Collection of Early Modern European Documents
Scope and Contents
This collection contains the early modern European documents (dating from the 16th to 18th centuries) owned by the Hesburgh Library which are not part of a discrete archival collection. That is to say, this is an artificial collection of early modern European documents, grouped not by provenance, but by origin (early modern European) and genre (diplomatics). As such, it is composed of a wide variety of diplomatic genres, including: papal bulls, lease... and releases, leases, surrenders, admittances, diplomas, commissions, feoffments, petitions, letters, administrative announcements, decrees, assignments of lease, instrument of consecrations, deeds, bargain and sales, levies of fines, burgess tickets, assignments of mortgage, wills, mortgages by demise, recognizances of fees, strict settlements, mortgages by conveyance, and inventories. All documents within this collection are manuscript documents, written on either parchment or rag paper; although there are some which contain printed material, each item is a primarily handwritten production.
See moreDates
- Creation: 1500 - 1800
Conditions Governing Access
Collection is open for research.
Conditions Governing Use
Copyright status for collection materials is unknown. Transmission or reproduction of materials protected by U.S. Copyright Law (Title 17, U.S.C.) beyond that allowed by fair use requires the written permission of the copyright owners. Works not in the public domain cannot be commercially exploited without permission of the copyright owners. Responsibility for any use rests exclusively with the user.
Extent
8 Cubic Feet (6 boxes, 2 map case drawers.)
Language of Materials
English
Latin
French
Italian
Materials Specific Details
Collection includes papal bulls, lease and releases, leases, surrenders, admittances, diplomas, commissions, feoffments, petitions, letters, administrative announcements, decrees, assignments of lease, instrument of consecrations, deeds, bargain and sales, levies of fines, burgess tickets, assignments of mortgage, wills, mortgages by demise, recognizances of fees, strict settlements, mortgages by conveyance, and inventories.
Types of Early Modern English Documents
The majority of the items in this collection were created in early modern England. These notably include lease and releases, a form of a title deed popular between the 16th and 19th centuries originally established to avoid the Statute of Enrolment (1535) and the restrictions it placed upon the sale of freehold land. To avoid these restrictions, land was conveyed as leasehold property through a “lease and release,” a title deed composed of two documents (a lease and a release). The lease document establishes a lease between the parties (thus rendering the land leasehold property) and the release (usually created the following day) conveys the said leasehold property from the landholder to the leasee (i.e., buyer). Since these are separate documents, it is rare that both the lease and release survive together. The majority of the lease and releases in this collection survive only in part, either as the lease or the release.
Other notable English documentary forms include mortgage by demise (a temporary transfer of property for a long time (e.g., 500 or 1,000 years) in order to secure a loan of money), assignments of lease or mortgage, bargain and sales, admittances (a record of the admittance of a copyholder to property within a manor), surrenders (surrender of property within a manor from the copyholder to the Lord or Lady of the Manor) and feoffments. In the medieval era, feoffments granted use of land to a feoffee in exchange for a pledge of service (thus, “enfeoffing” them to the lord or owner of the land). Early modern feoffments still used much of the same legal language as medieval feoffments, but by this time had become more akin to a bargain and sale, as they record the sale of real property from one party to another.
Witnesses
Edward Moulton, Neville Miers; Ga[rner?] Hayman.
Genre / Form
- Bulls (Papal)
- Decrees
- Deeds
- Inventories
- Leases
- Letters (correspondence)
- Manuscript (handwritten)
- Petitions
- Wills
- admittances
- assignments of lease
- assignments of mortgage
- burgess tickets
- feoffments
- instruments of consecration
- lease and releases
- levies of fines
- military commissions
- mortgages by conveyance
- mortgages by demise
- recognizances
- strict settlements
- surrenders
- Title
- Collection of Early Modern European Documents
- Status
- Completed
- Author
- Anne Elise Crafton
- Description rules
- Describing Archives: A Content Standard
- Language of description
- English
- Script of description
- Latin
Repository Details
Part of the University of Notre Dame Rare Books & Special Collections Repository