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diff --git a/43667-8.txt b/43667-8.txt deleted file mode 100644 index 1e6a779..0000000 --- a/43667-8.txt +++ /dev/null @@ -1,2244 +0,0 @@ -The Project Gutenberg EBook of Extracts Relating to Mediaeval Markets and -Fairs in England, by Helen Douglas-Irvine - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org - - -Title: Extracts Relating to Mediaeval Markets and Fairs in England - -Author: Helen Douglas-Irvine - -Release Date: September 8, 2013 [EBook #43667] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK EXTRACTS--MEDIAEVAL MARKETS, FAIRS *** - - - - -Produced by Chris Curnow and the Online Distributed -Proofreading Team at http://www.pgdp.net (This file was -produced from images generously made available by The -Internet Archive) - - - - - - -Transcriber's Note: Minor typographical errors have been corrected -without note. Irregularities and inconsistencies in the text have -been retained as printed. Words printed in italics are noted with -underscores: _italics_. - - -SOURCE BOOKS OF ENGLISH HISTORY FOR USE IN SCHOOLS - -EDITED BY K. H. VICKERS, M.A. - -EXTRACTS RELATING TO MEDIAEVAL -MARKETS AND FAIRS IN ENGLAND - - - - -EXTRACTS RELATING TO MEDIAEVAL MARKETS AND FAIRS IN ENGLAND - - -BY - -HELEN DOUGLAS-IRVINE - -M.A. ST. ANDREWS - -AUTHOR OF "THE ROYAL PALACES OF SCOTLAND," "THE HISTORY OF LONDON" - - -LONDON -MACDONALD & EVANS -4, ADAM STREET, ADELPHI, W.C. -1912 - - - - -CONTENTS - - - PAGE - -INTRODUCTION 9 - -ANGLO-SAXON MARKETS 11 - -EFFECT OF THE CONQUEST 14 - -NEW CREATIONS 16 - -MARKET-PLACES 19 - -SMITHFIELD MARKET UNDER HENRY II. 24 - -SPECIAL PRIVILEGES 25 - -PIED POUDRE COURTS 26 - -PROFITS 30 - -PRE-EMPTION AND PRISAGE 36 - -MARKET HOUSES 39 - -ENFORCEMENT OF REGULARITY 40 - -SUPERVISION OF SALES 44 - -FOREIGN MERCHANTS 48 - -MISCELLANEOUS POINTS OF INTEREST 51 - -DEGENERATION OF FAIRS 54 - - - - -EDITOR'S GENERAL PREFACE. - - -This series of source-books aims at providing illustrations of various -aspects of English history at a price that will enable the teacher to -place them in the hands of the pupils themselves. All teachers of -history are agreed as to the value of using the "original documents" in -their work as a means of making their pupils realise that they are -studying human life in past ages, but hitherto the consideration of -price has confined the use of them almost entirely to the teachers -themselves. In the series here prepared for the use of scholars and -teachers alike the volumes are each devoted to one aspect of history, -so that the teacher can select that one which will illustrate the -particular line taken. Thus, one will be on "Markets and Fairs," for -use when the teaching has an economic basis, another will deal with -political events, and another with the social side of history. Great -care has been taken to secure extracts from contemporary and reliable -authorities. - -K. H. V. - - - - -INTRODUCTION - - -Fairs and markets are not different institutions--a fair is a market of -a particular kind, an important market held not once or several times a -week, but once or several times a year. The customs, the rights, and -the law of markets are therefore relevant to fairs; and generalisations -as to markets apply to fairs. - -There is no direct evidence as to the origin of markets and fairs in -England. Early Oriental and classical literature indicate that they -have served all peoples whose development has reached a certain stage. -As communities cease to be entirely self-supporting trade arises -naturally; and trade is obviously facilitated by a concentration in -particular places at particular times of sellers and buyers. Certain of -these gatherings had in the ninth century already been regularised in -England as markets. The king or other lord had become responsible for -the validity of sales in them, and suffered them to take place within -the territory over which he had power. In return he received from the -market people tolls, fines for transgressions, and other dues, which -were a considerable source of profit, sufficient to make the tenancy of -a market an object of desire. It was frequently acquired by a religious -house. - -It is noteworthy that the king was regarded as the original holder of -all market right in England. The lord who had a market on his manor, -whether in virtue of a royal charter or by force of a custom of which -the beginning had been forgotten, was considered to exercise a right -which initially had been derived from the king. In historic times the -establishment of new markets has been, until recently, only possible by -means of a royal grant. - - - - -ANGLO-SAXON MARKETS. - - -873-99. _Grant to the church of St. Peter, Worcester, of half the -rights of Worcester Market._ - -To Almighty God, true Unity and holy Trinity in heaven, be praise and -glory and rendering of thanks, for all his benefits bestowed upon us. -Firstly for whose love and for St. Peter's and the church at Worcester, -and at the request of Werfrith the bishop, their friend, Aethelraed the -ealdorman, and Aethelflaed commanded the burh at Worcester to be built, -and eke God's praise to be there upraised. And now they make known by -this charter that of all the rights which appertain to their lordship, -both in market and in street, within the byrg and without, they grant -half to God and St. Peter and the lord of the church; that those who -are in the place may be the better provided, that they may thereby in -some sort easier aid the brotherhood, and that this remembrance may be -the firmer kept in mind, in the place, as long as God's service is done -within the minster. And Werfrith, the bishop, and his flock have -appointed this service before the daily one, both during their lives -and after, to sing at matins, vespers, and undernsong the psalm _De -Profundis_, during their lives, and after their death _Laudate -Dominum_; and a mass for them whether alive or dead. Aethelraed and -Aethelflaed proclaim that they have thus granted with goodwill to God -and St. Peter, under witness of Aelfred the king and all the witan in -Mercia; ... as for ... wohcéapung,[1] and all the customs from which -any fine may arise, let the lord of the church have half of it, for -God's sake and St. Peter's, as it was arranged about the markets and -the streets; and without the market-place let the bishop enjoy his -rights, as of old our predecessors decreed and privileged. Aethelread -and Aethelflaed did this by witness of Aelfred the king, and by witness -of those witan of the Mercians whose names stand written hereafter, and -in the name of God Almighty they abjure all their successors never to -diminish these alms which they have granted to the church for God's -love and St. Peter's. - - Kemble, _Codex Diplomaticus_, No. 1075. _Saxons in England_, I. - 328. - - [1] Fine for buying or selling contrary to the rules of the - market. - - -904. _Grant by Edward of Wessex, son of King Alfred, to the church of -Winchester of Taunton Market._ - -I Edward, who by divine and indulgent clemency am king of the Anglo-Saxons, -... consent of my magnates whose names are written below, ... grant for -ever the market of the town of Taunton, which in English is called -_thaes tunes cyping_, ... to the holy church of God in the city of -Winchester, ... without limitation or impediment and with all -easements.