Page:EB1911 - Volume 08.djvu/319

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302
DIPLOMATIC
  

development and arrangement of their formulae and in their methods of execution.

All such medieval deeds are composed of certain recognized members or sections, some essential, others special and peculiar to the most elaborate and solemn documents. A deed of the more elaborate character is made up of two principal divisions: 1. the Text, in which is set out the object of Structure of medieval diplomas.the deed, the statement of the considerations and circumstances which have led to it, and the declaration of the will and intention of the person executing the deed, together with such protecting clauses as the particular circumstances of the case may require; 2. the Protocol (originally, the first sheet of a papyrus roll; Gr. πρῶτος, first, and κολλᾶν, to glue), consisting of the introductory and of the concluding formulae: superscription, address, salutation, &c., at the beginning, and date, formulae of execution, &c., at the end, of the deed. The latter portion of the protocol is sometimes styled the eschatocol (Gr. ἔσχατος, last, and κολλᾶν, to glue). While the text followed certain formulae which had become fixed by common usage, the protocol was always special and varied with the practices of the several chanceries, changing in a sovereign chancery with each successive reign.

The different sections of a full deed, taking them in order under the heads of Initial Protocol, Text and Final Protocol or Eschatocol, are as follows:—The initial protocol consists of the Invocation, the Superscription, the Address and the Salutation. 1. The Invocation, lending a character of sanctity to the proceedings, The Invocation.might be either verbal or symbolic. The verbal invocation consisted usually of some pious ejaculation, such as In nomine Dei, In nomine domini nostri Jesu Christi; from the 8th century, In nomine Sanctae et individuae Trinitatis; and later, In nomine Patris et Filii et Spiritus Sancti. The symbolic form was usually the chrismon, or monogram composed of the Greek initials ΧΡ of the name of Christ. In the course of the 10th and 11th centuries this symbol came to be so scrawled that it had probably lost all meaning with the scribes. From the 9th century the letter C (initial of Christus) came gradually into use, and in German imperial diplomas it superseded the chrismon. Stenographic signs of the system known as Tironian notes were also sometimes added to this symbol down to the end of the 10th century, expressing such a phrase as Ante omnia Christus, or Christus, or Amen. From the Merovingian period, too, a cross was often used. The Superscription.The Address.The symbol gradually died out after the 12th century for general use, surviving only in notarial instruments and wills. 2. The Superscription (superscriptio, intitulatio) expressed the name and titles of the grantor or person issuing the deed. 3. The Address. As diplomas were originally in epistolary form the address was then a necessity. While in Merovingian deeds the old pattern was adhered to, in the Carolingian period the address was sometimes omitted. From the 8th century it was not considered necessary, and a distinction arose in the case of royal acts, those having the address being styled letters, and those omitting it, charters. The general form of address ran in phrase as Omnibus (or Universis) Christi fidelibus presentes litteras inspecturis. 4. The Salutation was expressed in such words as Salutem; The Salutation.Salutem et dilectionem; Salutem et apostolicam benedictionem, but it was not essential.

Then follows the text in five sections: the Preamble, the Notification, the Exposition, the Disposition and the Final Clauses. 5. The Preamble (prologus, arenga): an ornamental introduction generally composed of pious or moral sentiments, a prefatio ad captandam benevolentiam which facit ad ornamentum, degenerating into The Preamble.
The Notification.
The Exposition.
The Disposition.
The Final Clauses.
tiresome platitudes. It became stereotyped at an early age: in the 10th and 11th centuries it was a most ornate performance; in the 12th century it was cut short; in the 13th century it died out. 6. The Notification (notificatio, promulgatio) was the publication of the purport of the deed introduced by such a phrase as notum sit, &c. 7. The Exposition set out the motives influencing the issue of the deed. 8. The Disposition described the object of the deed and the will and intention of the grantor. 9. The Final Clauses ensured the fulfilment of the terms of the deed; guarded against infringement, by comminatory anathemas and imprecations, not infrequently of a vehement description, or by penalties; guaranteed the validity of the deed; enumerated the formalities of subscription and execution; reserved rights, &c.

