Legal Definitions - fides facta

Fides facta refers to a historical practice, particularly among early Germanic peoples like the Franks and Lombards, where an agreement or promise was formally confirmed and guaranteed through a symbolic, physical act. This act served as a public pledge of faith, signifying that the parties were bound by their word and that the transaction or commitment was complete and trustworthy.

Here are a few examples illustrating fides facta:

• Imagine a scenario in a historical village where two individuals agree on the sale of a small plot of land. Instead of a written deed, the seller might formally hand the buyer a small, distinctive stone taken directly from the property in front of community witnesses. This act of giving and receiving the stone would constitute the fides facta, publicly symbolizing the transfer of ownership and the seller's pledge of good faith that the land now belongs to the buyer.

• Consider a historical betrothal ceremony. Before the widespread use of formal marriage licenses, a couple might publicly declare their intent to marry and then, as a symbolic act, break a piece of bread together and share it, or perhaps intertwine their hands over a communal fire. This shared act would be the fides facta, serving as a public and binding pledge of their commitment to each other, witnessed by the community.

• In a feudal context, when a vassal pledged loyalty and service to a lord, a common fides facta involved the vassal kneeling before the lord and placing their hands, palms together, between the lord's hands. This specific physical gesture, often accompanied by an oral oath, symbolized the vassal's submission and the lord's acceptance, creating a binding bond of allegiance and protection without extensive written contracts.