Statute merchant

Statute merchant

STATUTE MERCHANT and STATUTE STAPLE; two old forms of security, long obsolete in English practice, though references to them still occur in some modern statutes.

The former security was first created by the Statute of Acton Burnell (1283) and amplified by the Statute of Merchants (1285) whence its name and the latter by an act of 1353, which provided that in every staple (i.e. public mart) the seal of the staple should be sufficient validity for a bond of record acknowledged and witnessed before the mayor of the staple. They were originally permitted only among traders, for the benefit of commerce, but afterwards extended by an act of Henry VIII (1532) to all subjects, whether traders or not. The creditor under either form of security was allowed to seize the goods and hold the lands of a defaulting debtor until satisfaction of his debt. While he held the lands he was termed tenant by statute merchant or by statute staple. In addition to the loss of his goods and lands the debtor was liable to be imprisoned. Statute merchant, owing to the summary method of enforcing payment, was sometimes known as pocket judgment. Both were repealed by the Statute Law Revision Act 1863.


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  • Statute merchant — Statute Stat ute ( [ u]t), n. [F. statut, LL. statutum, from L. statutus, p. p. of statuere to set, station, ordain, fr. status position, station, fr. stare, statum, to stand. See {Stand}, and cf. {Constitute}, {Destitute}.] 1. An act of the… …   The Collaborative International Dictionary of English

  • statute merchant — See De Mercatoribus; estate by statute merchant …   Ballentine's law dictionary

  • statute merchant — noun Etymology: Middle English statut marchand, from Anglo French estatu marchaund, literally, merchant statute : a bond of record formerly in use in England giving the creditor power to seize the property of the debtor for failure to pay at a… …   Useful english dictionary

  • estate by statute merchant — The interest or estate of the creditor in land conveyed to him under the statute 13 Edward I, De Mercatoribus, and therefore called a statute merchant. This conveyance was by way of security to be held by the creditor as tenant by statute… …   Ballentine's law dictionary

  • tenant by statute merchant — See estate by statute merchant …   Ballentine's law dictionary

  • Statute — Stat ute ( [ u]t), n. [F. statut, LL. statutum, from L. statutus, p. p. of statuere to set, station, ordain, fr. status position, station, fr. stare, statum, to stand. See {Stand}, and cf. {Constitute}, {Destitute}.] 1. An act of the legislature… …   The Collaborative International Dictionary of English

  • Statute book — Statute Stat ute ( [ u]t), n. [F. statut, LL. statutum, from L. statutus, p. p. of statuere to set, station, ordain, fr. status position, station, fr. stare, statum, to stand. See {Stand}, and cf. {Constitute}, {Destitute}.] 1. An act of the… …   The Collaborative International Dictionary of English

  • Statute cap — Statute Stat ute ( [ u]t), n. [F. statut, LL. statutum, from L. statutus, p. p. of statuere to set, station, ordain, fr. status position, station, fr. stare, statum, to stand. See {Stand}, and cf. {Constitute}, {Destitute}.] 1. An act of the… …   The Collaborative International Dictionary of English

  • Statute fair — Statute Stat ute ( [ u]t), n. [F. statut, LL. statutum, from L. statutus, p. p. of statuere to set, station, ordain, fr. status position, station, fr. stare, statum, to stand. See {Stand}, and cf. {Constitute}, {Destitute}.] 1. An act of the… …   The Collaborative International Dictionary of English

  • statute fair — Statute Stat ute ( [ u]t), n. [F. statut, LL. statutum, from L. statutus, p. p. of statuere to set, station, ordain, fr. status position, station, fr. stare, statum, to stand. See {Stand}, and cf. {Constitute}, {Destitute}.] 1. An act of the… …   The Collaborative International Dictionary of English

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