Legal Definitions - fiant

A fiant is a historical legal term that refers to an official authorization or warrant issued by a sovereign or high authority. It served as a crucial preliminary instruction, directing the preparation of a formal legal document, such as a grant, commission, or decree, which would then be formally sealed to give it legal effect. In a more specific historical context, particularly in Ireland, a fiant was a written order sent to the Chancery, instructing them to draft a formal document (often called letters patent) that would then be validated with the Great Seal, thereby making it legally binding.

Here are some examples to illustrate the concept of a fiant:

• Imagine a historical monarch wishing to appoint a new governor for a distant colony. The initial instruction from the monarch to the royal chancery, authorizing the creation of the formal letters patent for the governor's appointment, would be considered a fiant. This fiant was the crucial preliminary step, a warrant for the formal commission to be drawn up and sealed.

  This illustrates a fiant as an official warrant or authorization that precedes and enables the creation of a formal commission or appointment.

• During the 17th century in Ireland, after a period of confiscation, a landowner might petition the Crown for the restoration of their lands. If the petition was approved, a fiant would be issued to the Irish Chancery. This fiant served as the official instruction for the Chancery to draft the legal document (often called letters patent) that formally granted the land back to the individual, which would then be validated by the Great Seal of Ireland.

  This example directly relates to the specific historical context of a fiant as a warrant to the Chancery of Ireland for a grant under the great seal, specifically for land.

• Consider a historical period where a king decided to establish a new royal council or a special investigative body to address a particular crisis. Before the formal charter or letters patent creating this body could be issued, a fiant would be prepared. This fiant was the initial official directive from the Crown, instructing the relevant legal officers to draft the necessary documents for the establishment and commissioning of this new royal entity.

  Here, the fiant acts as the foundational decree or commission, authorizing the creation of a new official body and paving the way for its formal legal establishment.