Legal Definitions - clerico capto per statutum mercatorium

The Latin phrase clerico capto per statutum mercatorium refers to a historical legal writ (a formal order) used in medieval England. It literally translates to "a cleric arrested by a merchant statute."

This writ was a mechanism to assert the jurisdiction of ecclesiastical (church) courts over members of the clergy. If a cleric (a priest, monk, or other church official) was arrested by a secular (non-church) authority, particularly under a statute related to commercial transactions or debt (a "merchant statute"), this writ could be issued. Its purpose was to compel the secular authorities to release the arrested cleric and transfer them into the custody and jurisdiction of the church courts for judgment.

This legal concept highlights the historical tension and power struggles between the secular legal system and the ecclesiastical legal system, particularly concerning the special legal status and privileges afforded to clergy during that period.

• Example 1: A Priest's Debt to a Grain Merchant

  Imagine a parish priest in 14th-century England who purchased a large quantity of grain from a local merchant on credit to feed his community during a lean season. When the priest was unable to pay the debt by the agreed-upon time, the merchant, seeking legal recourse, had the priest arrested by the sheriff under a local commercial ordinance designed to enforce contracts and debts. In this situation, the bishop of the diocese could invoke the writ of clerico capto per statutum mercatorium. This would compel the sheriff to release the priest from secular custody and hand him over to the church court, which would then handle the dispute regarding the debt according to ecclesiastical law.

• Example 2: A Monk Involved in a Wool Trade Dispute

  Consider a monk from a wealthy monastery who was responsible for selling the monastery's surplus wool to merchants. A dispute arose with a prominent wool merchant over the quality and quantity of a shipment, leading to the monk's arrest by a town bailiff under a royal statute regulating trade and commerce. The abbot of the monastery, asserting the church's right to judge its own members, would petition for a writ of clerico capto per statutum mercatorium. This would ensure the monk's transfer from the town's secular jail to the monastery's own internal court or the bishop's ecclesiastical court, where the matter would be resolved under canon law.

• Example 3: A Canon Arrested for a Commercial Guarantee

  Suppose a canon (a member of the clergy living under a rule, often associated with a cathedral) provided a financial guarantee for a relative's business venture. When the relative defaulted on a loan from a secular lender, the canon, as guarantor, was arrested by a royal official under a statute specifically designed to enforce commercial guarantees and sureties. The cathedral chapter or the bishop would then apply for a clerico capto per statutum mercatorium writ. This legal instrument would mandate the release of the canon from the royal official's custody, placing him instead under the jurisdiction of the church courts to address the financial obligation and any related legal proceedings.