[2] - - Kemble, _Codex Diplomaticus_, No. 1084. - - [2] Services or conveniences, yielding no direct profit, - which a holder of property rights had in respect of his - neighbours, _e.g._, right of way, lights. - - -968. _Confirmation of Edward's grant by Edgar._ - -Here is made known in this writing how King Edgar renewed the liberty -of Taunton, for the Holy Trinity and St. Peter and St. Paul, to the -episcopal see of Winchester, as King Edward had before freed it, ...; -and let the town's market and the produce of the town-dues go to the -holy place, as they did before, in the days of my forefathers, and were -levied for Bishop Aelfeah and every one of those who enjoyed the land. -Whoever will increase this liberty, may God increase his prosperity in -a long life here and in eternity. But if any, through audacity and the -instigation of the devil and his limbs, will violate this liberty or -pervert it to another, unless ere his departure hence he make -reparation, be he with malediction cut off from the communion of our -Lord and all his saints, and ever be tormented in hell torture, with -Judas who was Christ's betrayer. - - Thorpe, _Diplomatarium Anglicium Aevi Saxonici_, 235. - - -_Circa 901-21. Law of Edward and Guthrum._ - -If any man engage in Sunday marketing, let him forfeit the chattel, and -twelve ores among the Danes, and thirty shillings among the English. - - Thorpe, _Ancient Laws and Institutes_, 73. - - -_Circa 1020. Charter of Canute._ - -We admonish that men keep Sunday's festival with all their might, and -observe it from Saturday's noon to Monday's dawning; and no man be so -bold that he either go to market or seek any court on that holy day. - - Stubbs, _Select Charters_, 76. - -_N.B.--These latter enactments were chiefly distinguished by their -breach, for throughout the middle ages English markets were frequently -held on Sunday. They were probably abortive attempts on the part of -pious legislators to end a custom which seemed to them ungodly._ - - - - -EFFECT OF THE CONQUEST. - - -In Domesday Book there is evidence of a considerable number of markets -which had existed in England under Edward the Confessor, and which -usually yielded to their holders an annual profit of from 20s. to 40s., -in those days large sums of money. New markets were in some cases -established by the Norman lords who acquired English lands, and they -tended to disorganise the market economy. - - -1087. _The ruin of the bishop's market at St. Germans._ - -The bishop has a lordship called St. Germans. In that lordship, on the -day on which King Edward lived and died, there was a market held on -Sunday. And now it is made nothing by the market set up close at hand -by the count of Mortain in his castle, on the same day. - - _Exon. Domesday_ (Rec. Com.), 182, 470. - - -1087. _Necessity to change the day of the market at Hoxne in Suffolk._ - -Ailmarus, the bishop, held Hoxne in the time of King Edward.... In this -manor there was a market in the time of King Edward and afterwards. -William the king came, and the market was held on Sunday. And William -Malet made his castle at Eye; and on the same day on which there was a -market in the bishop's manor, William Malet made another market in his -castle, and that so much to the detriment of the bishop's market that -this was of little worth. Now therefore it is held on Friday, but the -market of Eye still takes place on Sunday. - - _Domesday_ (Rec. Com.), II. 379. - - -1087. _Abolition of Launceston Market._ - -The canons of St. Stephen hold Launceston. Thence the count of Mortain -has now taken a market, which was situated there in the days of King -Edward, and which was worth 20s. - - _Domesday_ (Rec. Com.), I. 120b. - - -It appears always to have been the intention of the Government that -markets and fairs should be held only in the stronger places of the -country, where the just and peaceful transaction of business could be -secured. Such a situation was in the later middle ages the rule, but -that in an early period it was not universal appears from the existence -of legislation on the subject. - - -1066-87. _Law of William the Conqueror._ - -We forbid that any market or fair be held or suffered except in the -cities of our realm and in the walled boroughs and in castles and in -the safest places, where the customs of our realm, and our common -right, and the dues of our crown, which were constituted by our good -predecessors, cannot suffer loss nor fraud nor violation; for we will -that all things be done with right forms and openly, and in accordance -with judgment and with justice. - - Thorpe, _Ancient Laws and Institutes_, 212. - - - - -NEW CREATIONS. - - -1214. _Grant of a market and fair to William of Lancaster._ - - THE KING TO THE SHERIFF OF WESTMORELAND GREETING. - -Know that we have granted to our beloved and faithful William of -Lancaster that we have every week a market at his manor of Barton on -Thursday, and that he have a fair there every year to last two days, -the vigil and the feastday of All Saints. And therefore we command you -to cause that the said William have the market and fair according to -the tenor of our charter which he has. - - _Cal. Rot. Lit. Claus._ (Rec. Com.), I. 173. - - -1215. _Grant of a market to the men of Beer Hackett._ - - THE KING TO THE SHERIFF OF DORSET GREETING. - -Know that we have granted to our men of Beer that they have a market at -Beer every week on Wednesday, so that it be not to the injury of -neighbouring markets. And therefore we command you to cause them