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Simple English definitions for legal terms
de statuto stapulae
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A quick definition of de statuto stapulae:
Term: DE STATUTO STAPULAE
Definition: De statuto stapulae is a legal term that refers to a writ used to seize the property of and imprison a person who fails to repay a commercial debt. It is also a bond for commercial debt that gives the lender a possessory right in the land of a debtor who fails to repay a loan. This type of bond was popular after 1285 and allowed the borrower to charge their land and goods without giving up possession. If the borrower failed to pay, the lender became a tenant of the land until satisfied. The borrower remained in possession of their land under a statute or recognizance, and it later became a common practice under the common-law forms of mortgage to allow the mortgagor to remain in possession as a tenant at will or at sufferance of the mortgagee.
A more thorough explanation:
Definition: De statuto stapulae (dee stə-tyoo-toh stay-pə-lee) is a legal term that refers to a writ used to seize the property of and imprison a person who forfeits a statute-staple bond.
Example: If a person borrows money and pledges their land as collateral, they may sign a statute-staple bond. If they fail to repay the loan, the lender can use a de statuto stapulae writ to seize the land and imprison the borrower.
Explanation: The example illustrates how de statuto stapulae was used to enforce statute-staple bonds. These bonds were a form of security for commercial debt, and they gave the lender a possessory right in the land of a debtor who failed to repay a loan. The writ allowed the lender to take legal action to recover the debt and seize the property of the borrower.
De statuto stapulae is a term that is commonly used in legal history and may not be familiar to high school students. However, the example and explanation provided can help students understand the concept of statute-staple bonds and how they were enforced in medieval England.