Part 7

Divers fairs be holden and kept in this realm, some by prescription allowed before justices in eyre, and some by the grant of our lord the king that now is, and some by the grant of his progenitors and predecessors;

And to every of the same fairs is of right pertaining courts of pipowders, to minister in the same due justice in his behalf;

In which court it hath been all times accustomed, that every person coming to the same fairs, should have lawful remedy of all manner of contracts, trespasses, covenants, debts, and other deeds made or done within any of the same fair, and within the jurisdiction of the same, and to be tried by merchants being of the same fair.

Statute, 17 Edward IV., cap. 2.

The manner of holding a Pied Poudre Court, sometimes called riding the fair.

1277. Award between the barons of the (Cinque) Ports and the men of Great Yarmouth.

With regard to the claim of the said barons to have at Yarmouth royal justice and the keeping of the king's peace in time of the fair lasting for forty days, they are to have the keeping of the king's peace and to do royal justice, namely during the fair they are to have four serjeants, of whom one shall carry the king's banner, and another sound a horn to assemble the people and to be better heard, and two shall carry wands for keeping the king's peace, and this office they shall do on horse-back if they so wish. The bailiffs of the Ports together with the provost of Yarmouth are to make attachments and plead pleas and determine plaints during the fair, according to law merchant, and the amercements and the profits of the people of the Ports are to remain to the barons of the Ports, at the time of the fair, and the profits and amercements of all others who are not of the Ports to remain to the king by the bailiffs of Yarmouth. The aforesaid bailiffs of the barons of the Ports together with the provost of Yarmouth are to have the keeping of the prison of Yarmouth during the fair, and if any prisoner be taken for so grave a trespass that it cannot be determined by them in time of fair, by merchant law, nor the prisons delivered, such persons to remain in the prison of Yarmouth until the coming of the justices.

Cal. of Pat., 1272-81, 203.

The court of Pied Poudre is specified in later grants of fairs.

1462. Charter of Edward IV. to the city of London.

We have ... granted to the ... mayor and commonalty and citizens, and their successors for ever, that they shall and may have yearly one fair in the town aforesaid (Southwark) for three days, that is to say the seventh, eighth and ninth days of September; to be holden together with a court of pie-powder, and with all liberties and free customs to such fair appertaining; and that they may have and hold there at their said courts, before their said ministers or deputy, the said three days, from day to day and hour to hour, from time to time, all occasions, plaints and pleas of a court of pie-powder, together with all summons, attachments, arrests, issues, fines, redemptions and commodities, and other rights whatsoever, to the same court of pie-powder any way pertaining.

Birch, Charters of City of London, 82.

The Londoners could hold their own Pied Poudre Courts in all fairs of England.

1327. Charter of Edward III. to the city of London.

And forasmuch as the citizens, in all good fairs of England, were wont to have among themselves keepers to hold the pleas touching the citizens of the said city assembling at the said fairs: we will and grant, as much as in us is, that the same citizens may have suchlike keepers, to hold such pleas of their covenants, as of ancient time they had, except the pleas of land and crown.

Birch, Charters of City of London, 55.

1298. To all stewards, bailiffs, and officers of the fair of St. Botolph and other faithful of Christ to whom the present letters shall come, Henry le Galeys, mayor of the city of London, as well as the whole commune send greeting. Know ye that we have made and constituted our beloved in Christ Elyas Russel, John de Armenters, William de Paris and William de Mareys, our wardens and attorneys at the present fair of St. Botolph, to demand and claim and exact all our citizens who are for any cause arrested or impleaded in any of your courts, and for executing full justice in all plaints against them according to the law merchant, ratifying and holding good anything they or any one of them may do in the premises, and in all other things which they or any one of them shall deem to affect in any way the liberties of the city and our citizens. In witness whereof we have set our common seal to these presents.

London, Sunday the Feast of St. Margaret the Virgin, 26 Edward I.

Sharpe, Cal. Letter Books of Corporation, B. 219.

PROFITS.

Besides fines the tolls were the most general source of profit. They were duties which the tenant of a market might exact on goods brought into the market and sold there.

1275. Statute against exorbitant tolls.

Touching them that take outrageous toll, contrary to the common custom of the realm, in market towns, it is provided that if any do so in the king's town, which is let in fee-farm, the king shall seize into his own hand the franchise of the market; and if it be another's town, and the same be done by the lord of the town, the king shall do in like manner; and if it be done by a bailiff or any mean officer, without the commandment of his lord, he shall restore to the plaintiff as much more for the outrageous taking as he had of him, if he had carried away his toll, and shall have forty days' imprisonment.

Statute, 3 Edward I., cap. 31.

Tolls were not necessarily levied. In later mediæval times it was held illegal for the holder of a market to exact them unless he could prove his prescriptive right to do so, or unless, in the case of a market erected by a charter, such right had been explicitly granted.

1233. Because it has been certified to the king, by an enquiry made in accordance with his precept, that in the fair of Shalford, which is held there every year on the feast of the Assumption of Blessed Mary, it has never been customary to take toll or custom, except at the time when John of Gatesden was sheriff of Surrey, who of his own will ruled that toll should there be taken: therefore the sheriff of Surrey is commanded that he take no custom in that fair nor suffer it to be taken, and that he cause public proclamation and prohibition to be made, that in future none take toll on the occasion of that fair.

Cal. of Close, 1231-5, 245.

Stallkeepers made payments called stallage for the sites they occupied to the holder of the market or fair.