classes, which are all at
Kew:

Ministry of Agriculture: Deeds and Awards of Enfranchisement (MAF
9), Manor Files (MAF 20); Extinguishment of Manorial Incidents,
Series I (MAF 13); Series II (MAF 27).


DEEDS

There are many thousands of original deeds preserved at the Public
Record Office. They are mainly deeds of properties which were,
at some date, in the hands of the crown.

At Chancery Lane:

Ancient Deeds: The series, with class numbers in brackets, are
as follows:
A (E 40); AA (E 41); AS (E 42); B (E 326); BB (E 328); BS (E 329);
BX (E 327);

C (C 146); CC (C 147); CS (C 148); D (E 210); DD (E 211); DS (E
212); E (LR 14);

EE (LR 15); F (WALE 29); FF (WALE 30); G (DURH 21); H (PL 29);
L (DL 25);

LL (DL 26); LS (DL 27); P (E 354); PP (E 355); RS (E 213); WS
(E 43).

Modern Deeds:

Series A (E 44), Series B (E 330), Series C (C 149), Series E
(LR 16);
Exchequer K.R. Modern Deeds (E Z14);
Principality of Wales: Modern Deeds (WALE 31);
Court of Wards: Deeds and Evidences (WARD 2);
Crown Estate Commissioners: Title Deeds (CRES 38);
Treasury Solicitor: Deeds and Evidences (TS 21)
Office of Land Revenue Records and Enrolments: Deeds and Evidences
(LRRO 5).

At Kew

Admiralty, Greenwich Hospital Deeds (ADM 75);
Commissioners of Forfeited Estates, Papers (FEC l);
Inland Revenue, Deeds and Evidences (IR 10);
Ministry of Transport, Ramsgate Harbour Deeds, Evidences and Plans
(MT 21);
Ministry of Works, Deeds, Series I and II (WORK 7 and 8).


LlTlGATION (CHANCERY LANE)

Records of actions in the courts, particularly the equity courts,
often provide much information about land and conveyances of property,
and miscellaneous deeds are often to be found among the court
exhibits.


BIBLIOGRAPHY

H W Challis, Law of Real Property (various editions).
A A Dibben, Title Deeds (Historical Association, Helps for Students
of History, No.72, 1968).
Guide to the Contents of the Public Record Office, Vol 1 (HMSO 1963).
W Hands, A Practical Treatise on Fines and Recoveries, (4th edition,
1825).
John H Harvey, Sources for the History of Houses (British Records
Association 1974). W H Holdsworth, Historical Introduction to
the Land Law, (Oxford 1927).
C A F Meekings, Abstracts of Surrey Feet of Fines, 1509-1558 (Surrey
Record Society, 1946).
A W B Simpson, An Introduction to the History of the Land Law
(1961).

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                                      EXAMPLE 1

                                        A FINE

The most common form of fine was the Fine sur cognisance de droit
come ceo que il a de son done, created when the purchaser claimed
the land from the vendor as a result of an earlier grant by the
vendor. In the following example, Mr and Mrs Gibbins were selling
the property to John Sheath for œ420.

This is the final Agreement made in the Court of our Soverign
Lord the King at Westminster, In fifteen days of Saint Martin
in the first Year of the Reign of George the fourth by the Grace
of God of the United Kingdom of Great Britain and Ireland King,
Defender of the Faith, before Robert Dallas, James Allan Park,
James Burrough and John Richardson Justices of our Lord the King,
and others then and there present, Between John Sheath plaintiff
And William Henry Gibbins and Elizabeth his wife Deforciants of
Two Messuages Eight Cottages Four Shops and Eight Curtilages with
the Appurtenances in Boston. Whereupon a Plea of Covenant was
summoned between them in the same Court, that is to say, that
the aforesaid William Henry and Elizabeth have acknowledged the
aforesaid Tenements with the Appurtenances to be the Right of
him the said John As those which the said John hath of the Gift
of the aforesaid William Henry and Elizabeth And those they have
remised and Quit claimed from them the said William Henry and
Elizabeth and their Heirs to the aforesaid, John and his Heirs
for ever. And moreover the said William Henry and Elizabeth have
granted for them and the Heirs of the said William Henry that
they will warrant to the aforesaid John and his heirs the aforesaid
Tenements with the Appurtenances against them the said William
Henry and Elizabeth and the Heirs of the said William Henry for
ever. And further the said William Henry and Elizabeth have granted
for them and the heirs of the said Elizabeth that they will warrant
to the aforesaid John and his Heirs the aforesaid Tenements with
the Appurtenances against them the said William Henry and Elizabeth
and the Heirs of the said Elizabeth for ever. And for this Acknowledgment,
Remise, Quit claim, Warranties, Fine and Agreement the said John
hath given to the aforesaid William Henry and Elizabeth Four Hundred
and Twenty Pounds Sterling. (CP 25(Z)/1504/1 Geo IV, Easter, Lincoln).


