Legal Definitions - know all men by these presents

Know all men by these presents is an archaic legal phrase that translates to "let all people know through this document." Historically, it was a very formal opening statement used in certain legal instruments, such as deeds, bonds, or powers of attorney. Its purpose was to declare that the information contained within the document was important, legally binding, and intended to be publicly acknowledged or understood by anyone who might read or be affected by it.

In modern legal drafting, this phrase is no longer used. It is considered outdated and unnecessarily verbose, with contemporary legal documents opting for more direct and concise language.

Here are some examples illustrating how this phrase would have been used:

• Imagine a land deed from the 17th century transferring ownership of a farm from one family to another. The document might begin with: "Know all men by these presents, that I, John Smith, of the Parish of Springfield, for the sum of fifty pounds sterling, do hereby grant, bargain, sell, and convey unto Thomas Brown..."

  This opening would immediately signal to anyone reading the deed that the following text contained a formal and legally recognized transfer of property, making it clear that the transaction was official and binding upon all parties and their successors.

• Consider an 18th-century power of attorney, where a ship captain, about to embark on a long voyage, grants his wife the authority to manage his financial affairs in his absence. The document might commence: "Know all men by these presents, that I, Captain Edward Jones, being of sound mind and body, do hereby constitute and appoint my beloved wife, Mary Jones, to be my true and lawful attorney-in-fact..."

  By starting with this phrase, the document formally declares to banks, merchants, and any other individuals or institutions that Mary Jones's authority to act on her husband's behalf is legitimate and legally conferred, demanding recognition of her powers.

• Picture a formal bond or contract from the 19th century, where a builder pledges to complete the construction of a new public market by a specific date, under penalty of a significant financial forfeiture if he fails. The agreement could open with: "Know all men by these presents, that I, William Davies, Master Builder, am held and firmly bound unto the City of Manchester in the sum of one thousand pounds..."

  This introduction would serve as a solemn declaration to the city officials, the builder, and any potential guarantors or enforcers, that the subsequent terms represent a serious, legally enforceable commitment with clear obligations and consequences for non-performance.