Our Legal Heritage by S. A. Reilly
page 263 of 410 (64%)
page 263 of 410 (64%)
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The staple was reinstituted by statute of 1353 after an experiment without it, in which profits of a staple went to staples outside the nation. The rationale for the staple was to facilitate inspection of quality and the levy of customs. Wool, woolfells, leather, and lead sold for export had to go through the staple town. The penalty was forfeiture of lands, tenements, goods, and chattel. (The staple statute remained basically unchanged for the next 200 years.) The mayor and constables of the staple were elected annually by the native and foreign merchants of the place. The mayor gave validity to contracts for a set fee, by seal of his office. He and the constables had jurisdiction over all persons and things touching the staple, which was regulated by the Law Merchant in all matters of contract, covenant, debt, and felonies against foreign merchants. A Hue and Cry was required to be raised and followed for anyone taking a cart of merchandise or slaying a merchant, denizen [resident alien] or alien, or the town would answer for the robbery and damage done. All denizen [foreigner permitted to reside in the realm with certain rights and privileges] and alien merchants may buy and sell goods and merchandise, in gross, in any part of the country, despite town charters or franchises, to anyone except an enemy of the King. They may also sell small wares: victuals, fur, silk, cover chiefs, silver wire, and gold wire in retail, but not cloth or wine. They must sell their goods within three months of arrival. Any alien bringing goods to the nation to sell must buy goods of the nation to the value of at least one-half that of his merchandise sold. These merchants must engage in no collusion to |
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