Next comes the final protocol or eschatocol comprising: the Date, the Appreciation, the Authentication. It was particularly in this portion of the deed that the varying practices of the several chanceries led to minute and intricate distinctions at different periods. 10. The Date. By the Roman law The Date.every act must be dated by the day and the year of execution. Yet in the middle ages, from the 9th to the 12th century, a large proportion of deeds bears no date. In the most ancient charters the date clause was frequently separated from the body of the deed and placed in an isolated position at the foot of the sheet. From the 12th century it commonly followed the text immediately. Certain classes of documents, such as decrees of councils, notarial deeds, &c., began with the date. The usual formula was data, datum, actum, factum, scriptum. In the Carolingian period a distinction grew up between datum and actum, the former applying to the time, the latter to the place, of date. In the papal chancery from an early period down to the 12th century the use of a double date prevailed, the first following the text and being inserted by the scribe when the deed was written (scriptum), the second being added at the foot of the deed on its execution (actum), by the chancellor or other high functionary. From the Roman custom of dating by the consular year arose the medieval practice of dating by the regnal year of emperor, king or pope. Special dates were sometimes employed, such as the year of some great historical event, battle, siege, pestilence, &c. 11. The Appreciation. The feliciter of the The Appreciation.Romans became the medieval feliciter in Domino, or In Dei nomine feliciter, or the more simple Deo gratias or the still more simple Amen, for the auspicious closing of a deed. In Merovingian and Carolingian diplomas it follows the date; in other cases it closes the text. In the greater papal bulls it appears in the form of a triple Amen. Benevalete was also employed as the appreciation in early deeds; but in Merovingian diplomas and in papal bulls this valedictory salutation becomes a mark of authentication, as will be noticed below. 12. The Authentication was a The Authentication.solemn proceeding which was discharged by more than one act. The most important was the subscription or subscriptions of the person or persons from whom the deed emanated. The laws of the late Roman empire required the subscriptions and the impressions of the signet seals of the parties and of the witnesses to the deed. The subscription (subscriptio) comprised the name, signature and description of the person signing. The impression of the signet (not the signature) was the signum, sometimes signaculum, rarely sigillum. The practice of subscribing with the autograph signature obtained in the early middle ages, as appears from early documents such as those of Ravenna. But from the 7th century it began to decline, and by the 12th century it had practically ceased. In Roman deeds an illiterate person affixed his mark, or signum manuale, which was attested. The cross being an easy form for a mark, it was very commonly used and naturally became connected with the Christian symbol. Hence, in course of time, it came to be attached very generally to subscriptions, autograph or otherwise. Great personages who were illiterate required something more elaborate than a common mark. Hence arose the use of the monogram, the caracter nominis, composed of the letters of the name. The emperor Justin, who could not write, made use of a monogram, as did also Theodoric, king of the Ostrogoths. Those Merovingian kings, likewise, who were illiterate, had their individual monograms; and at length Charlemagne adopted the monogram as his regular form of signature. From his reign down to that of Philip the Fair the monogram was the recognized sign manual of the sovereigns of France (see Autographs). It was employed by the German emperors down to the reign of Maximilian I. The royal use of the monogram was naturally imitated by great officers and ecclesiastics. But another form of sign manual also arose out of the subscription. The closing word (usually subscripsi), written or abbreviated as sub., or ss. or s., was often finished off with flourishes and interlacings, sometimes accompanied with Tironian notes, the whole taking the shape of a domed structure to which the French have given the name of ruche or bee-hive. Thus in the early middle ages we have deeds authenticated by the subscription, usually autograph, giving the name and titles of the person executing, and stating the part taken by him in the deed, and closing with the subscripsi, often in shape of the ruche and constituting the signum manuale. If not autograph, the subscription might be impersonal in such form as signum (or signum manus) + N. In the Carolingian period, while phrases were constantly used in the body of the deed implying that it was executed by autograph subscription, it did not necessarily follow that such subscription was actually written in person. The ruche was also adopted by chancellors, notaries and scribes as their official mark. While autograph subscriptions continued to be employed, chiefly by ecclesiastics, down to the beginning of the 12th century, the monogram was perpetuated from the 10th century by the notaries. Their marks, simple at first, became so elaborate from the end of the 13th century that they found it necessary to add their names in ordinary writing, or also to employ a less complicated design. This was the commencement of the modern practice of writing the signature which first came into vogue in the 14th century.

To lend further weight and authority to the subscription, certain symbols and forms were added at different periods. Imitating, the corroborative Legi of the Byzantine quaestor and the Legimus of the Eastern emperors, the Frankish chancery in the West made use of the same form, notably in the reign of Charles the Bald, in some of whose diplomas the Legimus appears written in larger letters in red. The valedictory Benevalete, employed in early deeds as a form of The Benevalete.appreciation (see above), appears in Merovingian and in early Carolingian royal diplomas, and also in papal bulls, as an authenticating addition to the subscription. In the diplomas it was written in cursive letters in two lines, Bene valete, just to the right of the incision cut in the sheet to hold fast the seal, which sometimes even covered part of the word. In the most ancient papal bulls it was written by the pope himself at the foot of the deed.