Legal Definitions - legem vadiare

Legem vadiare is a historical legal practice, originating from Latin, which translates to "to wage law." It describes a specific method of defense used by a defendant, primarily in actions concerning debt, during medieval times.

Under this system, a defendant accused of owing money would offer a sworn denial of the accusation. This defense was unique because it did not rely on presenting factual evidence or documents to prove payment. Instead, the defendant's personal oath was considered valid if it was supported by a specific number of individuals, typically eleven, known as "compurgators" or "oath-helpers." These compurgators, often neighbors or respected members of the community, would also swear an oath, not to the facts of the case (i.e., whether they witnessed the debt being paid), but rather that they believed the defendant's oath to be true, based on their knowledge of the defendant's good character and honesty. If the defendant successfully presented this collective sworn defense with the required number of compurgators, they would be acquitted of the debt.

Here are a few examples to illustrate legem vadiare:

• A Farmer's Debt for Livestock: Imagine a medieval farmer, Agnes, is accused by a local landowner's steward of failing to pay for a cow she purchased months ago. Agnes insists she paid the agreed-upon sum in full. To defend herself in the manorial court, she might invoke legem vadiare. Agnes would appear before the court and solemnly swear an oath that she had indeed settled the debt. Crucially, she would bring eleven respected neighbors from her village who would then also swear that they believed Agnes's oath to be truthful, based on their long-standing knowledge of her honesty and integrity within the community. If the court accepted this collective sworn testimony, Agnes would be cleared of the debt. This scenario demonstrates legem vadiare as Agnes, the defendant in a debt action, makes a sworn defense supported by the character-based oaths of her neighbors, rather than presenting a receipt.
• A Merchant's Unpaid Loan: Consider a merchant, Robert, in a bustling medieval town, who is accused by a moneylender of defaulting on a significant loan. Robert claims he repaid the loan in full, but has no written proof, which was common in an era before widespread record-keeping. Faced with the moneylender's accusation in the town's guild court, Robert could choose to "wage law" (legem vadiare). He would stand before the court and swear that he had repaid the loan. To make his defense valid, he would need to present eleven fellow merchants or respected guild members who would then swear that they believed Robert's oath to be true, based on his established reputation for honesty and reliability in business dealings. Their oaths would attest to his trustworthiness, not to having witnessed the actual repayment. This example illustrates legem vadiare as Robert, the defendant in a debt dispute, uses a sworn defense validated by the character testimony of a specific number of respected community members, emphasizing credibility over direct evidence.