Diplomatic

Diplomatic in United Kingdom

History of Diplomatic in England

For the study of diplomatic in England, material exists in two distinct series of documents, those of the Anglo-Saxon period, and those subsequent to the Norman Conquest.

The Anglo-Saxon kings appear to have borrowed, partially, the style of their diplomas from the chanceries of their Frankish neighbours, introducing at the same time modifications which give those documents a particular character marking their nationality. In some of the earlier examples we find that the lines of the foreign style are followed more or less closely; but very soon a simpler model was adopted which, while it varied in formulas from reign to reign, lasted in general construction down to the time of the Norman Conquest. The royal charters were usually drawn up in Latin, sometimes in Anglo-Saxon, and began with a preamble or exordium (in some instances preceded by an invocation headed with the chrismon or with a cross), in the early times of a simple character, but, later, drawn out not infrequently to great length in involved and bombastic periods.

Then immediately followed the disposing or granting clause, often accompanied with a few words explaining the motive, such as, for the good of the soul of the grantor; and the text was closed with final clauses of varying extent, protecting the deed against infringement, etc. In early examples the dating clause gave the day and month (often according to the Roman calendar) and the year of the indiction; but the year of the Incarnation was also immediately adopted; and, later, the regnal year also. The position of this clause in the charter was subject to variation. The subscriptions of the king and of the personages witnessing the deed, each preceded by a cross, but all written by the hand of the scribe, usually closed the charter.

A peculiarity was the introduction, in many instances, either in the body of the charter, or in a separate paragraph at the end, of the boundaries of the land granted, written in the native tongue. The sovereigns of the several kingdoms of the Heptarchy, as well as those of the United Kingdom, usually styled themselves rex. But from the time of Æthelstan, a.d. 825-840, they also assumed fantastic titles in the text of their charters, such as: rex et primicerius, rex et rector, gubernator et rector, monarchus, and particularly the Greek basileus, and basileus industrius. At the same time the name of Albion was also frequently used for Britain.

A large number of documents of the Anglo-Saxon period, dating from the 7th century, has survived, both original and copies entered in chartularies. Of distinct documents there are nearly two hundred; but a large proportion of these must be set aside as copies (both contemporary and later) or as spurious deeds.

Although there is evidence, as above stated, of the use of seals by certain of the Mercian kings, the method of authentication of diplomas by seal impression was practically unknown to the Anglo-Saxon sovereigns, save only to Edward the Confessor, who, copying the custom which obtained upon the continent, adopted the use of a great seal.

With the Norman Conquest the old tradition of the Anglo-Saxons disappeared. The Conqueror brought with him the practice of the Roman chancery, which naturally followed the Capetian model; and his diplomas of English origin differed only from those of Normandy by the addition of his new style, rex Anglorum, in the superscription. But even from the first there was a tendency to simplicity in the new English chancery, not improbably suggested by the brief formalities of Anglo-Saxon charters, and, side by side with the more formal royal diplomas, others of shorter form and less ceremony were issued, which by the reign of Henry II quite superseded the more solemn documents. These simpler charters began with the royal superscription, the address, and the salutation, e.g. Willelmus, Dei gratia rex Anglorum, N. episcopo et omnibus baronibus et fidelibus suis Francis et Anglis salutem.

Then followed the notification and the grant, e.g. Sciatis me concessisse, etc., generally without final clauses, or, if any, brief clauses of protection and warranty; and, at the end, the list of witnesses and the date. The regnal year was usually cited; but the year of the Incarnation was also sometimes given. The great seal was appended. To some of the Conqueror’s charters his subscription and those of his queen and sons are attached, written by the scribe, but accompanied with crosses which may or may not be autograph.

By the reign of John the simpler form of royal charters had taken final shape, and from this time the acts of the kings of England have been classified under three heads: viz.

  • Charters, generally of the pattern described above;
  • Letters patent, in which the address is general, Universis presentes litteras inspecturis, etc.; the corroborative clause describes the character of the document, In cujus rei testimonium has literas nostras fieri fecimus patentes; the king himself is his own witness, Teste me ipso; and the great seal is appended;
  • Close letters, administrative documents conveying orders, the king witnessing, Teste me ipso.

The style of the English kings down to John was, with few exceptions, Rex Anglorum; thenceforward, Rex Angliae. Henry II. added the feudal titles, dux Normannorum et Aquitanorum et comes Andegavorum, which Henry III. curtailed to dux Aquitaniae. John added the title dominus Hiberniae; Edward III., on claiming the crown of France, styled himself rex Angliae et Franciae, the same title being borne by successive kings down to the year 1801; and Henry VIII., in 1521, assumed the title of fidei defensor. The formula Dei gratia does not consistently accompany the royal title until the reign of Henry II., who adopted it in 1173 (see L. Delisle, Mémoire sur la chronologie des chartes de Henri II., in the Bibl. de l’École des Chartes, lxvii. 361-401).

Private deeds

The forms adopted in the royal chanceries were naturally imitated in the composition of private deeds which in all countries form the mass of material for historical and diplomatic research. The student of English diplomatic will soon remark how readily the private charters, especially conveyances of real property, fall into classes, and how stereotyped the phraseology and formulae of each class become, only modified from time to time by particular acts of legislation.

The brevity of the early conveyances is maintained through successive generations, with only moderate growth as time progresses through the 12th, 13th and 14th centuries. The different kinds of deeds which the requirements of society have from time to time called into existence must be learned by the student from the text-books. But a particular form of document which was especially in favour in England should be mentioned. This was the chirograph (Gr. χείρ, a hand, γράφειν, to write), which is found even in the Anglo-Saxon period, and which got its name from the word chirographum, cirographum or cyrographum being written in large letters at the head of the deed. At first the word was written, presumably, at the head of each of the two authentic copies which the two parties to a transaction would require.

Then it became the habit to use the word thus written as a tally, the two copies of the deed being written on one sheet, head to head, with the word between them, which was then cut through longitudinally in a straight, or more commonly waved or indented (in modum dentium) line, each of the two copies thus having half of the word at the head. Any other word, or a series of letters, might thus be employed; and more than two copies of a deed could thus be made to tally. The chirograph was the precursor of the modern indenture, the commonest form of English deeds, though no longer a tally. In other countries, the notarial instrument has performed the functions which the chirograph and indenture have discharged for us. (1)

Resources

Notes and References

  1. Encyclopedia Britannica (1911)

See Also

Further Reading


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