Canonum De Ius Rex
Canons of Sovereign Law

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2.10 Anglo-Saxon Law Form

Article 117 - Convenia (Covenant)

Canon 6350 (link)

A Convenia (Covenant) or “venia” for short, is a formal instrument and style of agreement or “pact” first formed under the Carolingians from the 8th Century CE as the primary means by which all legal and lawful property transactions and conveyances were to be made.

Canon 6351 (link)

The word convenia (covenant) created by the Carolingians in the 8th Century CE is derived from the Latin con meaning “with” and venia meaning “favor, permission, kindness, grace, esteem or forgiveness”.

Canon 6352 (link)

In accordance with the standards of Scriptura invented by the Carolingians in the 8th Century, the original version of the Convenia (Covenant) was to be given to the immediate cancellocum of the region or manor as the official archives with the parties then each receiving an authorized copy or “certificate” of the original. A Covenant not recorded in this manner, was not considered valid.

Canon 6353 (link)

Since its invention in the 8th Century CE, all valid Convenia (Covenant or Venia) have been required to possess the eight (8) essential elements Incipio (Beginning), Oratio (Prayer), Exordio (Introduction), Condicio (Conditions), Decretio (Decree), Obsignio and Insignio, Testificatio (Attestation) and Acceptio (Acceptance):

(i) Incipio (Beginning) at the very top of the instrument, usually in majuscule (capitals) being Omnibus Christi fidelibus ad quos presents littere peruenerint <> salutem sempiternam meaning “To all the faithful of Christ to whom these present letters shall come <> everlasting greeting; and

(ii) Oratio (Prayer) as the opening words before any actual gift, grant or permission being Graciam quam a deo gracis accepimus libenter fidelibus populis dispensare cupientes omnibus uere confessis contritis meaning “By the Grace of God, from whom all favors are gladly accepted by the faithful, desiring then to dispense (them) to (those/one) who confess true contrition”; and

(iii) Exordio (Introduction) being the introductory sentence or words indicating a summary of the grant or conveyance, or simply the word grant is made; and

(iv) Condicio (Conditions) being the listing of any conditions, obligations and terms of performance, by Roman numeral (if any) to the grant or conveyance outlined by the first three (3) elements; and

(v) Decretio (Decree) being the decree that the instrument had been handed (delivered) to become public notice also known as “patenting” being In cuius rei testimonium has litteras nostras fieri fecimus patentes meaning “In Witness whereof we have caused these our Letters to be made patents (public notice)”; and

(vi) Obsignio of the official authorizing the instrument being their sign, or official seal; and

(vii) Insignio of the inventor or scriptor, also known as the “signati recordis” being usually a wax seal of their distinguishing mark, seal, badge, decoration or name connected by red and/or gold cord to the linen; and

(viii) Testificatio (Attestation) being the testification of the maker that it is their wish reflected in the covenant being Teste me ipso apud <> then date in Latin meaning “Witness myself at the place <> date”; and

(ix) Acceptio (Endorsement) of the party receiving the gift, usually on the back of the instrument with the Latin word acciputur meaning “it is accepted” handwritten and then their insignio and any obsignio if they possess a seal or symbol. This is the source of the modern concept of endorsement.

Canon 6354 (link)

In accordance with the standards of Scriptura invented by the Carolingians in the 8th Century, if the fundamental form of a Convenia (Covenant) was defective, the instrument itself would be defective legally and lawfully.

Canon 6355 (link)

In accordance with the standards of law defined by Instatutum (Institutions) by the Carolingians from the 8th Century, all forms of agreement such as Convenia (Covenant), Carta (Charter) or other Pacts were subject to sixteen (16) principles (maxims) of law:

(i) In bona fide meaning "(all agreements are made) in good faith"; and

(ii) Forma legalis forma essentialis meaning "Legal form is essential form"; and

(iii) A verbis legis non est recedendum meaning "(in agreements) from the language of the law there must be no departure"; and  

(iv) Dictum meum pactum meaning meaning "my spoken word [is] my covenant"; and

(v) Pacta sunt servanda meaning meaning "agreements are to be kept"; and

(vi) Conventio non vincit legem meaning "an agreement can not overcome the law"; and

(vii) Nemo contra factum suum venire potest meaning "no man may contradict his own agreement"; and

(viii) Cujus est dare ejus est disponere meaning "he who has a right to give, has the right to dispose of the gift"; and

(ix) Locum pactum regit actum meaning "The place of the agreement governs the act"; and

(x) Pactum nulla res est non valet meaning "An agreement of a non-existent thing is not valid"; and

(xi) Nihil oritur in consensu sine conditiones meaning "No action arises on an agreement without conditions"; and

(xii) Mala grammatica non vitiat pactum meaning "Bad grammar does not vitiate an agreement"; and

(xiii) Consensus facit pactum meaning "Consent makes the agreement (valid)"; and

(xiv) Nemo tenetur ad impossibile meaning "No one is bound to an impossibility"; and

(xv) Nemo est, nisi sciat cum quod convenit meaning "no one is present unless he knows with what he agrees"; and

(xvi) Nemo potest sibi devere meaning "No one can owe to himself".

Canon 6356 (link)

From their inception in the 8th Century CE, Convenia (Covenant) and associated rules of form were almost wholly restricted to the noble classes. Agreements between a noble and their vassals in turn were managed through a detailed entry in the Maner Role as to the purpose of the record, any special terms of the lease and some kind of mark as agreement of the tenant.

Canon 6357 (link)

As the original of all valid Convenia (Covenant) were supposed to be stored safely at a cancellocum (archive), one who claimed possession (right of use) of land or property by convenia (covenant) was required to produce their copy of the convenia (covenant) in any legal dispute. Failure to produce a copy and the failure to find the original rendered such claim to the property null and void.

Canon 6358 (link)

While the Carolingian empire collapsed at the end of the 9th Century, the format and use of Convenia (Covenant) continued until major changes were instituted under Tedaldo Visconti of Venice as Pope Gregory X (1271-1276) at the end of 1275:

(i) Visconti issued a papal bull (now missing) that declared “usury” or the charging of interest a mortal sin for any Christian punishable by death and forbid various khazar merchants and guilds from providing services other than those who had “converted”; and

(ii) King Edward I of England and Wales (1272-1307), King Rudolph I (Habsburg) of Germany (1273-1291) began forcible seizing of property and began expulsions of Medici (Florence), Genovisi (Italian) and Sephardi (Spanish) Khazar bankers while granting exclusive access to the Venetians as servi camerae regis ("serfs of the royal treasury”); and

(iii) The issue of Convenia (Covenants) were restricted now as “Indulgentia” or simply “indulgences” issued and “sold” by the church; and

(iv) A new statuted form of agreement based on similar elements of a convenia (covenant) was introduced called a “deed” from de ed in Latin meaning “edition of <name>” as a registered published instrument.