Act of Parliament | |
Citation | 11 Edw. 1 |
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Act of Parliament | |
Citation | 13 Edw. 1 |
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Statute merchant (Latin : Statutum mercatorum) and statute staple are two old forms of security, long obsolete in English practice, though references to them still occur in some modern statutes. [1]
The former security was first created by the Statute of Merchants 1283, or Statute of Acton Burnell (named after Acton Burnell in Shropshire, the place where Parliament met and passed the statute) and amplified by the 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 (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 by statute merchant or by statute staple. In addition to the loss of his goods and lands the debtor 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 Both were repealed by the Statute Law Revision Act 1863. [1]
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, John Wyot, vicar of St Nicholas, Mikelgate, John Yoman, (the latter two as executors of Henry Ravenswath) are parties. [2]
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and certiorari are common types of writs, but many forms exist and have existed.
A lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the lienee and the person who has the benefit of the lien is referred to as the lienor or lien holder.
In criminal law, property is obtained by false pretenses when the acquisition results from the intentional misrepresentation of a past or existing fact.
The Statute of Westminster of 1275, also known as the Statute of Westminster I, codified the existing law in England, into 51 chapters. Chapter 5 is still in force in the United Kingdom and the Australian state of Victoria whilst part of Chapter 1 remains in force in New Zealand. It was repealed in Ireland in 1983.
Replevin or claim and delivery is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.
Shropshire was established during the division of Saxon Mercia into shires in the 10th century. It is first mentioned in 1006. After the Norman Conquest it experienced significant development, following the granting of the principal estates of the county to eminent Normans, such as Roger De Montgomery and his son Robert de Bellême.
Hypothec, sometimes tacit hypothec, is a term used in civil law systems or to refer to a registered real security of a creditor over real estate, but under some jurisdictions it may additionally cover ships only, as opposed to other collaterals, including corporeal movables other than ships, securities or intangible assets such intellectual property rights, covered by a different type of right (pledge). Common law has two main equivalents to the term: mortgages and non-possessory lien.
The Statute of Marlborough is a set of laws passed by the Parliament of England during the reign of Henry III in 1267. The laws comprised 29 chapters, of which four are still in force. Those four chapters constitute the oldest piece of statute law in the United Kingdom still in force as of 2024.
A guarantee is a form of transaction in which one person, to obtain some trust, confidence or credit for another, engages to be answerable for them. It may also designate a treaty through which claims, rights or possessions are secured. It is to be differentiated from the colloquial "personal guarantee" in that a guarantee is a legal concept which produces an economic effect. A personal guarantee by contrast is often used to refer to a promise made by an individual which is supported by, or assured through, the word of the individual. In the same way, a guarantee produces a legal effect wherein one party affirms the promise of another by promising to themselves pay if default occurs.
A fieri facias, usually abbreviated fi. fa., is a writ of execution after judgment obtained in a legal action for debt or damages for the sheriff to levy on goods of the judgment debtor.
Sir Robert Bell SL of Beaupré Hall, Norfolk, was a Speaker of the House of Commons (1572–1576), who served during the reign of Queen Elizabeth I.
The Consumer Credit Act 1974 is an Act of the Parliament of the United Kingdom that significantly reformed the law relating to consumer credit within the United Kingdom.
In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property which enables the creditor to have recourse to the property if the debtor defaults in making payment or otherwise performing the secured obligations. One of the most common examples of a security interest is a mortgage: a person borrows money from the bank to buy a house, and they grant a mortgage over the house so that if they default in repaying the loan, the bank can sell the house and apply the proceeds to the outstanding loan.
Englishry or, in Old French, Englescherie, is a legal name given, in medieval England, for the status of a person as an Englishman.
Crown debt, in English law, a debt due to the crown.
The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity.
Acton Burnell Castle is a 13th-century fortified manor house, located near the village of Acton Burnell, Shropshire, England. It is believed that the first Parliament of England at which the Commons were fully represented was held here in 1283. Today all that remains is the outer shell of the manor house and the gable ends of the barn. It is a Grade I listed building on the Statutory List of Buildings of Special Architectural or Historic Interest.
The Marshalsea (1373–1842) was a notorious prison in Southwark, just south of the River Thames. Although it housed a variety of prisoners—including men accused of crimes at sea and political figures charged with sedition—it became known, in particular, for its incarceration of the poorest of London's debtors. Over half of England's prisoners in the 18th century were in jail because of debt.
William Devereux, Baron Devereux of Lyonshall was an English noble who was an important Marcher Lord as he held Lyonshall Castle controlling a strategically vital approach to the border of Wales in the time of Edward I and Edward II. He was the first of this family officially called to Parliament, and was ancestor to John Devereux, 1st Baron Devereux of Whitchurch Maund, the Devereux Earls of Essex, and the Devereux Viscounts of Hereford. His coat of arms was the same as his father's and described as "argent, fess and three roundels in chief gules" which passed to the descendants of his first wife, the Devereux of Bodenham; or "gules od un fesse d'argent ove turteaus d'argent en le chief" which passed to the descendants of his second wife, the Devereux of Frome.