Fairs, past and present

by Cornelius Walford

The King Lords and Commons therefore enacted that every freeman and citizen of London then or thereafter, might go with his victual ware or merchandise, at his or their liberty to any fair or market that should please him within the realm of England, any act, statute or ordinance to the contrary notwithstanding. Any disregard of the statute to incur a penalty of £10 to the king.

1496. The Company of Merchant-Adventurers of England which was said to have been in existence for nearly two centuries—although not actually chartered until 1505—took steps about this period calculated to interfere with the freedom of British merchants to attend fairs and marts in foreign countries.

The merchants who traded on their own individual account residing in various parts of England and of the City of London, sent up a petition to the House of Commons, (as against the claims of the said Company of Merchant-Adventurers) wherein it was set forth that they traded beyond the sea with their goods and merchandise, as well into Spain, Portugal, Bretagne, Ireland, Normandy, France, Seville, Venice, Dantzic, Eastland, Friseland and many other parts—the geography is often a little hazy in these early documents—there to buy and sell and make their exchanges, according to the laws and customs of those parts: every one trading as seemed most to his advantage, without sanction, fine, imposition or contribution, to be had or taken of them, or any of them, to for, or by, any English person or persons. And in like sort they, before this time had used, and of right ought to have and use the like commerce into the coasts of Flanders, Zealand, Holland, Brabant, and other adjacent parts, under the obedience of the Archduke of Burgundy; in which places are usually kept the universal marts or fairs, four times in the year; to which marts all Englishmen, and divers other nations in times past, have used to resort, there to sell their own commodities, and freely to buy such merchandise as they had occasion for: till now of late, the Fellowship of Mercers, and other merchants and adventurers, dwelling and being free within the City of London by confederacy amongst themselves, for their own singular profit, contrary to every Englishman’s liberty, to the liberty of the said mart there, and contrary to all law, reason, charity, right and conscience have made an ordinance among themselves to the prejudice of all other Englishmen, that no Englishman resorting to the said mart, shall either buy or sell any merchandise there, unless he shall first have compounded and made fine with the said Fellowship of Merchants of London, at their pleasure; upon pain of forfeiture to the said Fellowship of such their said merchandise. Which fine, imposition, and exaction, at the beginning, when first taken, was demanded by colour of the Fraternity of St. Thomas Becket; at which time it was only an old noble sterling. And so by colour of such feigned holiness, it hath been suffered to be taken of a few years past: it was afterwards increased to 100 shillings, Flemish; but now the said Fellowship of London take of every Englishman or young merchant, being there, at his first coming £40 sterling for a fine, to suffer him to buy, and sell his own goods. By reason whereof, all merchants not of the said Fellowship, do withdraw themselves from the said marts: whereby the woollen cloth of this realm, which is one of the greatest commodities of the same, as well as sundry other English commodities of the same, as well as sundry other English commodities, are not sold and got off as in times past, but are for want of sale thereof, in divers parts, where such clothes are made, conveyed to London, and there sold at an undervalued price, even below what they cost the makers. Moreover the merchandise of those foreign parts, imported by the said Fellowship, is sold to your complainants and other subjects at so high a price that the buyers cannot live thereupon; by reason whereof all the cities and towns of the realm are falling into great poverty, ruin and decay: and the King’s customs and subsidies, and the navy of the land greatly decreased.

It was therefore enacted (12 Hen. VII. c. 6) that all Englishmen from henceforth should and might freely resort to the Coasts of Flanders, Holland, Zealand, Brabant, and other parts adjoining, under the obedience of the Archduke; and at their marts or fairs there, sell their merchandise freely, without exaction, fine, imposition, or contribution taken or received of any of them by the said Fraternity or Fellowship, excepting only the sum of ten marks [£6 13s. 4d.] sterling, on pain of forfeiting £20 for every time they take more; and shall also forfeit to the person so imposed on ten times so much as contrary to this act was taken of him. See 1554.

