Legal Definitions - chirograph

A chirograph refers to a document that is handwritten. Historically, this term often applied to formal legal documents, such as a deed or an agreement. In a more specific historical context, a chirograph was a unique type of legal instrument created by writing the agreement twice on a single piece of parchment. A specific word, often "chirographum," was written between the two copies, and the parchment was then cut through this word, typically with an indented or wavy line. Each party to the agreement would retain one half, and the two parts could later be matched to prove the document's authenticity and prevent forgery.

• Example 1: A Simple Handwritten Agreement

  Imagine two neighbors, Sarah and Tom, agreeing on the terms for sharing the cost of a new fence between their properties. They quickly jot down the agreed-upon amount, the payment schedule, and the responsibilities for maintenance on a piece of paper. Both sign and date it, and each keeps a copy. This simple, handwritten document, though informal, functions as a basic chirograph in its broadest sense, as it is a handwritten instrument recording an agreement.

• Example 2: A Historical Land Deed

  Consider a scenario in 16th-century England where a lord grants a parcel of land to a tenant. The legal document detailing the transfer of rights, including the land's boundaries and the tenant's obligations, is meticulously written out by a scribe on parchment. The lord signs it, and several local officials witness the signing, adding their own signatures. This formal, handwritten, and witnessed deed would have been considered a chirograph, representing a significant legal instrument of its time.

• Example 3: A Medieval Trade Contract

  Two medieval merchants, one from Venice and one from Flanders, are finalizing a complex agreement for the exchange of silks and spices. To ensure the contract's integrity and prevent either party from altering their copy, they commission a scrivener to write the entire agreement twice on a single sheet of parchment. The word "AGREEMENT" is written across the middle of the parchment, spanning both copies. The scrivener then cuts the parchment with a distinctive, wavy line directly through the word "AGREEMENT," leaving half of the word on each piece. Each merchant takes one half. This two-part document, designed for authenticity through matching halves, perfectly illustrates the specific historical meaning of a chirograph.