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Legal Definitions - vadiare legem

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Definition of vadiare legem

Vadiare legem is a historical legal concept from medieval law, referring to a specific procedure a defendant in a debtlawsuit would undertake to prove they did not owe money. It literally means 'to wage law.' When a defendant chose to 'vadiare legem,' they would first provide a form of security or a pledge to the court. This pledge committed them to appear on an appointed day and perform a unique ritual known as 'making one's law.' This ritual involved two key steps:

  • The defendant would personally swear an oath in open court, affirming that the debt in question was not owed.
  • Crucially, the defendant also had to bring a specific number of 'compurgators' (often eleven) – individuals who would then swear their own oaths, not to the facts of the debt itself, but to their belief in the defendant's honesty and the truthfulness of their oath.

If the defendant successfully completed both parts of this ritual, they would typically be absolved of the debt.

Examples:

Example 1: The Farmer and the Unpaid Grain
A farmer, Elara, is accused by a miller, Thomas, of failing to pay for a large quantity of grain delivered months ago. Elara denies the debt. To avoid paying, she chooses to vadiare legem. She provides a small piece of land as security to the court, pledging that on the appointed day, she will swear an oath that she paid Thomas in full. She also promises to bring eleven respected members of her village who will swear they believe Elara is an honest person and would not lie under oath. This illustrates Elara giving security (the land) and pledging to perform the oath-taking ritual with compurgators to clear herself of the debt.

Example 2: The Merchant and the Disputed Shipment
A merchant, Sir Reginald, is sued by a supplier for an alleged unpaid balance on a shipment of imported spices. Sir Reginald claims he paid the full amount upon delivery. Sir Reginald opts for vadiare legem. He places a valuable silver goblet with the court as a pledge. On the designated court day, he solemnly swears before the judge that he has no outstanding debt to the supplier. Following his oath, he presents eleven fellow merchants from his guild, who each take an oath, affirming their belief in Sir Reginald's integrity and the veracity of his statement. This shows the merchant providing security (the goblet) and then fulfilling the two-part requirement: his own oath denying the debt, followed by the oaths of his compurgators supporting his credibility.

Example 3: The Innkeeper and the Unsettled Tab
An innkeeper, Martha, is accused by a local brewer of not paying for several barrels of ale delivered to her establishment. Martha insists she settled the account with the brewer's assistant. Martha decides to vadiare legem. She offers a portion of her weekly earnings as security, promising to appear in court. On the appointed day, she takes an oath, declaring that she has no outstanding debt to the brewer. She then brings eleven regular patrons and neighbors, known for their good standing in the community, who individually swear that they trust Martha's word and believe her oath to be true. This example demonstrates Martha providing security (future earnings) and then performing the required ritual of her own oath and the supporting oaths from her compurgators to resolve the debt dispute.

Simple Definition

Vadiare legem was a historical legal practice where a defendant in a debt action would provide security, promising to "wage law." This meant the defendant would appear in court on a specific day to swear an oath that the debt was not owed, and bring eleven compurgators to swear they believed the defendant's oath.

It is better to risk saving a guilty man than to condemn an innocent one.

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