Trying to harmonize these somewhat conflicting views, it may be supposed that some of our fairs at least were established during the Roman occupation. These were probably largely added to during the Anglo-Saxon period. The Normans admittedly encouraged fairs in the interest of the Church. The fairs of the first and second category were mostly fairs established by prescription, the latter were chiefly established by charter. But in the course of centuries the identity of origin becomes lost. Shepheard, in his “Corporations, Fraternities, and Guilds” (published 1659), says: “It is very usual in these Charters to confirm the old markets and fairs, and to grant new markets and Fairs. Or to change the dayes of the old markets or Fairs. And to grant to the Corporation the Py-powder Court and Incidents and profits of the Fair.” (P. 69.) I am disposed to believe that many of the early fairs associated with religious observances and ceremonies, were in their inception fairs of prescription only: that is to say, fairs which took their origin in passing events, without any special authority, and that upon later occasions charters were obtained. Bailey says that in ancient times amongst Christians, upon any extraordinary solemnity, particularly the anniversary dedication of a church, tradesmen used to bring and sell their wares even in the churchyards, especially upon the festival of the dedication; as at Westminster, on St. Peter’s Day; at London, on St. Bartholomew’s; at Durham, on St. Cuthbert’s Day, &c.; but riots and disturbances often happening, by reason of the numbers assembled together, privileges were by royal charter granted, for various causes, to particular places, towns, and places of strength, where magistrates presided, to keep the people in order. (“Pop. Antiq.,” Brand.) Blackstone says:—Fairs and markets, with the tolls belonging to them, can only be set up by virtue of the royal grant, or by long and immemorial usage and prescription, which presupposes such a grant. The limitation of these public resorts to such time and such place as may be most convenient for the neighbourhood forms a part of economics, or domestic polity, which, considering the kingdom as a large family, and the sovereign as the master of it, he clearly has a right to dispose and order as he pleases. Again, a man may have a right to hold a fair or market, or to keep a boat for the ferrying of passengers; and this either by royal grant or by prescription, from which a royal grant may be presumed to have been at some time conferred. But (unless under an Act of Parliament) no other title than these will suffice; for no fair, market, or ferry can be lawfully set up without license from the Crown. On the other hand, a man may, under such titles, lawfully claim to be lord of a fair or market, though he be not the owner of the soil on which it is held.