Legal Definitions - communis scriptura

Definition: Communis scriptura (pronounced kuh-moo-nis skrip-too-ruh) is a Latin term that means "common writing." In history, it referred to a handwritten instrument or deed that was subscribed and witnessed.

Example: In the past, when deeds were shorter than they are now, it was common to write both parts of the deed on the same piece of parchment. The parchment was then cut through a word or letter of the alphabet, leaving half the word on one part and half on the other. These deeds were called syngrapha by the canonists and chirographa or hand-writings in English. Sometimes, a chirograph was divided into two parts, with each party retaining one part. This was called a cyrographum.

Explanation: The example illustrates how communis scriptura was used in the past to refer to a handwritten instrument or deed. It also shows how chirographs were made and how they were sometimes divided into two parts. This helped to ensure that both parties had a copy of the deed and could refer to it if needed.