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.
For remedy whereof it was Ordained & Established that from the first day of May then next ensuing no Steward, Under-steward, Bailiff, Commissary, nor other minister of any such Courts of Pypowders should hold plea upon any action at the Suit of any person or persons, unless the Plaintiff or plaintiffs, or his or their attorney, in the presence of the defendant or defendants do swear upon the holy Evangelists, upon the Declaration, that the Contract or other Deed contained in the sᵈ Declaration was made or committed within the Fair & within the Time of the sᵈ Fair where he taketh his action, & within the bounds & jurisdiction of the same Fair. The Defendant might plead that the cause did not arise out of the Fair. If the plaintiff refused to swear the defendant shᵈ be quit. The penalty on a Steward for holding a Court contrary to this act 100½ shillings. This act to be Proclaimed, & was to continue until the first day of the next Parliament “Provided always, That this act nor anything comprised in the same act be hurtful & prejudicial to William now Bishop of Durham, nor to his successors within the Liberty & Franchise of the Bishoprick of Durham.” This act was amended in slight details by 1 Rich. III. c. 6 (1483). See Chap. V.
Appeal.—1779. By the 19 George III. c. 70 right of appeal was given against the judgments of any of the inferior courts—and hence against those of the Courts of Piepowder—by means of a writ of error to the superior courts at Westminster; and such courts were to have the right of issuing writs of execution in aid of their processes after judgment not appealed against. This largely extended the efficacy of this particular court, as goods of the defendant—not in the fair, and therefore beyond the ancient jurisdiction of this court—could now be levied upon.
CHAPTER V.
LEGISLATION FOR FAIRS IN ENGLAND.
Duration of Fairs.
1328.
