INVADIATUS

4 definitions found across Law Mind sources

INVADIATUSAuthored
The Law Mind • 743 words
Definition
A person who is under pledge; one for whom sureties or pledges have been given. In medieval legal usage, the term describes an individual whose release or standing before the law was secured by the provision of pledges on his behalf — others vouching for him or standing as surety for his appearance or conduct. Burrill further notes a secondary usage drawn from Ingulf as cited in Spelman: a person who has been acquitted (absolutus), suggesting the term could describe not only the condition of being under pledge but the outcome of a proceeding in which pledges played a central role.
Common Confusion
INVADIATUS should not be confused with INVADIANS or INVADIARE, which refer to the act of pledging or the party giving the pledge rather than the party received under pledge. The relationship is one of roles within the same transaction: invadiare is the act, invadians is the pledgor, and invadiatus is the person for whom the pledge is made. Researchers encountering any of these terms in medieval records should carefully identify which party is being described.
Why It Matters in Research
INVADIATUS is a term of medieval Latin law and will appear almost exclusively in pre-modern sources: Anglo-Norman legal records, ecclesiastical court documents, early English plea rolls, and antiquarian glossaries drawing on Spelman and Ingulf. Researchers working in the Law Mind corpus should treat it as a paleographic and terminological challenge rather than a living legal concept. The term belongs to a cluster of pledge-related vocabulary — invadiare, vadium, vadimonium — that operated at the intersection of criminal process, debt recovery, and property law in early English and continental medieval practice. Pledging as a mechanism of legal security was pervasive in this period, and the same Latin root (vadiare/wadium) underpins terms that survived into modern common law, including gage and wage (as in "wager of law"). Understanding invadiatus therefore requires familiarity with the broader vadium family of terms. The secondary meaning noted by Burrill — a person acquitted — is worth flagging. If Spelman's gloss drawing on Ingulfus is correct, the term may have carried a procedural sense tied to the resolution of the pledging process: one who, having been placed under pledge, was ultimately discharged. This meaning is not carried in the other dictionaries and should be treated cautiously; it may reflect a specific textual usage rather than a general definition. Researchers relying on this sense should go back to Spelman's Glossarium Archaiologicum directly rather than accepting the secondary-dictionary chain. No jurisdictional variation is practically relevant given the term's exclusively historical character.
Historical Dictionary Support
All four source dictionaries are in agreement on the core definition — a person under pledge, one for whom sureties have been given — and all trace the definition to Spelman's Glossarium Archaiologicum. This unanimity reflects the derivation of Black's (both editions) and Bouvier's from the same antiquarian authority rather than independent corroboration; researchers should understand that the definition rests on a single primary source. Burrill's entry is the most substantive. It identifies the Latin derivation from invadiare and provides the additional detail from Ingulfus (as cited in Spelman) that the term could also describe a person acquitted. Burrill's is the only dictionary in the set to flag this second meaning, and it does so with appropriate attribution rather than asserting it as settled definition. Black's and Bouvier's omit it entirely, which may reflect editorial caution or simply reliance on a narrower reading of Spelman. No historical dictionary in the set provides procedural context for how the pledging mechanism operated, nor do they situate the term within the broader corpus of medieval criminal or civil process. For that context, Spelman's Glossarium itself, along with Pollock and Maitland's History of English Law, remains essential background.
Related Terms
INVADIARE — the act of pledging; the root transaction from which invadiatus derives INVADIANS — the party giving the pledge VADIUM — the pledge itself; core term in medieval property and security law VADIMONIUM — a related Roman and medieval Latin term for a pledge or security given to appear in court GAGE — vernacular and later common-law descendant of the same vadium root SURETY — the modern functional equivalent of the pledgor relationship MAINPRISE — a related medieval mechanism for securing a person's appearance by pledge BAIL — the modern procedural institution that most closely parallels the function described by invadiatus
INVADIATUSmain
Black's Law Dictionary • 1891
One who is under pledge; one who has had sureties or pledges given for him. Spelman.
INVADIATUSmain
Black's Law Dictionary (2nd Ed.) • 1910
One who is under pledge; one who has had sureties or pledges given for him. Spelman.
INVADIATUSmain
Bouvier's Law Dictionary • 1928
One who is under pledge; one who has had sureties or pledges given for him. Spel. Glos.

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