thus -to have that market. - - _Cal. Rot. Lit. Claus._ (Rec. Com.), I. 220. - - -1205. _Creation of a royal fair having for three years special -privileges._ - -Mandate to the sheriff of Oxford that he cause a fair to be at -Wallingford every year to last for four days, for Friday in Pentecost -week and the three following days, and that that fair be free and quit -of toll and all customs which pertain to such fairs for three years. - - Given by the Lord King at Oxford on the 28th day of March. - - _Cal. Rot. Lit. Claus._ (Rec. Com.), I. 24. - - -A fair or market was sometimes bought from the crown. - - -1221. _Remission of the price of the right to hold a market and fair._ - - THE KING TO THE BARONS OF THE EXCHEQUER GREETING. - -Know that for God's sake we have pardoned the abbot of Hale the palfrey -by which he made fine to us for having a market every week on Wednesday -at Hale, and a fair every year lasting for two days, the eve and the -feastday of St. Dennis, that thus he may make two chalices in his abbey. - - _Cal. Rot. Lit. Claus._ (Rec. Com.), 477. - - -1298. _To the Sheriff of Hereford._ - -Order to supersede entirely the levying of 11 marks from Miles Pychard, -for the fee of a charter of fair and market granted in the twenty-third -year of the reign, as Miles paid this sum into the wardrobe by the -hands of John de Drokenesforde, keeper thereof. - - _Cal. of Close_, 1296-1302, 171. - - - _A Fair which was Farmed._ - - -1331. TO THE TREASURER AND BARONS OF THE EXCHEQUER. - -Order to cause William de Pynlande, clerk, to be discharged of 50s. -yearly for the fair of Lopen in Somerset, ... the king having committed -the fair to Gilbert Talebot for the term of twenty years. - - _Cal. of Close_, 1330-3, 265. - - -Some precautions were taken that new markets and fairs should not be -established where they would damage those which already existed. A -saving clause to this end was usually inserted in the grants. - - -1205. _Grant of a market at Wilton._ - - THE KING TO THE SHERIFF OF HEREFORD GREETING. - -Know that we have granted to Henry de Longchamp that he have a market -at Wilton every Tuesday, so that it be not to the injury of -neighbouring markets. And therefore we command you to cause that he -hold it, and to cause this to be proclaimed throughout your bailiwick. - - _Cal. Rot. Lit. Claus._ (Rec. Com.), I. 50. - - - _Provision against Encroaching Markets._ - - -1205. THE KING TO THE SHERIFF OF LINCOLN GREETING. - -Because we granted to our beloved Thomas of Muleton a market to be held -at Flete every week on Sunday, before we granted to Fulk of Oyri his -market at Gedney on the same day: we will that the said Thomas stand -and hold as we granted to him, and that Fulk's market be on another -day. And therefore we command you that you cause this to be done. - - _Cal. Rot. Lit. Claus._ (Rec. Com.), I. 20. - - -1214. THE KING TO THE SHERIFF OF OXFORD GREETING. - -We command you that the market of Crowmarsh, which is held to the -injury of our market at Wallingford, and which by our precept was -forbidden to be held for one turn, be prohibited and entirely -abolished. - - _Cal. Rot. Lit. Claus._ (Rec. Com.), I. 175. - - -1222. THE KING TO THE SHERIFF OF SOMERSET GREETING. - -We have heard that a market has been newly established without warrant -at Wechat to the detriment of the market of Dunster. And therefore we -command you that if so it be, then without delay you cause such market -to be forbidden, so that for the future no market be there held to the -detriment of the market of Dunster. - - _Cal. Rot. Lit. Claus._ (Rec. Com.), I. 527b. - - - - -MARKET-PLACES. - - -Markets and fairs were held sometimes in open and outlying places, as -at Smithfield; but more frequently in central parts of their towns--in -graveyards, in the market-places of which many survive, and in the -streets. The last case has named streets in many English towns "Cheap" -or "Cheapside," for "cheap" meant "market." - - -1223. THE KING TO THE MAYOR AND BAILIFFS OF LINCOLN GREETING. - -We command you that on our behalf you cause to be forbidden that any -market be held in future at Lincoln in the graveyards, but that the -markets be held in the streets of that city, where best and most -adequately you shall provide that they be. - - _Cal. Rot. Lit. Claus._ (Rec. Com.), I. 547. - - -1233. The king has granted to Hamo de Crevecquer that the market, which -has been used to be held every week on Sunday at Brenchley in the -graveyard of the church, be held henceforth on the land of Hamo of -Brenchley, and that he and his heirs have there every year a fair to -last three days, the vigil, the day and the morrow of the feast of All -Saints. And the sheriff of Kent is commanded to cause that market and -the fair to be proclaimed, and to be held as aforesaid. - - _Cal. of Close_, 1231-4, 234. - - -1234. The king has granted to the prior and the brethren of the bridge -of Lechlade that they have for ever at Lechlade bridge every year a -fair, to last for five days, the eve and the feastday of the -Decollation of St. John the Baptist and the three following days. - - _Cal. of Close_, 1231-4, 398. - - -1235. The king has conceded to Henry, Abbot of St. Edmund, that he and -his successors have yearly for ever two fairs in the suburb of the town -of (Bury) St. Edmunds, namely one outside the north gate, outside the -town, beside the hospital of St. Saviour, to last for three days, the -eve, the day, and the morrow of the feast of the Transfiguration of the -Lord; and another outside the south gate of the town, likewise to last -for three days, the eve, the day, and the morrow of the feast of the -Translation of St. Edmund: unless such fairs be to the injury of -neighbouring fairs. And the sheriff is commanded to cause this charter -to be read in full county court, and these fairs to be proclaimed and -held. - - _Cal. of Close_, 1234-7, 61. - - -Encroachments on market-places were not lawful without special licence. - - -1123. _Foundation of the Priory of St. Bartholomew on part of -Smithfield market-place by Rahere, first prior._ - -Since the place godly to him (Rahere) shown was contained within the -king's market, of the which it was not lawful to princes or other -lords, of their proper authority, anything to diminish, neither yet to -so solemn an obsequy to depute: therefore, using ... men's counsel, in -opportune time he addressed him to the king, and before him, and the -Bishop Richard (de