Provisional Drogereit pdf

(p. 371) It contains individual wording despite the legal terminology used. The typical
sections are:
“cuidam adoptivo fideli….
dignatus sum largiri…
ubi vulgares prisco usu moralique relatione…
(The wording is changed if insignificantly.)
ut hec prospere possideat…
post se autem veluti affirmavimus… derelinquat.
The Immunity clause has a distinctive beginning:
“Fiat etenim prefata terra ab omni servili iugo libera…”
The Sanction varies. In the first case we have the “Glacier Sanction” 111 as well as
another form, but each time it starts with “Denique vero si quis non optantibus…”
Compared with Ae. A., besides the changed part in the context 112 , the rue form is new
here:
“…nisi prius irriguis penitencie gemitibus in pura emendatione emendaverit.”
Ae. B reformulates the boundary clause:
“Istis terminibus predicta terra circumgirata esse videtur.”
The boundary clause now always starts as follows:
“This synt tha langemaero to… Aerest…”
(In the event of any deviations – and with Ae. B this is the case – these may certainly
be considered copy errors on reference to the original of that time and the large
number of copies originating from the cartularies which have the same wording.)
The dating reads:
“Acta est prefata donatio anno ab incarnatione domini nostri Ihesu Christi…
Indictione…”
This Acta line is the same for all three charters i.e. it appears under Aethelstan and
Eadmund. The most significant thing here is the omission of the Witan’s consent and
the replacement of the “Scripta” with the “Acta”. The royal section of the transfer
thus appears to be more greatly emphasised, as the “Acta” would have taken place
before the king 113 , whereas the “Scripta” could also be completed by the recipient. As
both date and location are omitted, unfortunately no itinerary can be produced.
111 This Glacier Sanction was pointed out even by Hall, loc sit, p. 198. It is not, however, necessary for
it to be based on an actual event, as it may have come from the patristic literature, where there are
ample examples for us to imagine the punishment of being frozen in ice. We have to thank the
publisher, Prof. Hecht, for this information.
112
This format: “…nisi…emendaverit” is typical of the papal charters. (see J Studtmann, loc sit, p.
272).
113 For this issue please refer to Excursus 1.
371