The ninth century witnessed the rapid rise of the kings of Wessex and the decline of the power of Mercia. [253] In the early years of the century Mercia was governed by King Cenwulf, who is represented by a great number of charters and other documents. His charters are usually without proems. They continue the characteristics of Offa's charters, using the future tense in the operative clauses, although not exclusively. We have already referred to his Kentish charter of 799, [254] which is remarkable for its retention of Roman formulas. He subscribes Kentish charter propria manu, but this comes to be the only Roman element in the Kentish charters, which cease to be drawn up differently to the Mercian charters. A few instances, however, occur during the century of the Kentish use of the second person singular for the donee. [255] The taste for lengthening the invocation continues. We have in Cenwulf's charters '+ In nomine Dei excelsi, Qui est spes omnium finium terra et in mare longe'. [256] There are also instances of the use of a true invocation, followed by a long defining clause such as '+ In nomine Sancti Salvatoris Dei et domini nostri Jhesu Christi. Regnante ac gubernante eodem domino Jhesu, simulque Spiritu Sancto gubernacula in imis et in arduis disponendo ubique regit', followed by a proem. [257] This defining or explanatory clause formed the model of the invocation of the later charters until the end of the O.E. period. There are other Mercian invocations that contain formulas or remarkable words that were borrowed by the compilers of the later charters. Indeed these latter are clearly developments from the Mercian charter. These latter early in the ninth century begin to afford specimens of the expansion of sentences by the use of unnecessary words, [258] such as introducing the name of the estate by clauses like 'in loco, quam (sic) ruricolae Seleberhting lond solent clamare', in 815; 'quod ab incolis terre illius nominatur at Sceldes forda', 824 for 834; 'in illo famoso loco qui appellatur', etc. [259] The use of such periphrases is a marked characteristic of the later charters. The Mercian diplomas of this century evince an inclination for the use of high-sounding words, and Greek words are occasionally used. These are the beginnings of the characteristics of the later charters. Offa already uses the word caraxare, an adaptation of the Greek <mmmm> in the sense of 'write'. This was a not uncommon Low Latin verb, and it is perhaps hardly fair to quote it except as an instance of the preference for recondite words. The Mercian charters also shew signs of the use of fixed formulas. Offa's diplomas, although not strictly formal, afford evidence of the use of sets of fixed formulas. There were several formulas in use for the various clauses of his instruments, just as was the case in the tenth and eleventh centuries.
Our attention must now be directed to the West Saxon charter, for this century witnessed the extinction of the other kingdoms, and the course of events showed that the West Saxon kings were destined to become monarchs of England. Their triumphant progress began with the ninth century, the reign of Ecgberht commencing in the year 802. We do not know much of the charters of this king, for most of the texts ascribed to him come from Winchester and carry with them marks of their spurious nature. There is only one charter preserved in what claims to be the original form. [260] It is dated 830, and it seems to be in [a] somewhat later hand. But it is Mercian in form, with no proem. There is a charter of his dated 823, an error for 828, preserved in the Textus Roffensis, a chartulary of the highest character, that we may accept as genuine. [261] This again is Mercian in form. If we compare it with the original charter of Wiglaf of Mercia in 831 we notice several agreements in formulas, especially in the anathema. [262] There is a short Kentish charter of his in 838 that also seems to be genuine. This is also on the Mercian, not on the Kentish model. We may therefore conclude that this king imitated the charters of the Mercian kings.
Ecgberht's son Æthelwulf continued the Mercian model, and his charters show clearly the regular use of set formulas. [263] In particular the anathema contains clauses that continued in use until the end of the O.E period. Some of these clauses were used by Ecgberht. Many spurious charters were fathered upon Æthelwulf. They contrast strongly with the genuine ones. It is difficult to believe in the authenticity of the charters relating to his well known 'donation' of a tenth of his land for pious purposes, which has been wrongly brought in to connexion with the system of tythes, and has even been suggested as the source of the glebe owned by parish churches. The charters of Æthelwulf's sons present no material changes. The son that we would fain know most about is represented by only one charter that we can feel any confidence in. It is curious that the one Old English king best known to the ordinary Englishman, the king who is still the 'darling of the English' should have left so little record in the shape of charters, and that the authors of spurious charters should have so seldom devoted their attention to him. It is otherwise than by diplomas that the great Alfred has graved his name so deeply in English history. In the history of law, of language, and of literature he occupies a proud and foremost place, and he can well afford to see his importance in English diplomatic eclipsed by a Cenwulf, an Æthelwulf, or even an Offa.