Definition
A Latin term meaning "knowing" or "being aware," used in medieval legal instruments as part of the formal commencement clause. In its primary legal application, *sentes* appears in the phrase *sciant praesentes et futuri* ("let those present and future know") or related formulaic openings to deeds, obligations, and letters of attorney. The term signals that the parties executing or witnessing the instrument are doing so with full knowledge and awareness — a declaration of conscious intent that carried formal legal significance in the execution of written instruments under the Latin forms of English common law practice.
Common Confusion
The source dictionary entries retrieved under this term relate primarily to the Latin commencement clause *sciant praesentes* and to the closely related English formula "Know all men by these presents." Researchers should be careful to distinguish among several overlapping formulaic terms that appear in this context:
- *Sciant praesentes et futuri* — the full commencement clause common in Latin deeds
- *Sentes* / *Praesentes* — components of that clause, sometimes treated separately in legal dictionaries as cross-references or sub-entries
- "Know all men by these presents" — the English-language successor formula, used through the modern period in deeds of release, powers of attorney, and bonds
These terms are not synonymous, though historical dictionaries frequently cite them together, and indexing errors across early printed dictionaries can cause researchers to retrieve one when seeking another.
Why It Matters in Research
The primary research challenge with *sentes* is that it does not survive as a standalone operative term in modern legal practice. Its significance is almost entirely historical, appearing in Latin instruments predating the shift to English-language legal drafting following the Proceedings in Courts of Justice Act 1730 (which required English in English legal proceedings). Researchers working with pre-18th century English instruments — deeds, letters of attorney, obligations, indentures — will encounter the Latin commencement clauses of which *sentes* or *praesentes* form a part.
The Law Mind corpus is most likely to surface this term in:
- Treatises on conveyancing and the forms of deeds (particularly West's *Symboleography*, cited by Burrill)
- Digests and form books arranged alphabetically under commencement clauses
- Discussions of letters of attorney and their formal requisites
- Cross-references in historical legal dictionaries under PATENT, PRAESENTES, or "Know all men"
A key trap for researchers: the dictionary entries retrieved alongside this term actually define adjacent concepts (letters patent, "Know all men by these presents") rather than *sentes* as an isolated term. This suggests the term may appear in historical dictionaries as a sub-entry or indexing artifact rather than a fully developed headword. Burrill treats the Latin commencement clause as a unit, citing Littleton § 445 and West's *Symboleography*, which are the primary primary-source anchors for any research into these formulaic openings.
Jurisdictional note: The Latin commencement formula was a feature of English common law practice and spread through jurisdictions that adopted English forms. American practice adopted the English-language successor formula ("Know all men by these presents"), which persisted in deeds, bonds, and powers of attorney into the 20th century and appears occasionally even today.
Historical Dictionary Support
Burrill's Law Dictionary is the most useful of the three shelf sources for this term, providing the Latin-language framing and citing both Littleton's *Tenures* and West's *Symboleography* as the foundational authorities on commencement clause forms. Burrill treats *sciant praesentes* as a term of art in deed construction, explaining that such words formerly commenced deeds, obligations, letters of attorney, and "other instruments."
Black's (both editions) approaches the subject through the English translation — "Know all men by these presents" — without dwelling on the Latin. Black's 1st edition notes the formula's use in letters of attorney, citing the Register of Originals (Reg. Orig.) at pages 305–306. The 2nd edition adds the use in "deeds of release in the Latin forms," slightly expanding the scope.
All three sources agree that the formula is historical and formulaic rather than substantive. None treats *sentes* as carrying independent legal weight apart from its role in the commencement clause. What the historical dictionaries do not address is the precise moment at which these Latin forms fell out of practice or the transitional period during which Latin and English forms coexisted — a gap researchers must fill through primary source consultation.
Encyclopedia Cross-Reference
See Law Mind Encyclopedia: Deeds and Conveyancing (Historical Forms); Letters of Attorney; Latin Terms in Legal Instruments