Belmeis, Bishop of London) being present, the which -he had made to him favourable before, effectually expressed his -business, and that he might lawfully bring his purpose to effect meekly -besought. And nigh him was he (St. Bartholomew) in whose hand it was, -to what he would the king's heart to incline, and ineffectual these -prayers might not be, whose author is the apostle, whose gracious -hearer was God: his word therefore was pleasant and acceptable in the -king's eye. And when he had weighed the good will of the man prudently, -as he was witty, he granted to the petitioner his kingly favour, -benignly giving authority to execute his purpose. And he, having the -title of the desired possession, of the king's majesty, was right glad. - - _Book of the Foundation of the Church of St. Bartholomew, London._ - Original Latin version (Cotton MS., Vesp., B. IX., fols. 41-3), - written 1174-89. Old English version written about 1400 and edited - by Norman Page. - - -In the greater markets particular places were assigned to the sellers -of particular wares. - - _Ancient Regulation of Oxford market renewed in 1319._ - -The sellers of straw, with their horses and carts that bring it, shall -stand between East Gate and All Saints' church, in the middle of the -king's highway. - -The sellers of wood in carts shall stand between Shydyerd Street and -the tenement sometime of John Maidstone.... - -The sellers of timber shall stand between the tenement which is called -St. George's Hall and St. Edward's Lane.... - -The sellers of hogs and pigs shall stand between the churches of St. -Mary and All Saints and on the north side of the street. - -The ale or beer shall stand between St. Edward's Lane and the tenement -sometime of Alice de Lewbury on the south side of the king's highway. - -The sellers of earthen pots and coals shall stand between the said lane -of St. Edward and the tenement sometime of John Hampton ... and from -that place upward. - -The sellers of gloves and whittawyers shall stand between All Saints' -church and the tenement which was sometime John the Goldsmith's.... - -The sellers of furs (? monianiorum) and linendrapers and langdrapers -shall stand from the tenement which was John the Goldsmith's to the -tenement of the abbot of Osney, in the corner, which John Smith -sometime inhabited. - -The bakers selling bread called Tutesyn shall stand between the shop -which Nicholas the Spicer now holdeth and the tenement which John -Coyntroyer holdeth. - -The foreign[3] sellers of fish and those that are not free or of the -Gild shall stand on market days behind the said sellers of bread, -towards the middle of the street. - -The foreign or country poulterers shall stand between Mauger Hall and -the tenement called Somenois Inn.... - -The sellers of white bread shall stand on each side of Quatervois, from -the north head thereof toward the south. - -The tanners shall stand between Somenois Inn and Quatervois. - -The sellers of cheese, eggs, milk, beans, new peas, and butter, shall -stand on Quatervois Corner on each side of the way towards the Bailly. - -The sellers of hay and grass at the pillory. - -The sellers of rushes and brooms opposite to the Old Drapery. - -The sellers of corn shall stand between North Gate and Mauger Hall. - -The fruiterers ... shall stand from Guildhall down towards Knap Hall. - -The sellers of herbs ... shall stand from Knap Hall towards Quatervois. - -The sellers of dishes ... between Baptys Inn and Stokenrow, near to the -Palace. - -The sellers of fresh fish which are of the Gild shall stand as they -were formerly wont to do, under the palace of Nicholas the Spicer. - -The sellers of wood from the great Jewry to the tables where fish is -sold. - -The carts with thorns and bushes shall stand between North Gate and -Drapery Hall on the west side of the street. - - Oxford Hist. Soc., _Collectanea_, II. 13 (reprint of MS. of Anthony - Wood). - - [3] Foreign here denotes all persons not inhabitants of - Oxford. - - - - -SMITHFIELD HORSE AND CATTLE MARKET UNDER HENRY II. - - -Outside one of the gates there (in London), immediately in the suburb, -is a certain field, smooth (Smith) field in fact and name. Every -Friday, unless it be a higher day of appointed solemnity, there is in -it a famous show of noble horses for sale. Earls, barons, and many -citizens who are in town, come to see or buy. It is pleasant to see the -steppers in quick trot going gently up and down, their feet on each -side alternately rising and falling. On this side are the horses most -fit for esquires, moving with harder pace yet swiftly, that lift and -set down together, as it were, the opposite fore and hind feet; on that -side colts of fine breed who, not yet well used to the bit, - - "Altius incedunt, et mollia crura reponunt."[4] - -In that part are the sumpter horses, powerful and spirited; here costly -chargers elegant of form, noble of stature, with ears quickly -tremulous, necks lifted, haunches plump. In their stepping the buyers -first try for the gentler, then for the quicker pace, which is by the -fore and the hind feet moving in pairs together. When a race is ready -for such thunderers, and perhaps for others of like kind, powerful to -carry, quick to run, a shout is raised, orders are given that the -common horses stand apart. The boys who mount the wing-footed, by twos -or threes, according to the match, prepare themselves for contest; -skilled to rule horses, they restrain the mouths of the untrained with -bitted bridles. For this chiefly they care, that no one should get -before another in the course. The horses rise too in their own way to -the struggle of the race; their limbs tremble, impatient of delay they -cannot keep still in their place; at the sign given their limbs are -stretched, they hurry on their course, are borne with stubborn speed. -The riders contend for the love of praise and hope of victory, plunge -spurs into the loose-reined horses, and urge them none the less with -whips and shouts. You would think with Heraclitus everything to be in -motion, and the opinion to be wholly false of Zeno, who said that there -was no motion and no goal to be reached. In another part of the field -stand by themselves the goods proper to rustics, implements of -husbandry, swine with long flanks, cows with full udders, oxen of bulk -immense, and woolly flocks. There stand the mares fit for plough, dray -and cart, some big with foal, and others with their young