[921] Brunner, Rechtsgeschichte der Röm. u. German. Urkunde, pp. 220–8; Giry, Manuel de diplomatique, 614. Bede in his famous letter (ed. Plummer, i. 417) uses the technical astipulari to describe the action of the prelates who set their crosses to the king’s charters. It occurs also in a charter of 791, K. 1015 (v. 53–4). See also K. 691 (iii. 289), ‘constipulatores.’
[922] Brunner, op. cit. 158. Dr Brunner thinks that the precedents for A.-S. charters came direct from Rome rather than from any other quarter (p. 187); but he fully admits that these charters when compared with foreign instruments show a certain formlessness.
[923] Under our own law we may conceive a case in which a man would be compelled to die unwillingly intestate because one of the two people present at his death-bed capriciously refused to witness a will.
[924] The transition is marked by the following charters.—K. 104, 105, 108, 113, in these we have the mere rogation of fit and proper witnesses.—K. 114 (a Kentish deed which Kemble ascribes to 759–765), in this the clause of attestation speaks of the counsel and consent of the optimates and principes.—K. 118, Uhtred of the Hwiccas makes a grant with the consent and licence of Offa king of the Mercians and of his (Offa‘s) bishops and principes.—K. 120, the witnesses are described as condonantes.—K. 121, 122, (A.D. 774) the clause of attestation says ‘cum sacerdotibus et senioribus populi more testium subscribendo.’—K. 131, ‘testium ergo et consentientium episcoporum ac principum meorum signa et nomina pro firmitatis stabilimento hic infra notabo.’—A clause of this kind becomes common with Offa, see K. 134, 137, 138, 148, 151, but occasionally there are relapses and the signatories merely appear as ‘fit and proper’ or ‘religious’ witnesses. But it is not until after 800 that, save as a rare exception, the consent of the magnates is brought into connexion with the operative words.
[925] Bresslau, Urkundenlehre, i. 697.
[926] Bede’s letter to Egbert (ed. Plummer, i. 405) and his account of Benedict Biscop (ib. 364) show that it was expected of the king that he should provide land for young warriors of noble race; but no word implies that the land out of which the provision was to be made was ‘folk-land,’ nor is it clear that the young warrior was to have a book.
[927] See William’s charter for Fécamp, Neustria Pia, p. 224.
[928] A.D. 692–3, K. 35 (i. 39); B. M. Facs. i. 2: a grant by ‘Hodilredus parens Sebbi ... cum ipsius consensu’; ‘ego Sebbi rex Eastsaxonorum pro confirmatione subscripsi.’—A.D. 704, K. 52 (i. 59); B. M. Facs. i. 3: ‘Ego Sueabræd rex Eastsaxonorum et ego Pæogthath cum licentia Ædelredi regis.’—A.D. 706, K. 56 (i. 64), ‘Ego Æthiluueard subregulus ... consentiente Coenredo rege Merciorum.’—A.D. 721–46, K. 91 (i. 109), Æthelbald of Mercia attests a lease made by the bishop of Worcester.—A.D. 759, K. 105 (i. 128); B. M. Facs. ii. 2: three brothers, each of whom is a regulus, make a gift ‘cum licentia et permissione Regis Offan Merciorum.’—A.D. 767, 770, K. 117–8 (i. 144–5): two gifts by Uhtred, regulus of the Hwiccas, ‘cum consensu et licentia Offani Regis Merciorum.’—A.D. 791? K. 1016 (v. 54): ‘Ego Aldwlfus dux Suð-Saxonum ... cum consensu et licentia Offae regis Merciorum.’
[929] K. 113 (i. 137).
[930] K. 314 (ii. 112); 1067 (v. 127); Liber de Hyda, 57. On the death of Æthelbald, two of his sons, Æthelred and Alfred, seem to have made over the lands which had been devised to them by their father to Æthelbert, the reigning king, so that he might enjoy them during his life. Then again, on Æthelbert’s death, Alfred would not insist upon a partition but allowed his share to remain in the possession of Æthelred, the reigning king. See also Eadred’s will, Liber de Hyda, 153; he seems to have a good deal of land of which he can dispose freely.