I have noticed that every time a judge sentences someone to death sentence, he breaks his pen’s nib after signing his order.
So what is this act called? I mean any specific term or single word for this in the English language.
legalesephrasessingle-word-requeststerminology
I have noticed that every time a judge sentences someone to death sentence, he breaks his pen’s nib after signing his order.
So what is this act called? I mean any specific term or single word for this in the English language.
Best Answer
An 1844 translation of Wilhelm Meinhold, Mary Schweidler, The Amber Witch (1838) describes the conclusion of a trial for witchcraft that supposedly occurred in 1630 (the book was a piece of fiction but was presented as an old document discovered by the author, in the manner of James Macpherson's discoveries of the works of Ossian). First the judge pronounces the defendant guilty and condemns her to death. The book then continues:
A footnote to a new edition of that translation reports on the meaning of this breaking of the "wand" and then alludes to the custom that the OP asks about:
A genuine piece of old writing, The Hungarian Rebellion: Or, an Historical Relation of the Late Wicked Practises of Three Counts, Nadasdi, Serini, and Frangepani; ... (1672) has this:
Richard Evans, Rituals of Retribution: Capital Punishment in Germany, 1600–1987 (1996) mentions "the breaking of the wand of office" on three separate occasions as part of the ritual of juridical condemnation in a capital trial.
Chambers's Encyclopædia (1892) includes these comments in its entry for "Lord High Steward" (or rather ("Steward, Lord High"):
To similar effect, The Scots Magazine (January 1777) describes the funeral of Alexander Kincaid, Lord Provost of Edinburgh:
Thomas Mortimer, A New History of England, volume 1 (1763) mentions two occasions in 1399 when first the Duke of York and then the Earl of Worcester broke their "staff of office" to betoken his renunciation of fealty to Richard II. This suggests that the ritual breaking of the wand or staff or rod of office might be done as an act of rebellion or (as in the Scottish example) an act of closure.
A much more recent reference to the custom appears in Frontline, volume 15, issues 1–8 (1998):
Conclusion
It seems very likely that the ritual breaking of the nib of the pen used to sign a death warrant is an alteration of the much older custom in which the presiding judge would break a wand, staff, or rod of authority upon condemning a defendant to death—and that the breaking of that symbol of office symbolized the irrevocable nature of the decision.
Instances of this ritual appear in the 1600s in Hungary, in Germany at various periods, and in India in modern times. Although the breaking of the staff of office in Britain often signified the termination of a commission, it seems not unlikely that some similar ritual attended the condemnation of prisoners to death, since this would be the simplest way to connect the European tradition of nib breaking mentioned in the notes to The Amber Witch with the Indian use of the same judicial custom.
None of the sources I consulted had a special name for the ritual beyond (for example) "the breaking of the wand." Perhaps the nib-breaking form of the ritual doesn't have a unique name.