Legal Definitions - King's silver

King's silver refers to a historical payment made to the English Crown during the medieval and early modern periods. It was a specific fee required to obtain official permission from the Court of Common Pleas to formalize certain land transactions or agreements, known as "fines of lands" or "feudal fines." These "fines" were not penalties, but rather a type of legal contract recorded in court to ensure secure and undisputed ownership or transfer of property. The King's silver was essentially a royal tax or license fee for this judicial process, ensuring the Crown received revenue from significant land dealings and that these transactions were officially recognized and protected by royal authority.

• Example 1: A straightforward land sale

  Imagine two individuals in 16th-century England, Master Thomas and Mistress Eleanor, agreeing on the sale of a valuable piece of farmland. To ensure this transfer of ownership was legally binding, publicly recorded, and immune to future challenges, they would formalize it through a "fine of lands" in the Court of Common Pleas.

  How it illustrates King's silver: Before the court would officially process and record their agreement, Master Thomas (or Mistress Eleanor, depending on their private arrangement) would have been required to pay the "King's silver." This payment was the Crown's fee for granting the necessary license to proceed with the legal formalization of the sale, thereby validating the transaction under royal authority and creating an indisputable public record of the new ownership.

• Example 2: Resolving an inheritance dispute

  Consider a scenario where, after the death of a wealthy baron, two distant relatives, Sir Geoffrey and Lord Arthur, both lay claim to a particular manor. To avoid a lengthy and potentially ruinous legal battle, they reach a compromise: Sir Geoffrey will take ownership of the manor, and Lord Arthur will receive a different, smaller estate. They want this agreement to be absolutely legally watertight and prevent any future disputes.

  How it illustrates King's silver: To solidify their settlement and have it officially recognized by the Crown, Sir Geoffrey and Lord Arthur would present their agreement to the Court of Common Pleas as a "fine of lands." Before the court would endorse this resolution and make it legally binding, the "King's silver" would need to be paid. This fee served as the royal charge for the judicial process that transformed their private compromise into an unchallengeable legal record, effectively settling the inheritance dispute under the Crown's protective oversight.

• Example 3: Establishing a future interest in property

  A wealthy widow, Lady Catherine, wishes to ensure that her estate eventually passes to her grandson, Edward, but also wants to provide for her daughter, Mary, for the remainder of Mary's life. Lady Catherine arranges a "fine of lands" to legally establish that Mary will have the use and income from the property until her death, after which it will automatically transfer to Edward.

  How it illustrates King's silver: For this complex arrangement, which involved creating a future interest in land, to be legally recognized and recorded by the Court of Common Pleas, Lady Catherine would have been required to pay the "King's silver." This payment was the Crown's administrative fee for sanctioning and documenting such a sophisticated land settlement, providing it with the full force of royal law and ensuring the intended succession plan was legally protected and enforceable.