By Samuel Edmund Thorne
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Nos. 518, 519. 26 Essays in English Legal History Piety, simple or filial, usually made the monks' task an easy one, but to make the matter more certain the donor might solemnly order his heirs to respect his gift,45 or set his curse on the head of any future heir who should attempt to destroy it. 46 After the third quarter of the century the heir's charter becomes less a new grant and more a confirmation, the verb " confirmo " rather than " concedo," for reasons that will become plain in a moment, becoming ever more usual.
55 But as the tenant's proprietary interest grows, the lord's interest becomes incorporal. He has a right to the services for which the tenant is enfeoffed, he is seised of a seignory, of the homage and service of his tenant, but no longer of the land; the tenant is seised of that, he is seised in demesne, he is its owner. Similarly, what the tenant holds is no longer his lord's fee but his own. As an addicio to Bracton, written after the middle of the thirteenth century, says, when the lord's tenant B has alienated a portion of his land to another, who has entered into it, that other has not entered into the lord's fee, but into B's, for the lord has nothing in B's fee except his service.
Conventio facta est. . Tune Adam (the donor) de equo suo descendens et accepto uno ex lapidibus in via jacentibus dedit in manum episcopi in eignurn et confirmationem hujus relictionis, sub praesentia horum test mm. . ' Though it is by no means clear, there is some support for the view that the document itself might be considered a symbol whose transfer would effectuate investiture : see the summary of Brunner's work in Wigmore, Treatise on Evidence (1923) § 2426; Hazeltine, Introduction in Whitelock, Anglo-Saxon Wills (1930) xxxii-xxxv; 1 Freundt, Wertpapiere im antiken und friihmittelalterlichen Eechte (1910) 189-92; Tangl, Urkunde und Symbol in Festschrift Heinrich Brunner (1910) 761.