Legal Definitions - invadiare

Invadiare is a historical legal term that refers to the act of pledging or mortgaging land. Essentially, it meant using a piece of land as security for a debt or obligation, much like how property is used as collateral in modern financial transactions. If the debt was not repaid, the person to whom the land was "invadiated" would have a claim over it.

Here are some examples to illustrate this historical concept:

• Imagine a medieval lord, Sir Alaric, who needed a substantial sum to repair his castle after a siege. He approached a wealthy merchant, Master Elias, for a loan. To secure the funds, Sir Alaric formally agreed to invadiare a specific village and its surrounding farmlands, which were part of his estate, to Master Elias. This meant the land served as collateral for the loan.

  This illustrates invadiare because Sir Alaric is pledging his land (the village and farmlands) as security for the debt he owes Master Elias. If Sir Alaric failed to repay the loan, Master Elias would have a legal claim over the pledged land, demonstrating the historical practice of mortgaging land.

• Consider a 17th-century farmer named Beatrice who wished to expand her operations by purchasing additional livestock and improving her irrigation system. Lacking immediate cash, she sought a loan from the local abbey. As collateral, Beatrice agreed to invadiare a specific parcel of her most fertile fields to the abbey, meaning these fields would serve as a guarantee for her repayment.

  Here, Beatrice is using her land as a pledge to secure a loan. The act of invadiare ensures that if she cannot repay the abbey, the abbey has a legal claim to the specified land, demonstrating the historical concept of using land as security.

• In the 15th century, the wealthy de Valois family needed to raise a significant sum to fund their son's education at a prestigious university abroad. To secure the necessary funds from a powerful guild, they formally agreed to invadiare a valuable forest they owned, which was known for its timber. This forest would serve as a guarantee that the loan for their son's education would be repaid.

  This example shows the de Valois family pledging their land (the forest) as security for a financial obligation (the loan for their son's education). The act of invadiare made the land collateral, ensuring the guild had recourse if the family defaulted on their repayment.