Legal Definitions - vi statuti

Vi statuti is a historical legal Latin phrase that translates to "by force of statute" or "by virtue of a statute." It describes situations where a particular action, right, obligation, or legal status existed or was enforced solely because a specific written law, passed by a legislative body (a statute), mandated it. This term emphasizes that the authority or requirement stemmed directly and exclusively from a legislative enactment, rather than from common law principles, custom, or judicial decisions.

• Example 1: Historical Tax Collection

  In 17th-century England, a monarch might have sought to raise funds for a war. While some traditional taxes existed, the ability to impose a new specific tax, like a hearth tax or a window tax, often required parliamentary approval. Once Parliament passed an Act establishing such a tax, the collection of that tax by royal officials would be considered to be "vi statuti."

  This illustrates the term because the power to collect the hearth tax did not come from ancient royal prerogative or common law; it was created and authorized exclusively by the specific statute passed by Parliament. Without that statute, the tax would have been unlawful.

• Example 2: Creation of a Public Office

  Imagine a historical act of Parliament in the 18th century that established a new public office, such as "Commissioner for the Improvement of Navigation on the River Thames." This act would detail the commissioner's duties, powers, and how they would be appointed. The very existence and authority of this commissioner would be "vi statuti."

  This demonstrates the term's meaning because the office of the Commissioner for the Improvement of Navigation was not an existing common law position or a traditional role. It was brought into being and given its specific legal authority solely through the legislative act that created it, showing that its power derived "by force of statute."

• Example 3: Mandatory Public Works

  In a medieval town, local landowners might have been historically responsible for maintaining certain sections of roads passing through their property due to feudal obligations or local custom. However, a later parliamentary act might have been passed, requiring all landowners adjacent to a newly designated "King's Highway" to contribute financially or with labor to its upkeep, regardless of prior custom. This new obligation would be "vi statuti."

  This example illustrates the term because the requirement for landowners to contribute to the upkeep of the King's Highway, in this specific context, was not based on long-standing tradition or common law. Instead, it was a direct mandate imposed by the specific statute, making it an obligation that existed "by force of statute."