                                      EXAMPLE 2

                            A RECOVERY WITH DOUBLE VOUCHER

In this example, although subsidiary documents are lacking, it
appears that Thomas Steele and his wife, tenants in tail, were
conveying the property to Edward Norton. Blackmore had probably
only acquired the property to enable the recovery to take place.

Sussex. Edward Norton in his proper person demands against Edward
Blackmore a portion of Tithes in Cuckfield and also the Tithes
yearly arising growing and renewing out of Two thousand acres
of land in Cuckfield as his right and Inheritance, and into which
the said Edward Blackmore hath not entry but after the disseisin
which Hugh Hunt thereof unjustly, and without judgment, hath made
to the said Edward Norton within thirty years etc. And whereupon
he says that he was seized of the Tithes and portion of Tithes
aforesaid, in his demesne, as of fee and right in time of peace,
in the time of our Lord the present King, by taking the profits
thereof to the value, etc., and into which, etc., and thereof
he brings suit, etc. And the said Edward Blackmore in his proper
person, comes and defends his right, when, etc., and thereupon
vouches to warrant Thomas Steele Esquire and Lady Elizabeth his
wife, who are present here in Court, in their proper persons,
and freely warrant the Tithes and portion of Tithes aforesaid
to the said Edward Blackmore, etc. and hereupon the said Edward
Norton demands against the said Thomas and Elizabeth, tenants,
by their own warranty, the Tithes and portion of Tithes aforesaid,
in manner aforesaid, etc., and whereupon he says, that he was
seized of the Tithes and portion of Tithes aforesaid, in his demesne,
as of fee and right, in time of peace, in the time of our Lord
the present King, by taking the profits thereof to the value,
etc., and into which, etc. and thereof he brings suit, etc. And
the said Thomas and Elizabeth tenants by their own warranty, defend
the right, when etc,, and thereupon further vouch to warrant George
Humphreys, who is also present here in Court, in his proper person,
and freely warrants to them the Tithes and portion of Tithes,
aforesaid etc., and hereupon the    'd Edward Norton demands against
the said George tenant by his own warranty, the Tlthes and portion
of Tithes aforesaid, in manner aforesaid etc., and whereupon he
says, that he was seized of the Tithes and portion of Tithes aforesaid,
in his demesne, as of fee and right in time of peace, in the time
of our Lord the present King, by taking the profits thereof to
the value, etc-, and into which, etc., and thereof he brings suit
etc. And the said George, tenant by his own warranty, defends
his right when, etc. and says, that the said Hugh did not disseise
the said Edward Norton of the Tithes and portion of Tithes aforesaid,
as the said Edward Norton, by his writ and declaration above doth
suppose; and of this he putteth himself upon the country, etc.

And the said Edward Norton thereupon craves leave to impart, and
he hath it, etc., And afterwards the said Edward Norton comes
again here into Court, in this same term, in his proper person;
and the said George, although solemnly called, comes not again,
but departs in contempt @f the Court, and maketh default. Therefore,
it is considered that the said Edward Norton recover his seisin
against the said Edward Blackmore, of the Tithes and portion of
Tithes aforesaid, and that the said Edward Blackmore have of the
land of the said Thomas and Elizabeth, to the value, etc., and
further, that the said Thomas and Elizabeth have of the land of
the said George, to the value, etc., and the said George in mercy,
etc.

And hereupon the said Edward Norton prays the King's writ to be
directed to the  sheriff of the county aforesaid, to cause full
seisin of the Tithes and portion of Tithes aforesaid to be delivered
to him; and it is granted to him, returnable here from the day
of the Holy Trinity in three weeks, etc- At which day the said
Edward Norton comes here into court in his proper person; and
the sheriff namely James Henry Slater Esquire, now returns, that
by virtue of the said writ, to him directed on the seventh day
of June in this same term, did cause full seisin of the Tithes
and portion of Tithes aforesaid to be delivered to the said Edward
Norton, as by the said writ he was commanded, etc. (CP 43/969
rot.6).

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