Statute merchant and statute staple are two old forms of security, long

obsolete Obsolescence is the state of being which occurs when an object, service, or practice is no longer maintained or required even though it may still be in good working order. It usually happens when something that is more efficient or less risky r ...

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...

practice, though references to them still occur in some modern statutes. The former security was first created by the 1283 Statute of Merchants, or Statute of Acton Burnell (named after

Acton Burnell Acton Burnell is a village and parish in the English county of Shropshire. Home to Concord College, it is also famous for an early meeting of Parliament where the Statute merchant was passed in 1283. The population at the 2011 census was 544. ...

Shropshire Shropshire (; alternatively Salop; abbreviated in print only as Shrops; demonym Salopian ) is a landlocked historic county in the West Midlands region of England. It is bordered by Wales to the west and the English counties of Cheshire to th ...

, the place where Parliament met and passed the statute) and amplified by the 1285 Statute of Merchants 1285, whence its name, and the latter by an act of 1353, which provided that in every staple (i.e. public mart) the seal of the staple should be sufficient validity for a bond of record acknowledged and witnessed before the mayor of the staple. They were originally permitted only among traders, for the benefit of commerce, but afterwards extended by an act of

Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...

(1532) to all subjects, whether traders or not. The creditor under either form of security was allowed to seize the goods and hold the lands of a defaulting debtor until satisfaction of his debt. While he held the lands he was termed

tenant Tenant may refer to: Real estate *Tenant, the holder of a leasehold estate in real estate *Tenant-in-chief, in feudal land law *Tenement (law), the holder of a legal interest in real estate *Tenant farmer *Anchor tenant, one of the larger stores ...

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

merchant or by

staple. In addition to the loss of his goods and lands the

debtor A debtor or debitor is a legal entity (legal person) that owes a debt to another entity. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor. When the counterpart of this ...

was liable to be imprisoned. Statute merchant, owing to the summary method of enforcing payment, was sometimes known as pocket judgment. Both were repealed by the

Statute Law Revision Act 1863 The Statute Law Revision Act 1863 is an Act of the Parliament of the United Kingdom. It was intended, in particular, to facilitate the preparation of a revised edition of the statutes. The enactments which were repealed (whether for the whole ...

. An example of a suit of Statute Merchant can be seen in the Plea Rolls of the Court of Common Pleas, in 1430, where John Salter, citizen and tanner of

York York is a cathedral city with Roman origins, sited at the confluence of the rivers Ouse and Foss in North Yorkshire, England. It is the historic county town of Yorkshire. The city has many historic buildings and other structures, such as a ...

, John Wyot, vicar of St Nicholas, Mikelgate, John Yoman, (the latter 2 as executors of Henry Ravenswath) are parties. Common Plea Rolls; National Archives; CP 40 / 677; http://aalt.law.uh.edu/AALT1/H6/CP40no677/aCP40no677fronts/IMG_0555.htm; last entry on image.

References

{{reflist English law