Legal Lore: Curiosities of Law and Lawyers — John Shaqi
Legal Lore: Curiosities of Law and Lawyers
History
Legal Lore: Curiosities of Law and Lawyers
Law -- Miscellanea
In the history of law, symbol and the traces of symbol meet us at every
turn. The middle ages teemed with them. Roman law had bequeathed not a
few. Perhaps the most wondrous of them all is one that has long ceased to
have any legal connection, although its mark is all-powerful over
civilisation. How daring was the imagination which prompted the choice,
for the heraldic badge of Christianity, of the dread emblem of capital
punishment by crucifixion! In the pure domain of the law of the early and
middle ages, a perfect wilderness of symbols presents itself to eyes which
strive to explore the origins of institutions.
Law is ever beset by a tendency towards formalism, and in early times a
severe insistence upon ceremony, no doubt, gave prominence and
prescriptive sanction to symbolic acts. Law and custom after all only mean
that the way things were done yesterday is the safest way of doing them
to-day. The acceptance of a common form implies a very large public
consent, which is equally necessary to its abrogation, once it is
accepted. No small part of its value lies in its certainty, "certainty
which," Coke well says, "is the mother of quiet and repose."
Hence the fixity and longevity of many emblematic methods of performing
acts affecting status or property rights. The constitution or discharge of
slavery, or the transfer of a slave from one master to another, had a
variety of set forms. A freeman might deliver himself to serfage by
putting a leathern thong upon his neck. When a church was the donee, the
ceremony might take place at the altar, and the man present himself there
with cords round his throat. "Thus he offered himself," says an old
record, "to the Almighty Lord." A coin or two on the head was also a
customary part of the process. In the manumission or liberation of the
slave, these coins struck off the head served the purpose of declaring him
free, as did the companion symbol of open doors, or the placing him at
four cross roads, and bidding him go whither he would. Another common
symbol of enfranchisement was the delivery of an arrow, thought to denote
the right confined to freemen of bearing arms.
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