Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/315

 9. HOLDSWORTH: THE LAW MERCHANT 301 belonged to the Guild Merchant who could trade freely within the town. Its conduct was sometimes so oppressive that trade was driven from the town. ^ In fact all the various privileges, jurisdictional and administrative, which the towns possessed could be, and often were used in a manner adverse to the commercial interests of the country. The foreign merchant was hampered at every turn by the privileges of the chartered towns. They were averse to allowing him any privileges except those which they had specially bargained to give to him.^ " The Great Charter provides that merchants may freely enter and dwell in and leave the realm ; but the same Great Charter confirms all the ancient liberties and customs of London and the other boroughs, and thus takes away with one hand what it gives with the other. The burghers have a very strong opinion that their liberties and customs are infringed if a foreign merchant dwells within their walls for more than forty days, if he hires a house, if he fails to take up his abode with some responsible burgher, if he sells in secret, if he sells to foreigners, if he sells in detail."^ The crown, on the other hand, was for many reasons interested in supporting the foreign merchant. The crown was able to take a broader view of the commercial interests of the country than any set of burghers. Its intelligence wa» also quickened by the fact that it was easier to negotiate a supply from the alien merchant in return for protection, than to deal with a Parliament.* For these reasons the needs of the crown gave to the alien merchant a defined position — in some respects superior to that of the native merchant — and the protection of a separate set of courts. In 1303 the Carta Mercatoria^ gave to certain foreign merchants, in return for certain customs duties, exemption from certain municipal dues, freedom to deal wholesale in all cities and towns, power to export their merchandize, and liberty to dwell where they pleased. They were promised speedy justice " secundum legem mercatoriam " from the Amiens, Corbeil, and Nesle see Munimenta Gildhall^ (R. S.) iii 164-175. « P. and M. i 447, 448. ♦Stubbs, C. H. ii 170, 208-210, 572.
 * Gross, Gild Merchant, i 52 and Statutes there cited.
 * For specimens of such bargains by London with the merchants of
 * Munimenta Gildhallae (R. S.) ii pt. i 205-211.