Legal Definitions - ley gager

Ley gager is a historical legal term referring to a procedure where a defendant in certain types of cases would provide a guarantee or security to the court. This guarantee ensured they would appear on a specified future date to perform a "wager of law."

A "wager of law" was a medieval defense mechanism where the defendant would swear an oath of innocence and present a number of "oath-helpers" (also known as compurgators) who would also swear that they believed the defendant's oath was truthful. The ley gager was essentially the defendant's commitment, backed by some form of security, to undertake this specific form of proof to clear their name.

Here are some examples illustrating how ley gager might have applied:

• Imagine a medieval village where a local merchant is accused by a customer of failing to deliver a promised quantity of wool. If the merchant denied the claim, the court might allow him to resolve the dispute through a "wager of law." To ensure the merchant would appear on the designated court day with his oath-helpers, the court could demand a ley gager. This might involve the merchant depositing a valuable item, such as a silver brooch or a written promise from a respected guild member, as security. If the merchant failed to show up or couldn't produce the required number of oath-helpers, he would forfeit the security and likely lose the case by default.

  This illustrates the merchant (defendant) providing security (silver brooch/guild promise) to guarantee his appearance and performance of the "wager of law" on a specific date.

• Consider a dispute between two farmers over the ownership of a stray cow. One farmer claims the cow is his, while the other, who found it, denies the claim of ownership. In a historical court, the farmer accused of wrongful possession might be permitted to clear his name through a "wager of law." The court would then require a ley gager, perhaps a pledge of a portion of his next harvest or a bond from a trusted neighbor. This bond would guarantee that the farmer would present himself on the designated court day, ready to swear his innocence and bring forward his oath-helpers to support his claim.

  Here, the farmer (defendant) offers a pledge (harvest portion/neighbor's bond) as security to ensure he fulfills his obligation to "make law" through the wager.

• Suppose a landlord accused a tenant of failing to pay rent for a specific period. The tenant, disputing the amount or even the fact of non-payment, might be granted the opportunity to resolve the matter through a "wager of law." To ensure the tenant's compliance with this procedure, the court would demand a ley gager. This could be a sum of money, a valuable tool, or even a promise backed by his family's reputation, ensuring he would attend court on the set date and perform the ritual swearing of his innocence with his chosen oath-helpers.

  This example shows the tenant (defendant) providing a form of security (money/tool/family promise) to guarantee his presence and participation in the "wager of law" on the appointed day.