Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/317

 9. HOLDSWORTH: THE LAW MERCHANT 303 mayor and constables had the assistance of two alien mer- chants, one of whom was chosen from the merchants who came from the north, the other from the merchants who came from the south. ^ Provision was made for the trial of cases in which aliens were concerned by a mixed jury, and for an appeal in cases of difficulty to the Chancellor and the Coun- cil.^ A speedy means was provided for the recovery of goods of which merchants had been robbed at sea, or which had been cast away and thrown up on the shore. ^ Merchants going and returning to the Staple towns were protected against purveyance.* They were promised lodgings in the towns at a reasonable rent.^ They were taken into the king's special protection.* These privileges are specially stated to be granted notwithstanding any privilege, franchise, or exemp- tion granted to any towns or individuals.^ All these courts administered, and, by administering, helped to create, the Law Merchant. With the merchant, his courts, and his law the common law had little concern. He is pro- tected by his special courts and can, in the last resort, appeal to the Chancellor and the Council.® The law is a customary law known to the merchants who can, if need be, inform the king's courts of its contents.^ Fleta notices that it is a peculiar law.^^ A statute was needed to abrogate the rule of this law that one townsman is liable, as a kind of surety, for the debt of his fellow townsman.^ ^ The rule that if a debtor could pay, money in the hands of his debtor could be attached, was common to many towns.^^ The statute mer- •c. xiii. " c, xvi. • c. XX. * c. xxviii. * Above 306. • In Edward II.'s reign a dispute on a question of law arising in the fair of St. Ives was brought into the King's Bench. Twelve merchants from London, Winchester, Lincoln, and Northampton were summoned to give evidence as to the law, Plac. Abbrev. 321 (cited Select Pleas in Manorial Courts (S. S.) 132). »MI. 58. 5; II. 61. 2. "3 Ed, I. c. 23; 2d Instit. 204. For a case of 34 Ed. I. illustrating this rule as applied to Foreign Merchants see Hale, 2 P. C. 13 n. a, Tross V. Michell, Cro. Eliza. 172; Paramore v. Veral, 2 Anderson 151; Malynes, Lex Mercatoria, 290, 291 ; Cox v. Mayor of London, L. R. 2 H. of L. 239.
 * c. xxiv.
 * c. viii and xxiv.
 * c. iv.
 * 1. e. Foreign Attachment. Munimenta Gildhallae (R. S.) iii 41. Cp.