Legal Definitions - arresto facto super bonis mercatorum alienigenorum

Arresto facto super bonis mercatorum alienigenorum is a historical legal term originating from Latin, which translates to "seizure of the goods of foreign merchants." It refers to a specific type of legal order or writ that authorized the confiscation of property belonging to foreign traders within a country's jurisdiction.

This action was not arbitrary; it served as a form of diplomatic leverage or compensation. It was typically invoked when goods belonging to the issuing country's own citizens, who were living or trading abroad, had been unlawfully seized or confiscated by authorities in a foreign land. Essentially, it provided a mechanism for a sovereign power to seek redress for its subjects by seizing assets of foreign nationals from the offending country, aiming to compel the return of the original goods or provide equivalent compensation.

Here are some examples illustrating how this historical legal concept would have applied:

• Example 1: Retaliation in a Trade Dispute

  Imagine a scenario in the 17th century where a ship carrying valuable textiles owned by an English merchant is unjustly impounded by port authorities in France, and the cargo is confiscated without proper legal process or compensation. If diplomatic efforts to recover the goods fail, the English Crown might issue an arresto facto super bonis mercatorum alienigenorum. This writ would then authorize English officials to seize an equivalent value of goods from French merchants trading in English ports, holding them until the original English cargo was either returned or suitable compensation was provided by the French authorities.

  This illustrates the term because it involves the seizure of goods (the French merchants' property) belonging to foreign merchants (French traders) as a direct response to the unjust taking of goods from an English subject abroad.

• Example 2: Protecting Citizens' Assets Abroad

  Consider an English craftsman who had established a workshop in a Spanish territory during a period of political instability. If local Spanish officials, without due cause, were to seize his tools, materials, and finished products, leaving him destitute, the English government could intervene. If diplomatic appeals to the Spanish Crown for the return of the craftsman's property were unsuccessful, an arresto facto super bonis mercatorum alienigenorum could be issued. This would permit the seizure of assets belonging to Spanish merchants operating within England, putting pressure on the Spanish government to rectify the injustice against the English craftsman.

  Here, the seizure of Spanish merchants' goods in England serves as a recompense for the property taken from an English subject living abroad, directly reflecting the historical application of the term.