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Provisional Drogereit pdf

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(p. 409) on Aethelstan C, the latter on Eadmund B (see p. 382), Eadmund B is the first<br />

one that we definitely recognise as having drawn up documents relating to gifts of<br />

crown estate.<br />

In contrast to Type III his charters now have the “Acta” in the eschatological protocol.<br />

This was not dropped until Ae. C. who, when taking over the crucial wording of the<br />

Dispositive section, first produced this distinct form of charter which began with the<br />

“Anno . .”<br />

We must further remember that Eadmund C had been taught by Eadmund B and<br />

initially wrote these charters on crown estate gifts with the usual “Acta”; later,<br />

however, he took over the Landboc type designed by Ae. C and even dropped the<br />

consensus mentioned in it. As we cannot anticipate any fooling around here, the<br />

scribes drawing up their charters in too sensible a manner, we must seek an<br />

explanation for this action.<br />

It seems to us that the most likely reason is because Eadmund B, and Eadmund C<br />

while he was still learning, produced the charters following on from the discussions,<br />

and they probably listened to the Acta themselves and considered it necessary.<br />

Aethelstan C, on the other hand, was probably commissioned to undertake the<br />

documentation later, so he completed the land book as a simple commentary in the<br />

manner of the synodal laws, which was only to adhere to the decision of the<br />

Witanagemot. He then replaced the Acta with the Scripta, which seemed more<br />

appropriate to him in this case.<br />

The rules that have been proclaimed for drawing up a charter, can only have been<br />

determined by a central authority; if there had been coincidental recipient-produced<br />

charters everywhere, we could not expect there to be such a system.<br />

Now as Liebermann had overlooked the stipulations “terra numinis mei” (C. S. 780)<br />

and “terra potestatis mei” (C. S. 781), he named the crown land “terra iuris mei” or<br />

“terra publici iuris” 167 . Consequently, there remains one further problem for us; for<br />

Ae. C only wrote two types of charter, one of which was for gifts of state-owned land.<br />

Types I and II above must then have come from Ae.C. He actually referred to the land<br />

in the charters of the other diplomatic simply “ . . . mansas” and then also “mansas<br />

iuris mei”. While according to our study we have to equate “mansas iuris mei” with<br />

“terra hareditatis mei”, we have evidence to offer that the Liebermann thesis does not<br />

always have to agree with “terra iuris mei”.<br />

Stubbs 168 and Maitland 169 are of the opinion that “terra iuris mei”<br />

167 F. Liebermann, Gesetze (Laws) II 2 , Bocland 22e (p. 327) and Assembly p. 73.<br />

168 W. Stubbs, loc sit, p. 145 Note 3: “Occassionally a king made a grant out of his private estate.<br />

Dabo et concedo aliquam partem terrae iuris mei.”<br />

169 F. Maitland, Domesday Book, p. 231.<br />

409

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