In the world of legal documents, fraud detection has always been a crucial concern. During the 16th and 17th centuries in Britain, a period known for its litigious nature, lawyers sought innovative ways to protect the rights, wealth, and obligations of individuals through legal transactions. One such method was the use of sheepskin parchment, a unique material that served as an effective anti-fraud device for hundreds of years. In this article, we will explore the fascinating history and properties of sheepskin parchment, its role in preventing fraudulent changes to legal agreements, and the reasons behind its widespread adoption by lawyers of the time.
The Importance of Deeds and Parchment
Legal documents, particularly deeds concerning property ownership, held immense significance during the 16th and 17th centuries. These documents needed to be safeguarded against any fraudulent alterations or corruptions, thus requiring a durable material for writing. Despite the availability of paper, lawyers opted for parchment, a writing surface made from animal skin, which had been in use since at least the 13th century.
Parchment, with its unique properties, offered a level of security and longevity that paper did not possess. However, visually identifying the animal species used to create a particular piece of parchment was challenging. Diagnostic fibers and follicle patterns, crucial for identification, were removed during the parchment-making process. As a result, legal deeds were often categorized as “vellum” (usually calfskin), “parchment” (typically sheep or goatskin), or simply as “animal membrane.”
Identifying Sheepskin Parchment
To determine the species of animal used in the creation of parchment, researchers turned to a technique called peptide mass fingerprinting. This method involves analyzing proteins extracted from the skin and has proven to be a reliable way to identify the animal species. In a study conducted by the University of York, 645 documents dating from 1499 to 1969 were examined, revealing that 96.4% of them were made from sheepskin.
Delamination: A Unique Property of Sheepskin
The structure of sheepskin played a significant role in its selection as the preferred material for legal documents. Parchment is derived from the dermis, the layer of skin that consists of two parts: the fine dermal fibers of the upper papillary dermis and the larger fibers of the lower reticular dermis. In sheepskin, the interface between these two layers is weak due to an abrupt change in structure and the presence of a substantial amount of fat.
During the parchment-making process, the skin is submerged in an alkaline solution that removes the fat. However, sheepskin, with its higher fat content compared to cow or goat skin, has a greater potential for delamination. Delamination refers to the detachment of the two layers of the parchment, which can occur when the surface is scraped to remove or alter text. This process leaves a noticeable blemish on the parchment’s surface, making any tampering evident.
Sheepskin: Harder to Tamper With
The tendency of sheepskin to delaminate made it a preferred choice for legal documents, as it made tampering more difficult. As early as the 12th century, Lord Treasurer Richard FitzNeal instructed scribes to use sheepskin for legal agreements because they “do not easily yield to erasure without the blemish being apparent.” Sir Edward Coke, the lord chief justice of the King’s bench in the 17th century, also emphasized the necessity of writing deeds on durable materials like parchment, as they were less susceptible to alterations or corruption.
Availability and Cost Considerations
The use of sheepskin parchment for legal documents continued well into the late 19th century. While its anti-fraud properties were undoubtedly an important factor, the availability and cost of sheepskin played a significant role in its widespread adoption. Sheepskins of any age could be used for parchment, whereas only the skins of calves younger than six weeks were suitable for vellum due to their increasing thickness. This limitation meant that only a few hundred thousand calf skins were available annually for parchment makers.
In contrast, sheep were abundant in the UK, outnumbering humans until the Victorian era. The scarcity of calf skins made vellum more expensive than sheepskin parchment and reserved for particularly important documents, such as record copies of acts of parliament. Parchment, on the other hand, offered an inexpensive, durable, and fraud-proof material for common legal documents.
The Enduring Legacy of Sheepskin Parchment
Sheepskin parchment’s use as an anti-fraud device in legal documents showcases the ingenuity of medieval lawyers in combating scams. Its unique properties, such as delamination and resistance to tampering, made it an ideal choice for ensuring the integrity of legal agreements. Furthermore, the affordability and availability of sheepskin made it a practical option for everyday legal transactions.
The legacy of sheepskin parchment lives on today in the form of historical documents and records that have withstood the test of time. The use of innovative materials and techniques to prevent fraud in legal transactions continues to evolve with advancements in technology, ensuring the integrity and security of important documents in the modern age.
In conclusion, the utilization of sheepskin parchment as an anti-fraud device by medieval lawyers was a testament to their commitment to protecting the rights and interests of individuals. This unique material provided durability, security, and resistance to tampering, making it an invaluable tool in combating fraudulent changes to legal agreements. The legacy of sheepskin parchment continues to be a fascinating part of legal history, showcasing the ingenuity of the past and its enduring relevance in the present day.
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