Fairs, past and present : $b A chapter in the history of commerceWalford, Cornelius
History
Fairs, past and present : $b A chapter in the history of commerce
Walford, Cornelius
Fairs
It has been asserted that it is not in the King’s power to resume a
franchise that has been once granted: so that a fair once authorized by
royal grant, is, by the common law of England, good against the King. I
have found no case wherein this principle is declared; but there is an
instance which points in a contrary direction: for in 1446-7 (25 Hen.
VI.) it was enacted “that all grants of franchises, markets, fairs,
and other liberties to buy or to sell within the towns of North Wales
made to any Welshman before this time, shall be void and of no effect.”
Here it was parliament, not the King, revoking the grants. For further
legislation regarding Welsh Fairs, see Chapter V., anno 1534.
Brady (in his famous work on “Boroughs”) seemed to be of opinion that
every free borough had the privilege of a market and fair, with free
right to come and go thereto and therefrom, as of course (p. 33, ed.
1777). But I discover no such inherent right, and where this privilege
is sustained it has usually been included in one of its early charters.
Certainly the converse is not the case: that is to say, it was in no way
customary that fairs should be limited to boroughs free or otherwise.
Many were, indeed, granted to small towns, frequently to lords of manors,
and commonly to religious houses; and in various cases to individuals.
In the next chapter I shall examine more in detail the regulations upon
our statute rolls regarding fairs.
[Illustration]
CHAPTER III.
EARLY REGULATIONS AFFECTING FAIRS—ENGLAND.
It has been attributed to Alfred the Great that amongst the many wise
and beneficial measures he took for the advancement of this kingdom, was
the establishment of fairs and markets. I have already shown that this
is not quite so; but certain it is that the first general measures for
the regulation of commerce in England, are dated back to his reign. Hence
it was then provided that alien merchants should come only to the “four
fairs,” and should not remain in England more than forty days. This was
in the latter half of the ninth century. But I have already shown that
fairs were held in other parts of Europe, and in Asia, centuries earlier
than this date. The point of importance in the regulation of Alfred is
that foreign merchants were permitted by royal authority to attend these
English fairs.
King Ethelred II. (end of tenth and commencement of eleventh centuries)
proclaimed that the _ships of merchants, or of enemies from the high
seas, coming with goods into any port should be at peace_. The principle
here enunciated, of commerce being deemed an act of peace, is believed to
be of high antiquity in Great Britain; but whether it originated here is
by no means clear, nor is it material to determine. At later periods the
practice has not been continuously upheld.
Public-domain text, read in full here on John Shaqi.
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