The practice is, I find, alluded to, incidentally, by Giraldus Cambrensis, who tells us that the Welsh "Adeo fidei fœdus, aliis inviolabile gentibus, parvipendere solent, ut non in seriis solum et necessariis, verum in ludicris, omnique fere verbo firmando, dextræ manus ut mos est porrectione, signo usuali dato, fidem gratis effundere consueverint." Here the point of the complaint is that they made light of this solemn practice, indulging in it freely on every occasion instead of reserving it for important matters. The existence of this archaic "fidei fœdus" as the formal confirmation of a contract is, of course, of the greatest interest. It still lingers on, not only with us, but abroad. In San Marino (Italy), for instance, "sales are conducted with much animation. Two sturdy proprietors stand back to back.... A third party stands between the two; ... he pulls one by the shoulder, the other by an elbow, and finally by an apparently acrobatic feat he unites their hands" ("A Political Survival," Macmillan's, January, 1891, p. 197). In the Lebanon, we are told by a well-informed writer: "A few months ago I had occasion to enter into a business contract with one of my Druse farmers. When we were about to draw up the agreement, the Druse suggested that, as he could neither read nor write, we should ratify the bargain in the manner customary among his people. This consists of a solemn grasping of hands together in the presence of two or three other Druses as witnesses, whilst the agreement is recited by both parties.... Accordingly, the farmer brought three of his neighbours to me; and the terms of our contract having been made known to them, one of them took the right hand of each of us and joined them together, whilst he dictated to us what to say after him" ("The Druses," Blackwood's, January, 1891, pp. 754, 755). With us, Gerald would be grieved to hear, the ancient form survives not only for the bargain but the bet, though it only continues in full vigour as the sign of the marriage contract, where "the minister ... shall cause the man with his right hand to take the woman by her right hand, and to say after him as followeth,"—even as the Druses, we have seen, make their contracts to-day, and as the Empress Maud sealed her own seven centuries ago.[1119]
The allusion by the Empress to the "Christianitas Angliæ" refers doubtless to the fact that the breach of such "affidatio" would constitute a "læsio fidei," and would thus become a matter for the jurisdiction of the courts Christian. It was indeed on this plea that these courts claimed to attract to themselves all cases of contract, a claim against which, it is necessary to explain, an article (No. 15) of the Constitutions of Clarendon (1164) was specially directed.[1120]
[1113] "Invadiavit Rotbertus de Belueer pro sex libris Cenomannensium, terram suam quam dederat uxori sue in dotem, ipsa bene hoc concedente, Philippo fratri insuper fide sua in manu Johannis filii Bigoti illud idem sororem suam tenere assecurante" (fol. 116).
[1114] Ed. Pipe-Roll Society.
[1115] "Hiis testibus, Ranulfo vicecomite, Bertha vicecomitissâ, Matilda filia ejus."
[1116] "Hæc dicens vertit se ad comitem Albemarlensem, dataque dextera, 'Do,' inquit, 'fidem quia hodie aut vincam Scottos aut occidar a Scottis.' Quo similiter voto cuncti se proceres constrixerunt" (Æthelred of Rievaulx).
[1117] "Episcopus Wintonie in manu archiepiscopi Cantuarensis coram episcopis affidavit quod si ego decederem castra Wintonie ... Duci redderet."
[1118] "Hunc supradictam conventionem ... affidavit idem Comes (sic) in manu domini Cantuarensis archiepiscopi ... sine malo ingenio tenendam; et cum eo Comes Gloucestrie.... Similiter et dominus episcopus Sarum affidavit in manu ejusdem Legati," etc. (Sarum Charters and Documents, pp. 22, 23).
[1119] Compare the old English term "Handfasting." The law in Austria, it is said, still recognizes the clasping of hands as a formal contract.
[1120] "Placita de debitis, quæ fide interposita debentur, ... sint in justitia regis."