colts closely -following. - - William Fitzstephen, _Description of the Most Noble City of - London_, prefixed to his _Life of Thomas à Becket_. (Translation by - H. Morley, prefatory to his edition of Stow's _Survey of London_.) - - [4] "Prance high, and rear their supple necks." - - From Virgil's _Georgics_. - - - - -SPECIAL PRIVILEGES. - - -In some cases the king gave his special protection to markets and -fairs. - - -1133. _Charter of Henry I. to the Priory of St. Bartholomew, Smithfield._ - -I give my firm peace to those who come to the fair which is wont to be -held on the feast of St. Bartholomew in that place (Smithfield), and to -those who go thence; and I command that no royal servant implead them, -nor exact from those who come customs, without the consent of the -canons, on these three days, on the eve of the feast, on the feastday, -and on its morrow. - - Printed in Dugdale, _Monasticon_, VI. 296. - - - _Charter of Henry II. to the burghers of Nottingham._ - -... Moreover all who come to the market of Nottingham shall not suffer -distraint, from Friday evening until Sunday evening, except for the -king's farm. - - Stubbs, _Select Charters_, 167. - - - - -PIED POUDRE COURTS. - - -The term "Pied Poudre" or "Pie Poudre" is generally held to be derived -from the French _pieds poudrés_, that is, dusty feet, and perhaps -arose from the fact that the courts so called were frequented by -chapmen with dusty feet, or less probably from the celerity of the -judgments which were pronounced while the dust was on the feet of the -litigants. The existence of such courts, in connection with fairs, was -common to England and the continent. It is possible that in some cases -and in an early period the business of fairs was not transacted in a -special court. On the other hand, the distinctive feature of Pied -Poudre Courts, the method of trial by the persons best qualified to -judge, the merchants, was akin to the spirit of English law. Therefore -it is probable that they were very early introduced into England. - - - _Definition of Pied Poudre Courts._ - -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. - - -1331. The profits of the bailey of Lincoln, to wit of vacant plots..., -and stallage in the said vacant plots in the times of fairs and -markets. - - _Cal. of Close_, 1330-3, 255. - - -The analogous payment of _piccage_ was for the breaking of the ground -in order to erect stalls. - - -1550. _Grant of Southwark Fair to the city of London._ - -... The mayor and commonalty and citizens, and their successors, shall -and may, from henceforth for ever, have, hold, enjoy and use ... tolls, -stallages, piccages. - - Birch, _Charters of City of London_, 122. - - -A duty called _scavage_ or _shewage_ was exacted from strangers who -sold in the fairs. - - -I have heard also that our townsmen (of Oxford) in their fair, which -they keep at Allhallowtide, do exact of strangers a custom for opening -and shewing their wares, vendible, &c., which is called scavage or -shewage. - - Oxford Historical Society, _Charter of Henry II. to the citizens of - Oxford._, II. 2 (from Twyne's MSS. in the Bodleian). - - -In 1503 it was rendered illegal, except in the case of London, to take -scavage from denizens, otherwise from subjects of the king who were of -alien birth, so long as they sold goods on which due customs had -already been paid. - - -1503. Be it therefore ordained ... that if any mayor, sheriff, bailiff, -or other officer in any city, borough or town within this realm, take -or levy any custom called Scavage, otherwise called Shewage, of any -merchant denizen, or of any other of the King's subjects denizens, of -or for any manner of merchandise to our Sovereign lord the King before -truly customed, that is brought or conveyed by land or water, to be -uttered and sold in any city, borough, or town in this land, ... that -then every mayor, sheriff, bailiff, or other officer, distraining, -levying, or taking any such Scavage, shall forfeit for every time he so -offendeth £20, the one moiety thereof to our Sovereign lord the King, -and the other moiety thereof to the party in that behalf aggrieved, or -to any other that first sueth in that party by action of debt in any -shire within this realm to be sued.... Provided always that the mayor, -sheriffs, and commonalty of the city of London, and every of them, -shall have and take all such sums of money for the said Scavage, and of -every person denizen, as by our Sovereign lord the King and his -honourable council shall be determined to be the right and title of the -said mayor, sheriffs, and commonalty of the said city of London, or any -of them. - - _Statute, 19 Henry VII._, cap. 8. - - -Certain citizens and burghers, who had the privilege of free trade in -England or throughout the king's dominions, were exempt from paying -tolls or other customs. - - - _Charter of Henry I. to the citizens of London._ - -... Let all the men of London be quit and free, and their goods, both -throughout England and in the seaports, of toll and passage[5] and -lastage[6] and all other customs. - - Stubbs, _Select Charters_, 108. - - [5] Passage was probably the due payable for the use of - ferries. - - [6] The most probable explanation of lastage is that it was - the due payable for the right of freely carrying away goods - bought in a market. - - -1384. The Mayor and Aldermen of the City of London to the Abbot and -Bailiffs and Good Folk of the Town of Colchester. - -Desiring them to restore to William Dykeman, Roger Streit, William -Fromond, and Henry Loughton, citizens of London, the distress they had -taken from their merchandise for piccage at Colchester fair; and to -cease in future to take custom of citizens of London, inasmuch as they -are and ought to be quit of piccage, and of all manner of custom -throughout the King's dominion, by charter granted to them by the -King's ancestors. The Lord have them ever in his keeping. - - London. 