STAPLE, " anciently written estop! e, cometh," says Lord Coke, "of the French word cat ape, which signifies a mart or market." It appears to have been used to indicate those marts both in this country and at Bruges, Antwerp, Calais, &c., on the Continent, where the principal products of a country were sold. Probably in the first instance these were held at such places as possessed some conveniences of situation for the purpose. Afterwards they appear to have been confirmed, or others appointed for the purpose by the authorities of the country. On the Continent in the staple-towns the goods had to be offered there for sale, and if not bought within a prescribed time might be again exported on payment of a certain toll, and the towns had to provide warehouses where the goods were to be deposited. This rule, how ever, has been materially modified, and in many cases abolished. In England the arrangement of the staple was made by the king (2 Edw. III. c. 9). All merchandise sold for the purpose of exporta tion was compelled either to be sold at the staple, or afterwards brought there before exportation. This was done with the double view of accommodating the foreign merchants, and also enabling the duties on exportation to be more conveniently and certainly collected. Afterwards the word staple was applied to the merchandise itself which was sold at the staple. The staple merchandise of England at these early times, when little manufacture was carried on here, is said by Lord Coke to have been wool, woolfells or sheep skins, leather, lead, and tin. Incident to the staple was a court called " the court of the mayor of the staple." This court was held for the convenience of the merchants, both native and foreign, attending the staple. It was of great antiquity ; the date of its com mencement does not appear to have been certainly known. Many early enactments exist regulating the proceedings at the staple and the court held there. Most of these were passed during the reigns of the two Edwards, the first and the third of that name. These kings appear to have been extremely anxious to facilitate and encourage foreign commerce in this kingdom ; and by these statues great immunities and privileges are given, especially to foreign, but also to native merchants attending the staple. The first enactment of
importance is called the statute of merchants, or the statute of Acton Burnell, and was passed in the 11th year of Edw. I. A.D. 1283. [ACTON-Buexet, STATUTE OF.] But the statute more expressly directed to this subject was passed in the 27th year of Edw. .111. cap. 8, and is entitled the Statute of Staple. One object of it was to remove the staple, previously held at Calais, to various towns in England, Wales, and Ireland, which are appointed by the statute itself.
Matters connected with the staple were not subject to the cognisance of the king's courts, and the king's officers were prohibited from inter fering in places where the staple was held. The court consisted of a mayor, who was to be acquainted with the law merchant, and was elected every year by the merchants attending the staple, both native and foreign ; he was attended by two constables, also elected by the merchants, and who held their office for life. Two alien merchants, one, as the statute says," towards the north," probably a German," the other towards the south," Italian, were to be chosen to be associate in judgment with the mayor and constables, and also six mediators of queations between buyers and sellers. Of these six persons, two were to be Germans, two Lombards, and two English.
111 matters of doubt reference was to be had to the privy council. The mayors, sheriffs, and bailiffs of the towns where the stapler was held, or. there adjoining, were also to attend the mayor and ministers of the staple to execute their commands. Complaints against the mayors were to be redressed by the chancellor and others of the privy council. A prison also was to be provided for the use of the staple, and the mayor and constables had power given them to keep the peace, and to arrest and imprison, their authority extending throughout the town in which the staple was held and the suburbs of it.