The commonest conveyancing symbol for land in England was the formal
delivery of turf or twig of the ground conveyed, made by a representative
of the grantor, to a representative of the grantee. The most familiar in
Scotland was the handing over of "earth and stone." This latter was the
normal form of seisin, and its history goes far back, not only in
Scotland, but on the continent as well. A curious Saxon legend attests
this. Widukind narrates that some Saxons, having landed from their ships
in Thuringia, one of them, wearing a golden torque and bracelets, met a
Thuringian, who asked if he would sell his ornaments. The sly Saxon
entered into an odd transaction; the Thuringian gave him in exchange for
his gold, a lapful of soil. The Thuringians rejoiced exceedingly over the
smart bargain their countryman had made, but changed their tune when soon
afterwards the Saxons claimed the land as theirs, purchased with their own
gold, and by force of arms made good the demand.
Our chronicles have a good many stories about symbols. In the Norman
_Brevis Relatio_, a sketch of the origin of William the Conqueror, is told
of his grandfather, Duke Richard the Good, that once when staying at a
monastery, after prayer in the morning he laid a spindle on the altar.
Upon being asked what it meant, he named the manor which he had by so
homely a symbol bestowed for the good of his soul. When the infant William
came into the world, it was said,--and afterwards noted as prophetic--that
when they laid him down upon some straw, the little hands each clutched a
handful. Acquisitive tendencies were foreshadowed! The _Roman de Rou_
tells that in 1066, when William landed in England, he stumbled and fell,
an omen which for the moment disconcerted his followers, but rising with a
shout, he swore by the splendour of God that with his two hands he had
taken possession of the land. Prompt to catch the occasion, one of his men
ran forward to a cottage, tore a handful of thatch from the roof, and
passed it to his chief, with the cry, "Receive this
seisin,"--quasi-ceremonial words which with William's pious, "God be with
me," the curious may compare with the formalities of English livery in
deed, as described (sec. 59), in Coke upon Littleton.
Public-domain text, read in full here on John Shaqi.
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