Legal Definitions - quaerens non invenit plegium

Quaerens non invenit plegium is a historical legal phrase from Law Latin, meaning "the plaintiff did not find a pledge."

Historically, this phrase was a formal report made by a sheriff to a court. It indicated that a plaintiff, who was attempting to initiate a lawsuit, had failed to provide the necessary financial security or guarantee (the "pledge") required to proceed with their legal claim. In certain historical legal systems, plaintiffs were sometimes mandated to offer a pledge to ensure they would diligently pursue their case and to cover potential court costs or damages if their claim was unsuccessful or deemed frivolous. If the plaintiff was unable to secure this required pledge, the sheriff would return this phrase to the court, effectively preventing the lawsuit from moving forward.

Here are some examples illustrating this historical concept:

• Example 1: A Dispute Over Property Boundaries

  Imagine a medieval farmer, Elara, wishing to sue her neighbor, Thomas, over a disputed boundary line that she believes encroaches on her land. To prevent frivolous lawsuits and ensure that Elara would seriously pursue her claim, the local lord's court issues a writ requiring her to provide a pledge of a certain value. This pledge would act as security for court fees and potential damages if her claim proved unfounded. However, Elara, having recently suffered a poor harvest, cannot find anyone in the village willing to act as her guarantor or provide the required security. When the sheriff attempts to secure the pledge, he finds Elara unable to comply and reports back to the court with the declaration: quaerens non invenit plegium. This means Elara's lawsuit cannot proceed.

• Example 2: A Merchant's Claim for Unpaid Debts

  Consider a 17th-century merchant, Mr. Davies, who seeks to recover a significant debt from a defaulting customer. The local magistrate, wary of vexatious litigation and keen to ensure that only serious claims occupy court time, issues an order requiring Mr. Davies to provide a substantial pledge. This pledge would guarantee his commitment to the lawsuit and cover the defendant's costs if Mr. Davies's claim were to fail. Despite his business, Mr. Davies's assets are currently tied up in inventory and outstanding invoices, making it impossible for him to quickly raise the required security. The sheriff, tasked with confirming the pledge, reports to the court that Mr. Davies "did not find a pledge" (quaerens non invenit plegium), thereby suspending the debt recovery proceedings until such security could be furnished.

• Example 3: A Complaint of Personal Injury

  In a historical context, a villager named John claims he was injured due to the negligence of a wealthier landowner. To prevent a poor plaintiff from initiating a potentially baseless claim against a more powerful individual, the court demands a pledge from John. This pledge would ensure John's commitment to the legal process and protect the landowner from undue legal expenses if John's claim lacked merit. John, being a common laborer with no significant assets or influential friends to stand as surety for him, is unable to provide the required pledge. The sheriff, upon attempting to secure this guarantee, must inform the court that John "did not find a pledge," using the phrase quaerens non invenit plegium. Consequently, John's complaint cannot be formally heard by the court.