Page:EB1911 - Volume 08.djvu/322

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DIPLOMATIC
305

owing to the general adoption of the Caroline minuscule writing, it began to fall and gradually became so unfamiliar to the uninitiated, that, while it still continued in use for papal bulls, it was found necessary to accompany them with copies written in the more intelligible Caroline script. The intricate, fanciful character, known as the Litera sancti Petri, was invented in the time of Clement VIII., A.D. 1592–1605, was fully developed under Alexander VIII., 1689–1691, and was only abolished at the end of the year 1878 by Leo XIII.

Of the chancery of the Merovingian line of kings as many as ninety authentic diplomas are known, and, of these, thirty-seven are originals, the earliest being of the year 625. The most ancient examples were written on papyrus, vellum superseding that material towards the end of the 7th Merovingian chancery.century. All these diplomas are technically letters, having the superscription and address and, at the foot, close to the seal, the valedictory benevalete. They commence with a monogrammatic invocation, which, together with the superscription and address written in fanciful elongated letters, occupies the first line. The superscription always runs in the form, N. rex Francorum. The most complete kinds of diplomas were authenticated by the king’s subscription, that of the referendarius (the official charged with the custody of the royal seal), the impression of the seal, and exceptionally by subscriptions of prelates and great personages. The royal subscription was usually autograph; but, if the sovereign were too young or too illiterate to write, a monogram was traced by the scribe. The referendary, if he countersigned the royal subscription, added the word optulit to his own signature; if he subscribed independently, he wrote recognovit et subscripsit, the end of the last word being usually lost in flourishes forming a ruche. The date gave the place, day, month and year of the reign. The Merovingian royal diplomas are of two classes: (1) Precepts, conferring gifts, favours, immunities and confirmations, entitled in the documents themselves as praeceptum, praeceptio, auctoritas; some drawn up in full form, with preamble and ample final clauses; others less precise and formal. (2) Judgments (judicia), which required no preamble or final clauses as they were records of the sovereign’s judicial decisions; they were subscribed by the referendary and were sealed with the royal seal. Other classes of documents were the cartae de mundeburde, taking persons under the royal protection, and indiculi or letters transmitting orders or notifying decisions; but no examples have survived.

The diplomas of the early Carolingians differed, as was natural, but little from those of their predecessors. As mayors of the palace, Charles Martel and Pippin took the style of vir inluster. On becoming king, Pippin retained it; Pippinus, vir inluster, rex Francorum, and it continued to be part Carolingian chancery.of the royal title till Charlemagne became emperor. The royal subscription was in form of a sign-manual or mark, but Charlemagne elaborated this into a monogram of the letters of his name built up on a cross. In 775 the royal title of Charlemagne became Carolus, gratia Dei rex Francorum et Langobardorum, ac patricius Romanorum, the last words being assumed on his visit to Rome in 774. On becoming emperor in 800, he was styled Imperator, Romanum gubernans imperium, rex Francorum et Langobardorum. It is to be noticed that thenceforth his name was spelt with initial K (as it was on the monogram), having previously been written with C in the deeds. Most of his diplomas were authenticated by the subscription of the chancellor and impression of the seal. A novelty in the form of dating was also introduced, two words, datum (for time) and actum (for place), being now employed. The character of the writing of the diplomas, founded on the Roman cursive hand, which had become very intricate under the Merovingians, improved under their successors, yet the reform which was introduced into the literary script hardly affected the cursive writing of diplomatic until the latter part of Charlemagne’s reign. The archaic style was particularly maintained in judgments, which were issued by the private chancery of the palace, a department more conservative in its methods than the imperial chancery. It was in the reign of Louis Debonair, A.D. 814–840, that the Carolingian diploma took its final shape. A variation now appears in the monogram, that monarch’s sign-manual being built up, not on a cross as previously, but on the letter H., the initial of his name Hludovicus, and serving as the pattern for successive monarchs of the name of Louis.

In the Carolingian chancery the staff was exclusively ecclesiastical; at its head was the chancellor, whose title is traced back to the cancellarius, or petty officer under the Roman empire, stationed at the bar or lattice (cancelli) of the basilica or other law court and serving as usher. As keeper of the royal archives his subscription was indispensable for royal acts. The diplomas were drawn up by the notaries, an important body, upon whom devolved the duty of maintaining the formulae and traditions of the office. It has been observed that in the 9th century the documents were drawn carefully, but that in the 10th century there was a great degeneration in this respect. Under the early Capetian kings there was great confusion and want of uniformity in their diplomas; and it was not until the reign of Louis VI., A.D. 1108, that the formulae were again reduced to rules.

The acts of the imperial chancery of Germany followed the patterns of the Carolingian diplomas, with little variation down to the reign of Frederick Barbarossa, A.D. 1152–1190. The sovereign’s style was N. divina favente clementia rex; after coronation at Rome he became imperator augustus.Imperial German chancery. At the end of the 10th century, Otto III. developed the latter title into Romanorum imperator augustus. Under Henry III., and regularly from the time of Henry V., A.D. 1106–1125, the title before coronation has been Romanorum rex. The royal monogram did not necessarily contain all the letters of the name; but, on the other hand, from the year 976, it became more complicated and combined the imperial title with the name. For example, the monogram of Henry II. combines the words Henricus Romanorum imperator augustus. The flourished ruches also, as in the Frankish chanceries, were in vogue. Eventually they were used by certain of the chancellors as a sign-manual and took fanciful shapes, such as a building with a cupola, or even a diptych. They disappear early in the 12th century, the period when in other respects the chancery of the Holy Roman Empire largely adopted a more simple style in its diplomas. Lists of witnesses, in support of the royal and official subscriptions, were sometimes added in the course of the 11th century, and they appear regularly in documents a hundred years later.

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 Diplomatic in England.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, &c. 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,