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Simple English definitions for legal terms
certificando de recognitione stapulae
Read a random definition: United States of America
A quick definition of certificando de recognitione stapulae:
Term: Certificando de Recognitione Stapulae
Definition: Certificando de recognitione stapulae is a legal writ that commands the holder of certain commercial debt instruments to certify to the lord chancellor the existence and terms of a statute staple, which is a bond for commercial debt. This writ was used when a party wrongfully detained the statute staple. A statute staple is a possessory right in the land of a debtor who failed to repay a loan. It was a popular form of security for lenders after 1285. The borrower under a statute or recognizance remained in possession of his land, and it later became a common practice under the common-law forms of mortgage likewise to allow the mortgagor to remain in possession as a tenant at will or at sufferance of the mortgagee.
A more thorough explanation:
Definition: Certificando de recognitione stapulae is a legal term in Latin that means "by certifying the recognition of the statute staple." It refers to a writ that commands the holder of certain commercial debt instruments to certify to the lord chancellor the existence and terms of a statute staple that has been wrongfully detained by a party to the bond.
Example: In medieval England, a statute staple was a bond for commercial debt that gave the lender a possessory right in the land of a debtor who failed to repay a loan. If the borrower failed to pay, the lender became a tenant of the land until satisfied. To enforce this right, the holder of the statute staple could use a writ of certificando de recognitione stapulae to compel the mayor of the staple to certify the existence and terms of the bond to the lord chancellor.
Explanation: The example illustrates how certificando de recognitione stapulae was used to enforce the rights of lenders who held statute staples. By requiring the mayor of the staple to certify the existence and terms of the bond, the writ helped to establish the lender's claim to the debtor's land and goods. This was an important legal tool for merchants and lenders in medieval England, where commercial debt was a common form of economic activity.