Legal Definitions - de statuto stapulae

De statuto stapulae is a historical legal term from medieval England, referring to a specific type of legal order or "writ." This writ was issued to enforce a debt that had been secured by a statute-staple bond. When a debtor failed to fulfill the terms of such a bond—typically by not repaying a debt by the agreed-upon date—they were said to have "forfeited" it. Upon this forfeiture, the creditor could obtain a writ de statuto stapulae, which authorized the seizure of the debtor's property and their imprisonment until the debt was fully satisfied. The statute-staple bond itself was a powerful commercial instrument, often used by merchants in designated trading towns to secure loans and ensure prompt payment, providing a swift enforcement mechanism without the need for a lengthy trial.

• Example 1: Merchant's Unpaid Loan

  Imagine a wool merchant in the 14th century, Sir Reginald, who lends a substantial sum of money to another merchant, Master Thomas, to finance a large shipment of textiles. To secure the loan, Master Thomas executes a statute-staple bond, promising repayment by a specific date. When the due date passes and Master Thomas fails to repay the loan, Sir Reginald petitions the court for a writ de statuto stapulae. This writ would then empower the authorities to seize Master Thomas's assets, such as his inventory of cloth or his trading vessels, and imprison him until the debt owed to Sir Reginald was fully recovered.

• Example 2: Default on a Commercial Agreement

  Consider a situation where a grain supplier, Lady Eleanor, agrees to deliver a large quantity of wheat to a baker, Master John, by a certain harvest season. To assure Master John of her commitment, Lady Eleanor provides a statute-staple bond. Due to unforeseen circumstances, Lady Eleanor fails to deliver the wheat as promised, thereby forfeiting the bond. Master John, having suffered losses due to the lack of grain, could then obtain a writ de statuto stapulae. This writ would allow the seizure of Lady Eleanor's property, such as her farm equipment or other goods, and her imprisonment until the value specified in the bond, compensating Master John for his loss, was paid.

• Example 3: Financing a Major Project

  Suppose a wealthy landowner, Lord Alistair, wishes to fund the construction of a new mill on his estate. He borrows money from a prosperous guild master, securing the loan with a statute-staple bond. If Lord Alistair, perhaps due to poor harvests or mismanagement, defaults on his repayment obligations, the guild master would be entitled to seek a writ de statuto stapulae. This writ would authorize the seizure of Lord Alistair's movable property, such as livestock, crops, or even the mill's machinery, and his detention until the debt was settled, providing a powerful means for the guild master to recover his investment.