Legal Definitions - quaequidem

Quaequidem is a historical legal term referring to a specific introductory phrase found in ancient legal documents, particularly charters or deeds of grant. This phrase was used to explain the origin or basis of the grantor's (the person making the grant) title or right to the property, privilege, or authority being conveyed. Essentially, it provided a historical justification for the grantor's power to make the grant.

Here are some examples to illustrate its application:

• Imagine a medieval charter from a Duke granting a parcel of land to a knight. The clause might begin with language equivalent to quaequidem, followed by a statement like, "which land indeed We received from Our Royal Father, King Edward, in the year of Our Lord 1250, as a reward for loyal service in the Scottish campaigns."

  This example demonstrates quaequidem by showing how the Duke (the grantor) explains that his title to the land originated from a grant by his father, thereby establishing his authority to then grant it to the knight.

• Consider a historical document where a Bishop grants certain fishing rights in a river to a local monastery. The introductory section, using the concept of quaequidem, might state, "which fishing rights indeed have been held by the See of Canterbury since the time of Saint Augustine, having been confirmed by Papal Bull in the 11th century."

  Here, the Bishop (the grantor) uses the quaequidem-like language to clarify that the authority to grant these rights stems from the long-standing possession and ecclesiastical confirmation of the See of Canterbury, not from his personal acquisition.

• In a charter from a monarch granting a town the right to hold an annual market, the initial phrasing, akin to quaequidem, could read, "which right to hold a market indeed has been an inherent prerogative of the Crown since time immemorial, exercised by Our royal predecessors for the common good of the realm."

  This illustrates quaequidem by showing the monarch (the grantor) establishing that the power to grant market rights is an ancient, inherent authority of the Crown, thus justifying the grant to the town.