8th June, 38 Edward III. - - Sharpe, _Cal. Letters of City of London_, 105. - - - _Charter of Henry II. to the citizens of Oxford._ - -... I have granted to them moreover that they be quit of toll and -passage and every custom throughout England and Normandy, on earth, on -water and on the seashore, by land and by strand. - - Stubbs, _Select Charters_, 167. - - -1190. _Charter of Richard I. to the citizens of Winchester._ - -... This also we have granted that the citizens of Winchester of the -Merchant Gild be quit of toll and lastage and pontage[7] in fairs and -outside them, and in the seaports of all our lands, on this side the -seas and beyond them. - - Stubbs, _Select Charters_, 266. - - [7] Pontage was a due payable for crossing bridges. - - -1194. _Charter of Richard I. to the citizens of Lincoln._ - -... This too we have granted that all citizens of Lincoln be quit of -toll and lastage throughout all England and in the seaports. - - Stubbs, _Select Charters_, 266. - - -1200. _Charter of John to the citizens of York confirming a grant by -Richard I._ - -... Know moreover that we have granted and by this charter have -confirmed to our citizens of York quittance of any toll, lastage, -wrec,[8] pontage, passage, or trespass, and of all customs, throughout -England and Normandy and Aquitaine and Anjou and Poitou. Wherefore we -will and straitly command that they be thereof quit, and we forbid that -any disturb them in the matter, on pain of the forfeiture of £10, as is -reasonably testified in the charter of our brother Richard. - - Stubbs, _Select Charters_, 312. - - [8] The liability of shipwrecked goods to be forfeit to the - king, or the local holder, other than the king, of the right - of wreck. - - - _The Great Value of the Market of Retford._ - - -1329. THE KING TO THE JUSTICES IN EYRE IN COUNTY NOTTINGHAM. - -Order not to molest or aggrieve the men of the town of Retford before -them in eyre for holding a market on Saturday in every week in that -town, as the king has granted that they may hold a market there every -week on the said day during the eyre aforesaid, notwithstanding the -proclamation made by the justices according to custom that no market -shall be held in the county during the eyre, the men having shewn to -the king that they hold the town of him at fee-ferm, and he has -assigned the ferm to Queen Isabella for her life, and the greatest aid -they have towards levying the ferm comes from the profit of the said -market, and they have prayed the king that they may hold the fair -notwithstanding the said proclamation, and the king accedes to their -supplication for the reason aforesaid, and because of the distance of -the town of Nottingham. - - _Cal. of Close_, 1327-30, 585. - - - - -PRE-EMPTION AND PRISAGE. - - -The king exercised certain rights of pre-emption, of buying articles -before they were offered for sale in the open market, and of prisage, -of taking from the sellers without payment certain articles for his own -use. - - -1207. THE KING TO THE SHERIFF OF LINCOLN. - -We command you that you acquit in the fair of St. Botolph all the great -falcons which Henry de Hauvill and Hugh de Hauvill bought for our use -in that fair, ... and moreover five hawks which they bought there for -our use. - - _Cal. Rot. Lit. Claus._ (Rec. Com.), I. 85. - - -1218. THE KING TO THE MAYOR OF LYNN GREETING. - -We command you that you satisfy the merchants of the fair of Lynn as to -the merchandise, namely, wax and pepper and cumin, which our bailiffs -took in that fair for our use, and we shall cause payment to be made to -you in London after the close of the said fair. - - _Cal. Rot. Lit. Claus._ (Rec. Com.), I. 365. - - -1237. It was provided at Kennington before the king and his council, -and granted by the king, that his bailiffs who are sent to fairs and -elsewhere to buy wine and cloths and other merchandise for the king's -use, shall take for his use no more than he have need of, and no more -than shall be stated in the king's letters made for them as to the -matter, nor anything for which they have not as warrant a royal brief. -And when they come to fairs they shall take the wares and merchandise -for which they have been sent at once and without long delay, lest any -merchants be unjustly burdened by them, as formerly they have been -burdened. And such bailiffs shall have letters so that four legal -merchants of each fair, in the faith which binds them to God and the -king, reasonably impose prices on the merchandise, in accordance with -the diverse kinds of merchandise which the bailiffs have to buy. - - _Cal. of Close_, 1234-7, 522. - - -1257. _Petition of the barons in the parliament at Oxford._ - -The earls and barons petition ... as to the prises of the lord king in -fairs and markets and cities, that those who are assigned to take the -said prises take them reasonably, as much, that is to say, as pertains -to the uses of the lord king; in which matter they complain that the -said takers seize twice or thrice the amount which they deliver to the -king's uses, and keep the rest, forsooth, for their own needs and the -needs of their friends, and sell thereof a portion. - - Stubbs, _Select Charters_, 385. - - -1417. A Court of our Lord the King, holden before Henry Bartone, Mayor, -and the Aldermen, in the Guild-hall of London, on Tuesday, the 16th day -of February.... - -William Redhede of Barnet was taken and attached, for that when one -Hugh Morys, maltman, on Monday the 15th day of February, ... brought -here to the city of London four bushels of wheat, and exposed them for -sale in common and open market, at the market of Graschurch -(Gracechurch) in the parish of St. Benedict Graschurch in the city -aforesaid, the said William there falsely and fraudulently pretended -that he was a taker and purveyor of such victuals, as well for the -household of our said lord the king as for the victualling of his town -of Harfleur; and so, under feigned colour of his alleged office, would -have had the wheat aforesaid taken and carried away, had he not been -warily prevented from so doing by the constables and reputable men of -the parish aforesaid, and other persons then in the market; in contempt -of our lord the king, and to the grievous loss and in deceit of the -commonalty of the city aforesaid; and especially of the said market and -of other markets in the city, seeing that poor persons, who bring wheat -and other victuals to the city aforesaid, do not dare to come, by land -or by water, through fear of the multitude of pretended purveyors and -takers who resort thither from every side. - -... And thereupon, by the said mayor and aldermen, to the end that -others might in future have a dread of committing such crimes, it was -adjudged that the same William Redhede should, upon the three market -days then next ensuing, be taken each day from the prison of Newgate to -the market called Le Cornmarket opposite to the Friars Minors -(Greyfriars, whose house was on