Legal Definitions - super statuto facto pour seneschal et marshal de roy

The term super statuto facto pour seneschal et marshal de roy refers to a specific type of historical legal writ, or formal written order, that was used in medieval England.

In essence, this writ was issued to prevent the Marshalsea court from hearing cases or interfering in legal matters that fell outside its proper legal authority or "jurisdiction." The Marshalsea was a royal court with a very specific and limited jurisdiction, primarily dealing with matters concerning the King's household and disputes that occurred within a certain distance of the King's person (known as the "verge"). When the Marshalsea attempted to hear cases that belonged in other, more general common law courts, this writ was the mechanism to challenge and restrain its overreach.

Here are some examples illustrating how this writ would have been applied:

• Example 1: A Local Land Dispute

  Imagine two ordinary farmers in a village in Sussex, neither of whom has any connection to the royal household, are involved in a dispute over the boundary of their land. The Marshalsea court, perhaps mistakenly or ambitiously, attempts to take jurisdiction over this case. The farmer whose land rights are being challenged could petition for a super statuto facto pour seneschal et marshal de roy. This writ would then be issued to the Marshalsea, ordering it to cease proceedings because a local land dispute between common citizens was clearly outside its limited jurisdiction, belonging instead to a common law court like the Court of Common Pleas.

• Example 2: A Contract Between Merchants

  Consider two London merchants who have a disagreement regarding the terms of a shipping contract for wool. Neither merchant is a member of the King's household, nor did the dispute occur within the immediate vicinity of the King. If the Marshalsea court were to initiate proceedings to resolve this commercial dispute, one of the merchants could seek a super statuto facto pour seneschal et marshal de roy. This writ would serve as a legal injunction, compelling the Marshalsea to relinquish the case, as commercial contracts between private citizens were not within its purview and should be heard in a court with general jurisdiction over such matters.

• Example 3: An Assault Far from the Royal Court

  Suppose an assault occurs between two individuals in a town many miles from where the King and his household are currently located. The local authorities would typically handle such a criminal matter. If, for some reason, the Marshalsea court attempted to assert jurisdiction over this assault case, the accused or another interested party could apply for a super statuto facto pour seneschal et marshal de roy. The issuance of this writ would legally compel the Marshalsea to withdraw, recognizing that the incident did not fall within the "verge" or involve members of the royal household, and therefore was outside its specific and limited authority.