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Legal Definitions - hasta

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Definition of hasta

The term hasta refers to a historical legal symbol, primarily used in two distinct contexts:

  • In ancient Roman law, hasta signified a public auction. This type of sale was traditionally indicated by a spear planted in the ground, marking the location where goods or property were being offered for sale to the highest bidder.

    • Example 1: Roman Public Sale
      Imagine a bustling marketplace in ancient Rome where the city authorities needed to sell off surplus grain from a recent harvest. To announce the official public auction, a magistrate would have a spear prominently driven into the ground in the forum. This visible symbol, the hasta, would signal to all citizens that a formal sale was about to begin, inviting them to bid on the grain. The presence of the spear legally designated the event as a public auction sanctioned by the state.

  • Historically, particularly in feudal systems, hasta was also a symbol used during the investiture of a fief. Investiture was the formal ceremony where a lord granted land (a fief) or authority to a vassal, and a symbolic spear could represent this transfer of rights and responsibilities.

    • Example 2: Feudal Land Grant
      Consider a powerful medieval duke who wished to grant a strategic castle and its surrounding lands to a loyal knight in exchange for military service. During the formal investiture ceremony, the duke might hand the knight a small, ceremonial spear, or touch a spear to the ground within the castle walls. This act, using the hasta as a symbol, would legally and publicly confirm the transfer of the fief, signifying the knight's new authority and ownership over the granted territory.

Simple Definition

In Roman law, "hasta" referred to a spear placed in the ground, which symbolized a sale by auction; the phrase "hasta subicere" meant to put something up for auction. Historically, it also served as a symbol used to invest a fief.

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