Pay to the Order of ...

 

     You can look at something all your life and never quite see it. Then suddenly, one fine day, it snaps into focus and makes you wonder.
     I was updating my wife's checkbook — we pay bills online like the rest of the modern world, but still send checks sometimes, plus balancing a check book ensures we actually look at where the money is going — and noticed the standard phrase beside where the recipient's name goes: "Pay to the Order of." 

     We know what "pay" means —give 'em the money . But why "order"? What does order mean in this context? What is a person's order that we can pay it?

    AI is a little helpful, tending to consider the whole phrase and not wanting to pull "order" out. Though it does contrast "order" with "bearer," which is helpful. A financial instrument paid to the order has to be cashed by a specific person, as opposed to pay to the bearer, which is good for whoever has it in hand.

    Still, an old school investigation seemed in, ah, order.

    A reminder that "order" is like "set," one of those words with oodles of definitions. Off the top of my head: a sequence of events. A state free from disturbance. A request for goods, in a restaurant or a business. A military command.  

    Samuel Johnson offers 14 meanings in his 1755 dictionary, quite succinctly stated, starting with, "1. Method, regular disposition. 2. Established process. 3. Proper state" and including a few I hadn't considered, such as "8. A society of dignified persons, distinguished by marks of honour" and "12. Means to an end," which fits with my "seems in order" usage above.

    None quite fit the bill for our check, however.
    Noah Webster serves up 15 definitions in his 1828 dictionary, some clearly lifted, such as "15. In architecture, a system of several members, ornaments and proportions of columns and pilasters" which is Johnson, word for word.
     The Oxford English Dictionary has more than two full pages of definitions, and a semi-careful reading didn't find anything that would explain my check. 

     It struck me that this was a situation where you needed the right tool for the job. We are a household that is nothing if not rich in dictionaries, and I borrowed my wife's old Black's Law Dictionary, Fifth Edition. There the second definition is what we're looking for: "A designation of the person to whom a bill of exchange or negotiable promissory note is to be paid. An 'order' is a direction to pay and must be more than an authorization or request. It must identify the person to pay with reasonable certainty."
      So why is it still on checks? Why not just say, "Pay..." and the person's name? 
     Black's explains that too, in its definition of "Check, n. A draft drawn upon a bank and payable on demand." It continues later with the Federal Reserve Board's definition of a check, ending: "It must contain the phrase 'pay to the order of.'"
    And so they do. "Order" is on checks, part of a phrase that is an obligatory legalism. As to why we're still using checks ... it aids record keeping, and is useful under certain circumstances: handing some money to someone without resorting to Zelle or Venmo or whatever the e-banker of the moment happens to be.