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Legal Definitions - salvus plegius
Definition of salvus plegius
Salvus plegius is a historical legal term derived from Law Latin, meaning a "safe pledge" or a "satisfactory pledge." It refers to a form of guarantee or security that was considered reliable, sufficient, and trustworthy to ensure the fulfillment of an obligation or the appearance of an individual.
In essence, when a salvus plegius was provided, it meant that the person or item offering the guarantee was deemed entirely dependable, leaving no doubt that the promised action would occur or the debt would be paid.
Example 1: Guaranteeing Appearance in Court
Imagine a scenario in a historical legal system where an individual accused of a minor offense needed to be released from custody while awaiting trial. Instead of being held in jail, a respected member of the community, such as a wealthy merchant or a prominent landowner, might offer themselves as a salvus plegius. This meant they personally guaranteed the accused would appear in court on the appointed date. The court would accept this pledge because the guarantor was known for their integrity and financial stability, making their promise a "safe" and "satisfactory" assurance of the accused's future presence.
Example 2: Securing a Loan or Debt
Consider a historical commercial transaction where a craftsman needed to borrow funds to purchase materials for a large project. To secure the loan, the craftsman might offer a valuable piece of property, like a workshop or a significant tool, as a salvus plegius to the lender. Alternatively, a reputable guild or another wealthy individual might co-sign the loan, acting as the "safe pledge." This guarantee would assure the lender that their money was protected, either by an asset of clear and sufficient value or by a guarantor whose financial standing was beyond question, thus making the security "satisfactory."
Example 3: Ensuring Contractual Performance
In medieval contract law, if a builder promised to construct a specific structure by a certain deadline, the client might require a salvus plegius to ensure the work would be completed as agreed. A master builder from a reputable guild, or a local noble with significant resources, could provide this pledge. They would guarantee that if the original builder failed to complete the project on time or to the required standard, they would either step in to finish the work or compensate the client for any losses. This pledge was considered "safe" because the guarantor's reputation and resources made it highly probable that the contractual obligations would ultimately be met.
Simple Definition
Salvus plegius is a historical Latin legal term meaning "safe pledge" or "satisfactory pledge." It referred to a reliable and acceptable guarantee provided in legal contexts, and was also known as certus plegius.