Legal Definitions - communis scriptura

communis scriptura (Latin for "common writing") refers to a historical legal practice, primarily from medieval times, involving the creation of a document where the exact same text was written multiple times (often twice or thrice) on a single piece of parchment or paper. This single sheet was then intentionally cut, typically with an irregular or wavy line, into separate parts. Each party to the agreement would receive one of these identical parts.

The purpose of communis scriptura was to ensure that all parties possessed an authentic and identical record of the agreement. The unique, irregular cut served as a security feature: if a dispute arose, the separate parts could be matched together like puzzle pieces to prove their authenticity and confirm that no alterations had been made to one party's copy without the other's knowledge. This practice was a precursor to modern methods of creating duplicate contracts.

• Example 1: A Medieval Land Sale

  In 13th-century England, a lord agrees to sell a parcel of land to a wealthy merchant. To formalize the transaction, a scribe writes the entire deed of sale, detailing the land boundaries, price, and terms, twice on a single sheet of parchment.

  This document is an example of communis scriptura. After the writing is complete, the parchment is cut down the middle with a distinctive, jagged line. The lord keeps one half, and the merchant keeps the other. Both parties possess an identical, legally binding record of the land sale. If, years later, there's a disagreement over the exact terms, their respective halves can be brought together and matched along the irregular cut to confirm the original, unaltered text.

• Example 2: A Guild Membership Agreement

  A new apprentice wishes to join a powerful artisan's guild in a medieval city. The guild master and the apprentice sign an agreement outlining the apprentice's duties, training period, and future obligations to the guild. This agreement is meticulously written out twice on one sheet.

  This document functions as communis scriptura. Once written, the single sheet is cut with a unique, wavy line. The guild master retains one piece, representing the guild's official record, and the apprentice receives the other, serving as their personal copy of the terms. This ensures both parties have an identical, authentic version of the agreement, preventing either side from later claiming different terms were originally agreed upon.

• Example 3: A Feudal Alliance Treaty

  Two neighboring feudal lords decide to form a defensive alliance against a common enemy. Their scribes draft a treaty outlining their mutual support, troop contributions, and shared responsibilities. The full text of this treaty is inscribed three times on a single large piece of parchment.

  This treaty exemplifies communis scriptura. After the writing, the parchment is cut into three distinct pieces, each with an irregular edge. One lord receives a copy, the other lord receives a second, and a neutral third party (such as a powerful bishop) holds the third as an impartial record. This ensures that all parties have an identical and verifiable copy of the alliance terms, with the unique cuts allowing for authentication if any disputes about the treaty's original wording arise.