wand of peace

plural wands of peace

1. ScotlandhistoricallawA wand or staff with a silver tip which was given to an outlaw as a sign that they were restored to the king's or queen's peace; and also carried by a messenger of the monarch as a symbol of office, to be broken in protest in cases of deforcement (“resistance to the execution of the law”).

   And here, where I brake the wand of peace ower him—here I stand again—to bid God bless and prosper the just heir of Ellangowan, and will sune be brought to his ain; […]

   1815 February 24, [Walter Scott], chapter VII, in Guy Mannering; or, The Astrologer. […], volume III, Edinburgh: […] James Ballantyne and Co. for Longman, Hurst, Rees, Orme, and Brown, […]; and Archibald Constable and Co., […], →OCLC, page 135

   5 more examples

   A Respit maid to DONALD MAKLAUCHRANE, for art and part of the slauchter of Robert Fargussoun of Brakanside and Alexander Fargussoun, and for all uther actiouns, etc.,— […] To endure for xix zeris, etc.: With power to the schireffis of Edinburgh and Dumfreis to relesch him fra the horne and deliver him the wand of pece, etc.

   1511 December 8 (date written; Gregorian calendar), M[atthew] Livingstone, editor, Registrum Secreti Sigilli Regum Scotorum. The Register of the Privy Seal of Scotland […], volume I (A.D. 1488–1529), Edinburgh: H.M. General Register House, published 1908, →OCLC, paragraph 2338, page 355, column 2

   Meſſengers have as the Badge of their Office, a Blaſon bearing the Kings Armes, and a VVand of Peace if they bear not the Blaſon, […] [T]he VVand of Peace is that vvhereby they touch a Rebel, and declares him to be their Priſoner, and vvhen they are deforced, they uſe to break the VVand of Peace, […]

   1678, George Mackenzie, “Title XXVI. Deforcement.”, in The Laws and Customes of Scotland, in Matters Criminal. […], Edinburgh: […] Thomas Brown, one of His Majestie’s printers, →OCLC, paragraph III, page 259

   A Meſſenger, vvhen deforced, uſes to break his VVand of Peace, as a Symbol of the Deforcement, and proteſt for Remedy of Lavv. This Crime is Purſued only before the Court of Juſticiary.

   1730, William Forbes, “Of Crimes Concerning the Execution of Law and Justice. Tit[le] II. Of Deforcement.”, in The Institutes of the Law of Scotland. […], volume II, Edinburgh: […] John Mosman and Company, His Majesty’s printers, and sold by W. Brown and Mr. T. Herriot, […], and by Mr. A. Carmichael […], →OCLC, paragraph 3, page 207

   Meſſengers have ſometimes occaſion to take Inſtruments in the Hands of a Notary upon Deforcement in the Execution of their Office, and to proteſt, That the Reſiſters and Deforcers may be liable in the Pains of Lavv; […] vvhen this Opportunity cannot ſo vvell be had, his breaking his VVand of Peace in preſence of his Concurrences, and his ovvn Execution thereon, is ſufficient.

   1740, “Tit[le] IX. Of the Lesser, or Moveable Instruments. Sect[ion] III. Of Instruments of Protestation and Others Relating to Matters of Commerce and Business.”, in Ars Notariatus: Or, The Art and Office of a Notary-publick, as the Same is Practised in Scotland. […], Edinburgh: […] Sands, Brymer, Murray and Cochran; sold by A. Brymer, […], →OCLC, part II (Of Notarial Instruments of All Kinds), paragraph IX, page 261

   Deforcement being a crime which has a diſtinct punishment affixed to it, the meſſenger, it has been argued, when reſiſted, ſhould break his wand of peace, and proteſt for remeid of law, and is not juſtifiable in killing, unleſs he be ſeriously attacked with offenſive weapons.

   1806, Gilbert Hutcheson, “Of Constables”, in Treatise on the Offices of Justice of Peace; Constable; Commissioner of Supply; and Commissioner under Comprehending Acts, in Scotland; […], volume I, Edinburgh: […] William Creech, →OCLC, page 315