Geoffrey Caesar, Solicitor

Engrossment and execution are two legal terms that are related but have different meanings. Engrossment is the process of preparing the final version of a legal document ready for it to be executed (made valid such as with a signature).

Execution is the act of signing, sealing or delivering the legal document to make it legally binding.

For example, a contract may be engrossed after the parties have agreed on the terms and conditions before signing it. The contract is executed when the parties sign it and exchange copies.

The word engrossment has its origins in the medieval practice of writing legal documents in a large, clear hand on parchment paper, which was also called engrossing. This was done to prevent alterations or tampering with the document after execution.

Engrossing also involved copying the document from a rough draft or a previous version, sometimes called the “partes” or the “skin”.

Engrossment should not be confused with another legal term, engrossing, which has a different meaning and history.

Engrossing was a marketing offence in English, Welsh and Irish common law, which involved buying up large quantities of a certain good, usually food, with the intent to sell it again at a higher price. This was considered harmful to the public interest, as it created a local monopoly and raised the prices of provisions. Engrossing was often used with two other related offences: forestalling and regrating.

Forestalling was the act of buying or contracting for goods before they reached the market, or dissuading sellers from bringing their goods to the market.

Regrating was buying goods in a market and selling them again at the same market or within four miles of it.

Engrossing, forestalling and regrating were abolished as offences in 1844, as they were seen as interfering with free trade and competition. However, engrossment as a legal process is still used today in various contexts, such as conveyancing, probate, legislation and litigation.

Engrossment ensures that the final version of a legal document is clear, accurate and valid.