Domesday Book and Beyond: Three Essays in the Early History of England

by Frederic William Maitland

For this purpose we may divide our charters into three periods. The first begins with the few genuine charters of the seventh century and ends in the reign of Egbert, the second endures until the reign of Edward the Elder, the third until the Norman Conquest. It will be well understood that we draw no hard line; each period has its penumbra; but the years 800 and 900 or 925 may serve to mark very rudely the two limits of the middle period. Now a clause in the body of the deed stating that the gift is made by the consent of the witan is characteristic of this middle period. Any one who wishes to forge a royal land-book of the ninth century should insert this clause; any one who wishes to forge a deed of the tenth or of the eighth century should think twice before he makes use of it. To be more exact, it becomes a common form under Cenwulf of Mercia and Egbert of Wessex; it grows very rare under Æthelstan[911]. In the meanwhile it serves as a common form, and it appears in deeds wherein the king says in forcible terms that he is disposing of his land and his inheritance[912]. During the last of our three periods all that is ascribed to the great men whose crosses follow the king’s cross is little, if anything, more than the function of witnesses. A deed of Æthelstan’s day will end with some such formula as the following: ‘this book was written at such a place and time, and its authority was confirmed by the witnesses whose names are written below.’ But very often there is no such concluding formula: we have simply the list of witnesses and their crosses, and of each of them it is said that he consented and subscribed. Later in the tenth century the formula which introduces the names of the witnesses will hardly admit that they in any sense confirmed the transaction; it will say merely, ‘This book was written on such a day his testibus consentientibus quorum nomina inferius caraxantur.’ On this will follow the names and crosses; and of each bishop—but not as a general rule of any other witness—it will be said that he has done something for the stability of the deed. To convey this information, the scribe rings the changes on a score of Latin words—subscripsi, consensi, consolidavi, corroboravi, confirmavi, conscripsi, consignavi, adquievi, praepinxi, praepunxi, praenotavi, and so forth, thereby showing that he has no very clear notion as to what it really is that the bishop does. But this degradation of what seems to be a formula of assent into a formula of attestation has been noticed by others[913], and it is more to our purpose to examine the charters of the earliest period, for then, if at any time, the folk-land should have appeared in its true character as the land of the people.

Attestation of the earliest books.

Now during our earliest period instruments which contain in conjunction with their operative words any allusion to the consent of the great men of the realm are exceedingly rare[914]. A commoner case is that in which the eschatocol says something about consent. We will collect a few examples.

I have confirmed this with the sign of the holy cross with the counsel of Laurence the bishop and of all my principes and have requested them to do the like[915].

I have impressed the sign of the holy cross and requested fit and proper witnesses to subscribe[916].

I have confirmed this gift with my own hand and have caused fit and proper witnesses, my companions (commites), to confirm and subscribe[917].

This formula, undoubtedly of foreign origin, was common in Kent[918]. From Wessex and the middle of the eighth century, we twice obtain a fuller form.

These things were done in such a year; and that my munificent gift may be the more firmly established (firmius roboretur) we have associated with ourselves the fit and proper witnesses and ‘adstipulators’ whose names and descriptions are set forth below to subscribe and confirm this privilege of the aforesaid estate (praedictae possessionis privilegium[919]).

More frequently however the document has nothing that can be called a clause of attestation. It simply gives us the names and the crosses of the witnesses. Occasionally over against each name, or each of the most important names, is set some word or phrase describing this witness’s act. He has subscribed, or he has consented, or he has consented and subscribed, or perhaps he has confirmed[920].

Confirmation and attestation.