Definition
Latin phrase meaning "by the living voice." A term from old English law denoting testimony, examination, or other legal proceedings conducted orally, in person, rather than by written instrument. Functionally equivalent to the more commonly encountered phrase *viva voce*, with which it is used interchangeably in historical sources. The phrase captures a foundational principle of common law procedure: that certain acts — particularly giving witness testimony or casting a vote — carry greater legal weight and reliability when performed through direct, spoken communication.
Common Confusion
Per vtvam vocem and viva voce are the same phrase rendered differently. The variation in spelling reflects the orthographic conventions of medieval Latin manuscripts, where the letter "u" and "v" were not consistently distinguished. Researchers encountering *per vtvam vocem* in a primary source should treat it as identical in meaning to *viva voce* and consult all secondary literature under the latter form. Do not treat the two as distinct legal terms.
Why It Matters in Research
This term will almost never appear in modern legal texts. Its relevance is confined almost entirely to medieval English legal materials, particularly sources from the thirteenth century and earlier. Researchers working in that period should be aware of several navigational challenges.
First, the spelling is unstable. Manuscript sources from this era use interchangeable u/v orthography, meaning the term may appear as *per vtvam vocem*, *per vivam vocem*, or in abbreviated forms depending on the scribe and century. Any search of digitized primary sources should account for this variation.
Second, the operative term for substantive research is *viva voce*, not *per vtvam vocem*. All major historical and modern dictionaries, treatises, and secondary literature index this concept under *viva voce*. Researchers who encounter *per vtvam vocem* in a primary source and search for it by that exact form will find almost nothing. The research trail leads immediately to *viva voce*.
Third, the underlying concept — oral versus written legal acts — has substantial historical depth and connects to broader questions about literacy, evidentiary practice, and procedural formalism in medieval common law. The preference for oral testimony in common law courts, the evolution of examination practices, and the eventual rise of written depositions are all part of this story. The phrase itself is a marker pointing toward that larger inquiry.
Fourth, Bracton is the primary source cited in connection with this term. Bracton's *De Legibus et Consuetudinibus Angliae* (folio 95) is the reference anchor for this phrase in historical legal dictionaries. Researchers should consult Bracton directly when tracing the term's use in thirteenth-century English law.
Historical Dictionary Support
Black's Law Dictionary (2nd Ed., Supplemental) provides the only significant historical dictionary entry for this precise form of the phrase. The entry is brief: it identifies the term as Latin, situates it in old English law, defines it as "by the living voice," equates it explicitly with *viva voce*, and cites Bracton folio 95. There is nothing more in the entry, and that brevity is itself informative — the term was not independently significant enough to earn a full entry in the main volume. It appears in supplemental form as a cross-reference and spelling variant, not as a standalone legal concept.
Historical dictionaries generally do not treat *per vtvam vocem* as a term of art separate from *viva voce*. The substantive doctrine — the legal and procedural significance of oral communication — is developed entirely under *viva voce* in Bouvier, Black's main volume, and similar references. Researchers should not expect independent doctrinal development under the *per vtvam vocem* form.
Jurisdictional Note
This is a term of medieval English law. It has no independent jurisdictional life in American, Scottish, or civil law traditions. The concept it expresses — oral examination or testimony — survives in modern law under different terminology entirely.