or similar expressions. If that consent were withheld, the king’s grant
would be invalid. There was a case of this sort. Baldred, king of Kent,
had given to Christ Church, Canterbury, the manor of Malling, in the
county of Sussex; but the king having offended his nobles, they refused
to ratify his grant, and therefore the grant had not taken effect until
King Egbert, in 838, with his counsel assembled at Kingston-upon-Thames,
restored the manor to the Church through the action of Archbishop
Ceolnoth.[96]
If the king himself received a grant of folcland, he had first to receive
the consent of his Witan. Ethelwulf booked twenty hides of folcland to
himself in his private capacity, but he had the consent of his Witan;[97]
Offa did the same.
When folcland was appropriated to the king’s subsistence, that is, to
the maintenance of his household, court, etc., it was said to be held
_in demesne_, or let out to farm; afterwards called Terra Regis, or
crownland. A great part of the “Terra Regis” of Domesday was folcland,
or public property of the State, and the king was only the usufructuary
possessor. We have an important definition of Terra Regis at page 75
of the “Exon Domesday,” viz., “The demesne land of the king _belonging
to the kingdom_,” and we find a similar definition in the “Exchequer
Domesday.”[98]
In dealing with Ethelwulf’s charters, it is essentially necessary to
state Mr. Kemble’s six canons of tests by which the Saxon charter may not
only be distinguished from a will or the record of a synodal decree, but
whether it is spurious.
These canons are (1) The Invocation; (2) The Proem; (3) The Grant; (4)
The Sanction; (5) The Date; (6) The Teste.
(1) The Invocation is a short ejaculation which usually forms the first
member of the document. (2) The Proem is a general observation on the
virtue of charity to the Church, the nothingness of earthly possessions,
and the advantage of purchasing with them heavenly treasures. (3) The
Grant, which is the important part of every charter. (4) The Sanction,
by which is meant the punishment attached to the violation of the
premises. It is called the “Si quis” clause. (5) The Date. (6) The Teste
or Subscriptions. In almost all ecclesiastical documents the witnesses
subscribed with their own hands.[99]
ETHELWULF’S CHARTERS.
In Ethelwulf’s Charters we have all these points. I shall omit 1, 2, and
4, and give here 3, 5, and 6.
Public-domain text, read in full here on John Shaqi.
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