Legal Definitions - Statutum de Nova Custuma

The term Statutum de Nova Custuma is a historical Latin phrase that translates to "Statute of New Customs." It refers to a significant legal document issued in England in 1303 by King Edward I, more commonly known as the Carta Mercatoria or the "Charter of Merchants."

This charter was a landmark piece of legislation designed to attract and protect foreign merchants trading within England, thereby stimulating trade and increasing royal revenue. In exchange for paying new, higher customs duties (taxes) on their imported and exported goods, foreign merchants were granted specific rights and protections. These included the right to enter and leave England freely, to trade certain goods without undue interference, to have commercial disputes heard by juries that included other foreign merchants, and to be protected from arbitrary seizure of their goods. Essentially, it was a strategic bargain: greater freedom and security for foreign traders in return for increased tax revenue for the Crown.

Here are some examples illustrating the impact of the Statutum de Nova Custuma:

• Example 1: A Flemish Cloth Merchant Importing Fine Linens
  Imagine a Flemish merchant in the early 14th century wishing to import high-quality linen from Flanders into London. Before the Statutum de Nova Custuma, he might have faced unpredictable local levies or even arbitrary confiscation of his goods by local officials. After the charter, he would pay the newly established, higher customs duty on his imported linen. In return, he was guaranteed safe passage for his goods, the right to sell them in designated markets, and protection under English law, knowing that his investment was secure as long as he paid the specified "new customs." This illustrates the exchange of new taxes for guaranteed trading rights.

• Example 2: A Venetian Merchant Exporting English Wool
  Consider a Venetian merchant seeking to purchase large quantities of English wool, a highly prized commodity, for textile production back in Venice. Under the provisions of the Statutum de Nova Custuma, this merchant would be required to pay the specific customs duty on the exported wool. In exchange for this payment, he would be assured that his transaction was legally protected, that he could transport the wool out of the country without fear of additional, arbitrary taxes or harassment, and that his rights as a foreign trader were formally recognized and upheld by the Crown.

• Example 3: A German Hanseatic Merchant in a Commercial Dispute
  Suppose a merchant from the German Hanseatic League, trading timber in an English port, found himself in a commercial dispute with a local English merchant over the quality of goods or payment terms. Prior to the Carta Mercatoria, he might have feared a biased judgment from a local English court. However, under the enhanced legal protections granted by the Statutum de Nova Custuma, he would have the right to a jury composed partly of other foreign merchants. This provision aimed to ensure a more impartial hearing, demonstrating the significant procedural rights and legal security offered to foreign traders.