Fairs, past and present

by Cornelius Walford

Macpherson (“Annals of Commerce”) is of opinion, after an examination of the trading of the chief commercial ports of Great Britain, that by the middle of the twelfth century (A.D. 1156) “the foreign trade was almost entirely conducted by foreign merchants;” indeed he declared it to be “evidently” so. I expect to be able to show that the great centres of trade at this period were the fairs held in various parts of the kingdom. The case of Sturbridge Fair (Cambridge) is a remarkable instance.

1216.—The first Great Charter of Henry III. confirmed the provisions of Magna Charta as to merchants, except in the case of those who had been before publicly prohibited. The privileges thus accorded to foreign merchants were seven. (1) To come into England (2) To depart thereout (3) To remain (4) To travel by land or water (5) To buy and sell (6) To be free of evil tolls[3] (7) To enjoy the ancient customs. This last was of material consequence, and implied privileges not common to ordinary persons. The promise of freedom from “evil tolls” hardly less so, as will hereafter appear.

These early privileges accorded to foreign merchants who visited our shores seem so natural to us, in these free-trade times, that we have a difficulty in realizing at the first glance the full measure of their significance. It may aid us in doing so if I review the general regulations regarding foreigners which prevailed (reciprocally) in most of the countries of Europe prior to this period (thirteenth century) and in many cases long thereafter. Every foreigner was answerable to the debts, and even crimes of all other foreigners of his own nationality[4]—and the question of nationality was very freely interpreted in some such cases. And in the case of the death of a foreign merchant his property in possession was either forfeited to the King or fell a prey to the rapacity of the lord of the soil in whose territory the death occurred.[5] Further, by an early custom of London, merchants giving reference for strangers, who purchased goods on the credit of such references, were held liable to pay for the goods so obtained. Thus under the custom of merchants, two persons of the same nationality being found in arrear, the whole debt might be charged to one of them—as the creditor might select!

These restrictions removed, or greatly modified, it is no wonder that fairs greatly increased in numbers and importance.

1235. This same monarch Henry III. gave special permission to the merchants of Cologne to attend fairs in all parts of England. This was probably in consequence of some claim from the branch of the Hanseatic League established in London, to trade in its corporate capacity exclusively for the cities which belonged to the confederacy. There was another association of German merchants settled in London at this date.

1275. The First statute of Westminster (c. 23) was intended to remedy the state of primitive justice already spoken of, and which to a large degree arose out of local jurisdictions. Under it no foreign person—that is to say, one who was not free of the town he visited—which is of this realm (i.e. of England) was to be distrained for any debts but his own in any city, burgh, town, market or fair.

1283. The statute de Mercatoribus (11 Edw. I.) was intended to assist merchants in the recovery of their debts, and thus to encourage them to trade in England. When they supplied goods and the debt was acknowledged before royal officers in specified towns, they could be empowered under the King’s seal to distrain for debt in default of payment. At Acton Burnel this new scheme was determined on, for trial in London, York, and Bristol; and after two years it was decreed (Statutum Mercatorum, 1285, 13 Edw. I.) that it should be brought into much more extensive operation by giving similar facilities in many other places, especially in fairs, and a much greater number of royal officers were empowered to act in the matter. These privileges were not limited to men from particular towns or countries: all foreign merchants could avail themselves thereof, except when this kingdom was at war with their native land. The clause relating to the “Seal of the Fair” was as follows:—

“And a Seal shall be provided that shall serve for Fairs, and the same shall be sent unto every Fair under the King’s Seal, by a Clerk sworn, or by the Keeper of the Fair, and the Seal shall be opened before them, and the one piece shall be delivered unto the aforesaid merchants, and the other shall remain with the Clerk; and before them, or one of the merchants, if both cannot attend, the Recognizances shall be taken as before is said.”

In the case of London two merchants of the Commonalty should be chosen that should swear compliance with this law.