the site of Christ's Hospital), and -there the course of the judgement aforesaid was to be proclaimed; and -after that he was to be taken through the middle of the high street of -Cheap to the pillory on Cornhill, and upon that he was to be placed on -each of those three days, there to stand for one hour each day, the -reason for such sentence being then and there publicly proclaimed. And -after that he was to be taken from thence through the middle of the -high street of Cornhill to the market of Graschurch aforesaid, where -like proclamation was to be made, and from thence back again to prison. - - Riley, _Memorials of London_, 645. - - - - -MARKET HOUSES. - - -Already in the early thirteenth century the greater markets and fairs -were held partly under cover. - - -1222. THE KING TO THE SHERIFF OF GLOUCESTER GREETING. - -We command you that you do not suffer the market which hitherto has -been held at Maurice de Gant's manor of Randwick, and which is to the -injury of our town and market of Bristol, and of other neighbouring -markets, as we have surely learnt. And that you cause the houses built -there on account of the market to be removed without delay. So that -neither ships come thither nor a market is there held otherwise than -was done in the time of the Lord John, King, our father. - - _Cal. Rot. Lit. Claus._ (Rec. Com.), I. 499. - - -1303. TO THE BAILIFF OF SANDWICH. - -Order to cause a house of the king in that town constructed for the -king's fair there ... to be repaired by the view and testimony of John -de Hoo and Thomas de Shelvyng. - - _Cal. of Close_, 1302-7, 55. - - -1345. At a congregation of the mayor and aldermen, holden on the Friday -next before the feast of St. George the Martyr in the 19th year of the -reign of King Edward III., it was ordered for the common advantage of -all the citizens dwelling in the city (of London), and of others -resorting to the same ... that all foreign[9] poulterers bringing -poultry to the city should take it to the Leaden Hall, and sell it -there, between Matins and the hour of Prime, to the reputable men of -the city and their servants for their own eating; and after the hour of -Prime the rest of their poultry that should remain unsold they might -sell to cooks, regratresses (retail saleswomen), and such other persons -as they might please; it being understood that they were to take no -portion of their poultry out of the market to their hostels (lodgings) -on pain of losing the same. - - Riley, _Memorials of London_, 221. - - [9] Poulterers other than Londoners. - - - - -ENFORCEMENT OF REGULARITY. - - -1233. Mandate to the sheriff of Hampshire that he cause strict -proclamation and prohibition to be made in the town of Winchester, that -no merchant of wool, cloths, and hides, do any business in wool, hides -and cloths in the said town of Winchester, after the established term -beyond which the fair of St. Giles is not wont to last. - - _Cal. of Close_, 1231-4, 253. - - -1233. Mandate to the bailiffs of Worcester that they do not permit the -fair and drapery of Worcester to be held on the feast of the Nativity -of Blessed Mary elsewhere than in that place in which it was held in -the time of the Lord John, father of the Lord Henry, King. - - _Cal. Rot. Lit. Claus._ (Rec. Com.), I. 555. - - -1297. On Thursday next before the feast of Pentecost, in the 25th year -of the reign of King Edward, it was ordered in the presence of Sir John -le Bretun, warden of the city of London, and certain of the aldermen, -that by reason of the murders and strifes arising therefrom between -persons known and unknown, the gathering together of thieves in the -market, and of cutpurses and other misdoers against the peace of our -lord the king, in a certain market which had been lately held after -dinner in Soper Lane (on the site of Queen Street, Cheapside), and -which was called _The Neue Faire_; the same should from thenceforth be -abolished, and not again be held, on pain of losing the wares both -bought and sold there; the same market having been established by -strangers, foreigners and beggars, dwelling three or four leagues from -London. - - Riley, _Memorials of London_, 33. - - -1317. TO THE SHERIFF OF LINCOLN. - -Order to cause proclamation to be made that all persons having fairs by -charters of the king or of his progenitors or otherwise, shall cause -the fairs to be held in the manner and form and on the days and times -according to the tenor of the charters, or as they ought to do -according to the title, to wit from time out of mind, and upon no other -days and times, and to summon all persons claiming to have fairs to be -before the king's council at Westminster. - - _Cal. of Close_, 1317-18, 456. - - -1328. It is established that it shall be commanded to all the sheriffs -of England and elsewhere, where need shall require, to cry and publish -within liberties and without that all lords which have fairs, be it for -yielding certain farm to the king for the same or otherwise, shall hold -the same for the time that they ought to hold them and no longer: that -is to say such as have them by the king's charter granted them, for the -time limited by the said charters; and also they that have them without -charter, for the time that they ought to hold them of right. - -And that every lord at the beginning of his fair shall there do, cry -and publish how long the fair shall endure, to the intent that -merchants shall not be at the same fairs over the time so published, -upon pain to be grievously punished before the king. Nor the said lords -shall not hold them over the due time upon pain to seize the fairs into -the king's hands, there to remain until they have made a fine to the -king for the offence, after it be duly found that the lords held the -same fairs longer than they ought, or that the merchants have sitten -above the time so published. - - _Statute, 2 Edward III._, cap. 15. - - -1393. The ordinance underwritten was publicly proclaimed in full market -in Westchepe (Cheapside), and Cornhulle (Cornhill) in London, on -Thursday the 20th day of March in the 16th year. - -As from of old it has been the custom to hold in the city on every -feastday two markets, called _Evechepynges_, one in Westchepe and -the other on Cornhulle; that is to say the one in Westchepe between the -corner of the lane called St. Lawrence Lane and a house called the -Cage. So always that the said lane be not obstructed by the people of -the said