Welsh Fairs.—1534. There was enacted 26 Hen. VIII. c. 6—The Bill concerning Councils in Wales—which recited: “Forasmuch as the people of Wales, & the marches of the same, not dreading the good & wholesome Laws & Statutes of this Realm, have of long time continued & persevered in Perpetration & Commission of divers & manifold Thefts, Murthers, Rebellions, wilful Burning of Houses & other scelerous Deeds & abominable malefacts, to the high displeasure of God, Inquietation of the Kings well-disposed subjects, & Disturbance of the Public Weal, wʰ malefacts & scelerous Deeds be so rooted & fixed in the same People, that they be not like to cease unless some sharp correction & Punishment for Redress & Amputation of the Premises be provided, according to the Demerits of the offenders.” Whereupon it was enacted (inter alia):

That no person or persons dwelling or resident within Wales or the Lordships marches of the same, of what Estate, Degree, or Condition soever he or they be of, coming, resorting, or repairing unto any Sessions or Court to be holden within Wales or any Lordships, marches, of the same shall bring or bear, or cause to be brought or born to the same Sessions or Court or to any place within the distance of two miles from the same Sessions or Court, nor to any Town, Church, Fair, Market or other congregation, except it be upon a Hute or Outcry made of any Felony or Robbery done or perpetrated, nor in the Highways in affray of the King’s Peace, or the Kings liege People, any Bill, Long-bow, Cross-bow, Hand-gun, Sword, Staff, Dagger, Halbert, More-spike, Spear, or any other manner of weapon, Proof-coat or Armour defensive, upon pain of forfeiture of the same and of imprisonment and fine, except permission by given by the proper authorities authorised thereto.

Robberies in Fairs.—1552. The 5 and 6 Edw. VI. c. 9—An Act for the taking away of the Benefit of Clergy for certain offenders recites: (3) “And where also it hath been in question & doubted, that if such Robberies & Felonies happen to be committed & done in any Booth or Booths, Tent or Tents in any Fair or market, the Owner of the same, his wife, Children or Servants happening to be within the same at the time of the committing of such Felonies, & put in fear & dread, the offenders therein being found guilty after the Laws of this Realm, should not lose the Benefit of Clergy.”

Whereupon it was enacted that persons so offending should not be entitled to benefit of Clergy, but should suffer death in such manner and form as was mentioned in the act 23 Hen. VIII. c. 1, for Robberies and Felonies committed and done in Dwelling houses and Dwelling places, the Owner and Dweller in the same, his wife children or servants being within the same, and put in fear and dread, without having any respect or consideration whether the owner or dweller in such booths and tents his wife, children or servants being in the same Booths or Tents at the time of such Robberies and Felonies committed, shall be sleeping or waking.

Restricting the dealing in Fairs.—1554. By the 1st and 2nd Philip and Mary, c. 7—An Act for that Persons dwelling in the Country shall not sell divers Wares in Cities or Towns Corporate by retail—it is recited: Where before this time the ancient Cities, Boroughs, Towns Corporate and market Towns (within this Realm of England) have been very populous, and chiefly inhabited with merchants, Artificers, and Handicraftsmen, during which time the Children in those Cities were civilly brought up and instructed, and also the said cities &c. kept in good order and obesience, and the inhabiters of the same well set on work and kept from idleness. (2) By reason whereof, the said Cities &c. did then prosper in riches and great wealth, and were as then not only able to serve and furnish the King and Queens majesties, and their noble progenitors, Kings of this Realm, as well with great numbers of good able persons and well furnished, meet for the wars, as also then charged, and yet chargeable with great fee-farms, Quindismes, Taxes, and divers other payments to the King and Queen’s Majesties, which at this present they be not able to pay and bear, but to their utter Undoing, being few in number to pay and bear the same; but also the same Cities &c. are likely to come very shortly to utter destruction, ruin and decay; (3) by reason whereof the occupiers, Linendrapers, woollen-drapers, Haberdashers and Grocers dwelling in the Counties out of the said Cities &c. do not only occupy the art and mystery of the said Sciences in the places where they dwell and inhabit, but also come into the said Cities &c. and there sell their wares, and take away the Relief of the inhabitants of the said Cities &c. to the great decay and utter undoing of the inhabitants of the same, if speedy reformation therein be not had in time convenient. (4) For remedy whereof and for the better amendment of the said Cities &c. to the end that the same Cities &c. may be better able to pay the said Fee-farms, and also to bear the other ordinary charges within the same Cities &c. and to furnish the King and Queen’s majesties with numbers of able persons, like as they have heretofore done in times past, in times of War.