Legal Definitions - non merchandizanda victualia

Non merchandizanda victualia is a historical legal term from medieval England. It refers to a specific type of legal instruction, known as a writ, that was issued to address corruption and conflicts of interest among local government officials. This writ directed higher-ranking judges (justices of assize) to investigate and impose penalties on town magistrates or other local officials who were found to be selling food or provisions (known as "victuals") while actively holding public office. The purpose was to prevent officials from using their authority to gain an unfair advantage in the food trade, manipulate prices, or engage in profiteering at the expense of the community.

• Example 1: Imagine a medieval town where the mayor, who was responsible for overseeing market regulations and ensuring fair trade, also owned the largest grain mill and bakery. Citizens began to complain that the price of bread was consistently high, and that the mayor was using his official position to secure the best grain supplies for his own business, effectively stifling competition from smaller bakers. A non merchandizanda victualia writ would be issued, compelling a higher court to investigate these allegations and, if proven, punish the mayor for profiting from the sale of food while in public office.

• Example 2: Consider a scenario where a town's alderman, a senior local official, was also the primary butcher and controlled the town's only slaughterhouse. Residents might suspect that the alderman was using his authority to prevent other butchers from operating or to dictate the prices of meat, thereby creating a monopoly and enriching himself at the community's expense. In such a case, a non merchandizanda victualia writ would be dispatched to initiate an inquiry into the alderman's commercial activities and potential abuse of his public trust related to food sales.

• Example 3: During a period of food scarcity, perhaps due to a poor harvest, a town's bailiff (another local official) was tasked with managing the town's communal food stores and ensuring equitable distribution to the populace. However, rumors circulated that the bailiff was secretly diverting portions of the grain to his own private storehouse and then selling it at exorbitant prices to desperate citizens, rather than distributing it fairly. A non merchandizanda victualia writ would be the legal instrument used to launch an investigation into the bailiff's conduct, aiming to uncover and penalize this form of profiteering and abuse of office concerning food supplies.