Fairs, past and present

by Cornelius Walford

Barrington, in his “Observations on the Statutes,” observes that “In the Burrow Laws of Scotland, an alien merchant is called Piedpuldreaux, and likewise ane Farand-man, or a man who frequents fairs. The Court of Piepowder is, therefore, to determine disputes between those who resort to fairs and these kind of Pedlars who generally attend them. Pied puldreaux in Old French signifies a Pedlar, who gets his livelihood by vending his goods where he can, without any certain or fixed residence.”

In the “Regiam Majestatem,” 1609, there is the following: “Gif ane stranger merchand travelland throw the Realme, havand na land, nor residence, nor dwelling within the schirefdome, bot vaigand fra ane place to ane other, quha therefore is called Pied Puldreaux, or dustifute.”

Hence then the Court of Pie Powder signifies in simple language a Court of Pedlars.

Such Courts were held in the markets of the Romans, as they were in the markets of the Normans, and probably all through the old Roman Europe. But they had yet an earlier origin. Demosthenes makes it plain that all causes relating to the festival of Bacchus were heard on the spot. Fairs were associated with the Olympic games; and it seems clear descended from the festivities of the Greek Church.

The necessity in all fairs of a tribunal which could promptly deal with the differences arising amongst a fleeting population were the same, quite irrespective of where the fair might chance to be held. Again the merchants attending the principal fairs of different countries were in a large degree the same. They travelled from country to country. What they found beneficial in one part of the globe was equally so in another, and hence became adopted as of course. The tribunals of commerce which once existed in England, and which still exist in various parts of Continental Europe, are analagous to the Courts of Piepowder held at fairs.

In an account of a fair held in the northern region of Lapland as far back as two centuries ago (1681), a Court of Piepowder is recorded as one of its features.

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....