A History of Inland Transport and Communication in EnglandPratt, Edwin A.
History
A History of Inland Transport and Communication in England
Pratt, Edwin A.
Communication and traffic -- Great Britain; Transportation -- Great Britain -- History
In course of time the fairs became, as shown by Giles Jacob, in his "Law
Dictionary" (4th edition, 1809), "a matter of {22}universal concern to the
commonwealth," as well as a valuable monetary consideration to those who
had the right to collect the tolls; and they were, in consequence,
subjected to close regulation. No person could hold a fair "unless by grant
from the King, or by prescription which supposes such grant"; the time
during which it could be kept open was announced by proclamation, and
rigidly adhered to; "just weight and measure" was enforced, and a "clerk of
the fair" was appointed to mark the weights.
On the other hand every encouragement was offered to traders to attend the
fairs. "Any citizen of London," says Jacob, "may carry his goods or
merchandise to any fair or market at his pleasure." Mounted guards were, in
some instances, provided on the main routes leading to the fair, in order
to protect the traders from attack by robbers. Tolls were to be paid to the
lord of the manor or other owner of the land on which a fair was held under
a special grant; but if the tolls charged were "outrageous and excessive"
(to quote again from Jacob), the grant of the right to levy toll became
void, and the fair was thenceforth a "free" one. It was further laid down
that persons going to a fair should be "privileged from being molested or
arrested in it for any other debt or contract than what was contracted in
the same, or at least, was promised to be paid there."
An especially curious feature of these old fairs was the so-called "Court
of Pie Powder"--this being the accepted English rendering, in those days,
of "pied poudré"--or "The Court of Dusty Feet." The court was one of
summary jurisdiction, at which questions affecting pedlars or other
(presumably) dusty-footed traders and their patrons, or matters relating to
"the redress of disorders," could be decided by a properly constituted
authority during the period of the holding of the fair in which such
questions or matters arose.
Jacob says of this old institution:--
"It is a _court of record_ incident to every _Fair_; and to be held only
_during the time_ that the _Fair_ is kept. As to the jurisdiction, the
cause of action for contract, slander, &c., must arise _in_ the fair or
market, and not before at any former fair, nor after the fair; it is to be
for some _matter concerning_ the same _fair_ or _market_; and must be done,
complained of, heard and determined the same day. Also the plaintiff must
{23}make oath that the contract, &c., was _within the jurisdiction_ and
_time_ of the _fair_.... The steward before whom the court is held, is the
judge, and the trial is by merchants and traders in the fair."
Public-domain text, read in full here on John Shaqi.
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