Even a short account of legal symbols would make a very large treatise.
Single instances such as the ring, the staff, the glove, and the horn
would each furnish material for an elaborate monograph. The theme would
call for a discussion of the great war of investitures, and would touch
very many points of ecclesiastical, civil, and criminal law and history.
The scope of the present unambitious article is only directed to a few
illustrations in relation to the transfer of land, the act of divesting
the old proprietor and clothing the new with his rights. Although such
symbols usually had a connexion with the subject conveyed, there are many
types in which that connexion is not readily traceable. Why for example
amongst the Saxons should a resignation of all interest in an estate have
been made by a gesture with curved fingers? One can understand why a sod
should be so often a token, but why does the glove play so large a part in
Merovingian and Carolingian conveyancing? Was it, indeed, as German
scholars speculate, because the donor metaphorically took it off and the
donee put it on, making his the covered hand, the _vestita manus_, that
would defend the land conveyed? How came an eleventh century magnate to
attest his renunciation of justiciary rights to a monastery "by cutting
off the top of the silk band by which his fur robes were fastened to his
breast, and with that segment re-investing three monks therein?" In this
case a portion of that silken band was carefully sewn up, as an adminicle
of evidence, in the writ recording the transaction. How again came it that
a claim of feudal service might be departed from by the delivery and
placing of a wand (_virgula_) upon the altar? All these are much more
personal symbols than real. They are mainly guarantees of the grantor's
good faith. They do not seem to be primarily emblems of possession. The
contrast between these two classes will be best appreciated by considering
types of the latter.
When a purchaser proceeded to set up fresh boundary marks, or to take a
spade and dig, or when he received delivery of a sod with grass or
shrubbery upon it, or lifted from the ground the charter granted by the
seller with amongst other things a sod laid thereon, the act of seisin,
the formal occupation is visibly completed. Of this class of symbol, the
sod (_cespes_) is probably the best and most typical for a few words of
illustration. We read of litigants laying judicial claim to land in the
mall or public court by putting their spears into a sod, representative of
the subject in dispute. We hear of the sods being cut in the shape of
bricks, and of their being preserved as memorials, with the twigs growing
in and incorporated with them. We hear of sods offered on the altar when
the grant of land was being made to a church. We hear of transfer from one
vassal to another being accomplished by the grantor delivering the sod to
the over-lord, and the latter passing it on to the grantee.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account