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
The peculiar constitution of the Court has to be kept firmly in view. It
had jurisdiction only in commercial questions. It tried them before a
jury of traders formed on the spot. It could entertain a case of slander,
if of merchandise or wares exhibited, but not of the merchant or trader
who vended the same. It could sit only during fair time; could take
cognizance only of things happening during fair time, and within the
fair. It could try a thief who had committed robbery in the fair only
when he had been captured within its bounds. It might hold pleas for
amounts, in later times, above forty shillings; and its judgments could
be deferred and enforced at the next fair. So firmly indeed had custom
defined the powers of these Courts, that it has been well said, even
the King himself if he were sitting as judge in such a Court, could not
extend them.
_Specific Legislation._—1478. There having been many abuses committed
in the Courts _Piepowder_ held at the fairs in England, chiefly by the
avarice and injustice of their stewards, bailiffs, and others, whose
province it was to hold the courts and administer impartial justice in
all cases arising during the continuance, and within the jurisdiction,
of the fairs: but who took cognizance of contracts and trespasses
unconnected with the fairs, and frequently having no foundation in truth.
These abuses began to have the effect of preventing merchants from
attending the fairs: whereby the people of the country were deprived of
the convenience of purchasing goods; and the lords of the fairs lost
their customary profits. The entire subject came before parliament, and a
measure intended for relief resulted, which I shall now review in detail:
17 Edw. IV. c. 2.—_Item_, Whereas divers Fairs be holden & kept in this
Realm, some by Prescription allowed before Justices in Eyre, & some by
grant of our Lord the King that now is, & some by the grant of his noble
Progenitors & Predecessors, & to every of the same Fairs is of right
pertaining a Court of Pypowders, to minister in the same due Justice in
this behalf; in wʰ Court it hath been all times accustomed, that every
person coming to the sᵈ Fairs shᵈ have lawful remedy of all manner of
Contracts, Trespasses, Covenants, Debts, & other Deeds under or done
within any of the same Fairs, during the time of the same Fairs, & within
the jurisdiction of the same, & to be tried by merchants being of the
same Fair; wʰ Courts at this day be misused by Stewards....
And sometimes, by the device of evil disposed people several suits be
feigned to trouble them to whom they bear evil will, to the intent that
they for Lucre may have favorable Inquests of those that come to the sᵈ
Fairs, where they take their actions ... whereby the Lords of the same
Fairs do lose great profit by the not coming of divers merchants to the
fairs ... & also the Commons be unserved of such stuff & merchandise as
wᵈ otherwise come to the said Fairs.
Public-domain text, read in full here on John Shaqi.
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