Definition
Latin. A vow or promise. In classical Roman law usage carried forward into medieval and early modern legal writing, *votum* denotes a solemn undertaking or pledge, typically of a religious or ceremonial character. The term appears in legal texts principally in the phrase *dies votorum* — the day of vows — used to designate the wedding day, reflecting the formal exchange of marital promises.
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Why It Matters in Research
*Votum* is an inert term in modern common law research. You will not encounter it in contemporary American or English statutes, court opinions, or procedural rules. Its practical significance is confined to two research contexts.
First, ecclesiastical and canon law materials. Medieval church courts administered marriage, vows of chastity, and monastic obligations — all framed in the vocabulary of *votum*. Researchers working in pre-Reformation ecclesiastical records, canon law treatises, or histories of marriage law will encounter the term in this doctrinal home. The distinction between a *votum simplex* (simple vow) and a *votum solemne* (solemn vow) was juridically significant in canon law: a solemn vow of chastity, for example, could render a subsequent marriage void rather than merely voidable. Common law materials largely absorbed the practical consequences of marital vows without retaining the Latin terminology.
Second, as a reading aid for early legal sources. Fleta — the late thirteenth-century English legal treatise cited by both Black's editions — is written in Latin throughout. Researchers consulting Fleta or similar sources on early marriage, property devolving through marriage, or dower rights may encounter *votum* and *dies votorum* in context. Knowing that *dies votorum* means the wedding day is necessary for correct translation; mistaking it for a dies juridicus or a court-appointed date would produce a substantive misreading.
The term does not have a live corpus footprint in American case law or modern statutory research databases. Searches in legal research platforms will surface only historical materials, dictionary references, and canon law scholarship.
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Historical Dictionary Support
Both Black's editions give identical, minimal entries: "A vow or promise. *Dies votorum*, the wedding day. Fleta l. 1, c. 4." The entries are purely definitional and make no attempt to situate *votum* within a doctrinal framework or distinguish its legal uses from ordinary religious usage. No divergence exists between the two editions — the second edition reproduces the first without revision.
What the historical dictionaries do not address is the canon law architecture behind the term. The *votum* in ecclesiastical jurisprudence was a technical category with consequences for the validity of vows, the capacity to marry, and the jurisdiction of church courts. Black's treats it as a vocabulary item rather than a legal concept, which is accurate for common law purposes but insufficient for anyone researching its substantive role in canon or civil law traditions.
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Encyclopedia Cross-Reference
See Law Mind Encyclopedia: Marriage (Historical and Ecclesiastical); Canon Law; Vow.
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