Legal Definitions - de clerico capto per statutum mercatorium deliberando

The Latin phrase de clerico capto per statutum mercatorium deliberando refers to a specific type of historical legal writ, or formal court order, used in medieval England. Its literal translation is "for delivering a clerk arrested on a statute merchant."

In essence, this writ was issued to secure the release of a "clerk" – a term that, in this historical context, typically referred to a member of the clergy (such as a priest, monk, or scholar in holy orders) – who had been imprisoned for failing to repay a debt. The debt in question would have been secured by a "statute merchant," which was a legal instrument allowing creditors to quickly enforce repayment, often through the seizure of property or the imprisonment of the debtor, if the debt was not honored. The writ of de clerico capto per statutum mercatorium deliberando provided a mechanism to free a clergyman from such imprisonment, reflecting the special legal privileges and protections historically afforded to the clergy.

Here are some examples illustrating its application:

• Example 1: A Parish Priest's Debt
  Imagine Father Michael, a parish priest in 14th-century England, borrowed a significant sum from a wealthy merchant to fund the construction of a new bell tower for his church. To secure the loan, Father Michael entered into a statute merchant agreement. When a series of poor harvests led to a drastic reduction in tithes from his parishioners, Father Michael found himself unable to make the agreed repayments. The merchant, exercising his rights under the statute merchant, had Father Michael arrested and imprisoned in the local gaol. In this situation, the bishop of the diocese, or Father Michael's ecclesiastical superiors, would have petitioned the King's court for a writ of de clerico capto per statutum mercatorium deliberando. This writ, if granted, would order Father Michael's release from civil imprisonment, acknowledging his clerical status and the special jurisdiction of the Church over its members.

• Example 2: A Monk's Commercial Venture
  Consider Brother Thomas, a monk from a prominent monastery, who was responsible for managing the monastery's extensive sheep farms. He entered into a statute merchant with a wool trader for a large future delivery of wool, receiving an advance payment. However, an unexpected outbreak of disease decimated the flock, making it impossible for the monastery to fulfill the contract or repay the advance. The wool trader, seeking immediate recourse, had Brother Thomas arrested and confined. To protect the monastery's reputation and the person of its monk, the abbot would have sought a de clerico capto per statutum mercatorium deliberando writ. This would compel Brother Thomas's release from secular imprisonment, allowing the monastery to address the debt through ecclesiastical channels or other negotiations, rather than having one of its members held in a common debtors' prison.

• Example 3: A University Scholar's Personal Loan
  Suppose Master Edward, a respected scholar at Oxford University who had taken minor holy orders (making him a "clerk" in the legal sense), borrowed money from a local financier to purchase rare manuscripts for his studies. He secured this personal loan with a statute merchant. When a promised stipend from a patron failed to materialize, Master Edward defaulted on his repayment. The financier, leveraging the power of the statute merchant, had Master Edward imprisoned. The university authorities, recognizing Master Edward's clerical status and the importance of his scholarly work, would have applied for a de clerico capto per statutum mercatorium deliberando writ. This writ would serve to free Master Edward from imprisonment, allowing him to return to his academic pursuits while the debt dispute could be resolved through alternative means, respecting the privileges associated with his clerical standing.