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
Gert than to the awtare bryng
Hys cumly sted off Araby
Sadelyd and brydelyd costlykly
Coveryd with a fayre mantlete
Off precyous and fyne welvet
Wyth his armwris off Turky
That pryncys than oysid generaly
And chesyd mast for thare delyte
Wyth scheld and spere off sylvyr qwhyt.
It was a special occasion, for Bishop Robert's appointment, which had led
to the grant, was a Scottish victory over the pretensions of the See of
York. There is an appeal to the imagination so strong in the scene, that,
in spite of the interval of 300 years betwixt the event and this oldest
record of it, one is slow to offer any criticism on the charger; more
especially as the entire verity of the silver spear is corroborated by
Walter Bower's enshrining in his Scotichronicon the fact that in the
fifteenth century it was doing duty as the shaft of the cross in the
Cathedral. Yet the unexampled symbol, coupled with the analogy from York
in 1175, compels the suggestion, that perhaps during these 300 years an
original _capellus_ have been mis-read as _caballus_, or mistaken for
Scottish _capul_, and thus by the magic of mistranslation, a king's cap
_may_ have been transmuted into an Arab steed.
Whilst of course a crown was the standard symbol of investiture for a
kingdom, inferior rights of principality were often typified by other
things, such as a sword, a spear, or a banner. And as feudal forms were
observed in the bestowal, so were they sometimes in the taking away.
England dispensed with several of her monarchs, but apparently in no case
was a deposition attended by the feudal solemnities. In Scotland when, in
1296, King John Balliol was pulled out of the throne by the same hands as
had placed him in it, Edward I. spared his vassal little of the indignity
of the situation. Balliol, deprived of his royal ornaments, with the
ermine stripped from his tabard, resigned his realm by the symbol of a
white wand.
Than this Jhon tuk a quhyt wand
And gave wp in till Edwardis hand
Off this Kynryk all the rycht.
No Scottish historian has noticed the absolute legal propriety of this,
and it is worth noticing. By contemporary law (_Britton_, ii., 22), _une
blaunche verge_ was the recognised symbol of disseisin by consent. The
thirteenth century was very particular, even in small things, about its
law. _Disseisin_, provided for by statute of 1429, in disputed successions
to real property, and known to Scotland as the breaking of seisin, was
symbolically affected--_frangendo discum_--by the curiously expressive act
of breaking a dish or dishes, with fire underneath.
Law under the Feudal System.
BY CUMING WALTERS.
Public-domain text, read in full here on John Shaqi.
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