Legal Definitions - capitalis plegius

Capitalis Plegius

Capitalis plegius is a historical legal term that refers to a person who acted as the primary guarantor or surety for a group of individuals, typically within a small community or administrative unit. This individual was responsible for ensuring the good conduct of those under their charge and for presenting them to authorities if they committed an offense. Essentially, they were a community leader who held legal accountability for their group's adherence to the law.

Here are some examples to illustrate this concept:

• Imagine a medieval English village organized into small groups of households, often called "tithings." The designated leader of one such tithing would be the capitalis plegius. If a member of his tithing committed a minor crime, such as petty theft, the capitalis plegius was legally obligated to either produce the accused for the local court or face a penalty himself for failing to ensure the accused's appearance. This demonstrates his role as the chief guarantor for the group's lawful behavior.

• Consider a scenario where a group of villagers was required to attend a lord's court to provide testimony or resolve a dispute. The capitalis plegius for their specific group would formally act as the surety, guaranteeing to the court that all members under his charge would appear on the appointed day. If any individual failed to show up, the capitalis plegius would be held responsible by the court, potentially incurring a fine or other sanction. This highlights the "surety" aspect of the role, ensuring legal compliance.

• In a historical context focused on maintaining local peace, if a traveler was harmed or robbed within a particular administrative area, the capitalis plegius of that area would be expected to lead efforts to apprehend the culprit. If the perpetrator could not be found, the capitalis plegius and his group might even be held collectively responsible for compensating the victim. This illustrates the broader responsibility for maintaining order and acting as the primary pledge for justice within their jurisdiction.