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Statute Staple

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

The statute of the staple, 27 Ed. III. stat. 2, confined the sale of all commodities to be exported to certain towns in England, called estaple or staple, where foreigners might resort. It authorized a security for money, commonly called statute staple, to he taken by traders for the benefit of commerce; the mayor of the place is entitled to take recognizance of a debt in proper form, which had the effect to convey the lands of the debtor to the creditor till out of the rents and profits of them he should be satisfied.

2 Bla. Com. 160; 2 Rolle, Abr. 446; Bac. Abr. Execution (B. 1); Co. 4th Inst. 238.

The statute staple — the recognizance “in the nature of a statute staple,” which afterwards became a usual form of security in the ordinary courts — was introduced in the staple courts. It was a bond of record acknowledged before the mayor of the staple. A seal was required and that was all that was necessary to attest the contract. A number of the most considerable towns in the kingdom were named as statute towns. To these the principle raw conimodities of the kingdom were brought for sale and were known as the “staple” wares of England, but the term came to be applied almost exclusively to wool. The system came to an end about 1660. In 1669, a charter was granted to the staplers, as “The Mayor, Constables, and Merchants of the Staple of England.” A court of the staple had jurisdiction of civil actions in which staplers were concerned. It was held by the mayor and constables of the staple, who had power to staple, in 3 Sel. Essays in Anglo-Amer.

L. H. 16 (17 L. Q. R. 56).