market, who are not to stand near to the shops there for the -sale of divers wares that in such shops are wont to be sold. And that -too by daylight only, between the first bell rung and the second, for -the said markets ordained. And now on the 10th day of March ... William -Staundone, the mayor, and the aldermen of the said city, have been -given to understand that divers persons at night and by candlelight do -sell in the common hostels there and in other places, in secret, divers -wares that have been larcenously pilfered and some falsely wrought and -some that are old as being new; and that other persons do there -practise the sin of harlotry, under colour of the sale of their said -wares, to the very great damage and scandal of good and honest folks of -the said city. - -Therefore the said mayor and aldermen by wise counsel and with good -deliberation between them had, for the honour of the city and in order -to put the said markets under good control and governance, have -ordained that from henceforth on every such market night each of the -said two bells shall be rung by the beadle of the ward where it is -hung, one hour before sunset and then again half an hour after sunset. -At which second ringing all the people shall depart from the market -with their wares, on pain of forfeiture to the chamber of all such -wares as shall, after the second bell rung, be found in the same; as to -the which the beadle if he be acting, or officer by the chamber of the -Guildhall thereunto assigned, shall have twopence in every shilling for -his trouble in taking them. And that no one shall sell in common -hostels any wares that in the said market are wont to be sold, or -anywhere else within the said city or in the suburbs thereof, but only -in their own shops and in the places and at the days and hours -aforesaid, on pain of forfeiture to the use of the said chamber of all -the wares that shall otherwise be sold. - - Riley, _Memorials of London_, 532. - - -1320. Be it remembered that on the Monday next before the feast of St. -Katherine the Virgin in the 14th year, the pork and beef of John Perer, -John Esmar, and Reynald ate Watre, alleged to be foreign[10] butchers, -were seized because that they against the custom of the city (of -London), had exposed the said meat for sale at Les Stokkes (the Stocks -Market on the site of the Mansion House), after curfew rung at St. -Martin's-le-Grand: whereas it is enacted that no foreign butcher -standing with his meat at the stalls aforesaid shall cut any meat after -None rung at St. Paul's; and that as to all the meat which he has cut -before None rung he is to expose the same for sale up to the hour of -Vespers, and to sell it without keeping any back or carrying any away. - - Riley, _Memorials of London_, 142. - - [10] See previous footnote. - - - - -SUPERVISION OF SALES. - - -The quality of wares and the prices asked for them were supervised, and -fair dealing was enforced, by officers. Sometimes, as at Oxford, these -were specially appointed for the discharge of their duties. In London -they were the masters or wardens of the crafts, otherwise the -associations of members of one trade. When many of the crafts had -developed into the livery companies the officials of the latter -inherited the inspectorial functions of the wardens. - - -1393. Ordinance by the mayor and aldermen of London as to markets of -West Cheap and Cornhill. - -... That the masters or those assigned thereto of each trade of which -the wares are brought to the said markets shall have power, together -with the beadle of the ward or other officer thereto assigned, to -survey, assay and stop all false and defective wares, in the markets -aforesaid or elsewhere exposed for sale, and to present the same to the -chamberlain to be there adjudged upon as to whether they are -forfeitable or not; and further to arrest to the use of the said -chamber all other things and wares in hostels or other places exposed -for sale against the form.... Of the which forfeitures so by the said -masters, or others thereto assigned, taken and adjudged as forfeited, -the said masters or persons thereto assigned shall have one third part -for their trouble. - - Riley, _Memorials of London_, 532. - - -1556. _Of the clerks of the market of Oxford and of the fixing of -prices._ - -The clerks of the market should be chosen of such as have experience of -the prices which, for necessity or convenience, pertain to food and -clothing, and of such as have knowledge, power and will faithfully and -diligently to fill the office enjoined on them. Especially it behoves -them to see that no fraud is committed as regards the measures and -weights and quality of all foodstuffs and of all things which belong to -clothing, and to observe the statutes and ordinances issued in this -behoof; and since, for the most part, among these commodities, high -prices greatly flourish, the clerk should summon to his aid the -presidents of colleges and such others of the university as he knows to -be fit for the business, and should consult with them as to what course -can be taken to render the prices lower. - - Oxford Hist. Soc., _Collectanea_, II. 104. - - -1468. The assize[11] of a tallowchandler is that he selleth salt, -oatmeal, soap and other divers chaffer, that his weights and measures -be assized[12] and sealed and true beam. For when he buyeth a pound of -tallow for an halfpenny, he shall sell a pound of candle for a penny, -that is a farthing for the wick and the wax and another farthing for -the workmanship. And right as tallow higheth and loweth, so he for to -sell his candle. And if his stuff be not good, or any he lack of his -weight, or any he sell not after the price of tallow, he to be amerced, -the first time twelvepence, the second time twentypence, the third time -fortypence, and to forfeit all that is forfeitable; and he to be judged -according to the form of statutes. - - Printed in Strype's edition of Stow's _Cal. of Close_, Book V. 344. - - [11] Regulation. - - [12] According to regulation. - - -1327. John de Causton, citizen of London, has shown the king, by -petition before him and his council, that John Dergayn, the late king's -ulnager, in the eighth year of his reign, took five pieces of John's -striped cloth of Gaunt (Ghent) outside his shop in Boston Fair, -asserting that they were not of the assize, and that they were -therefore forfeited to the late king, and delivered to Ralph de Stokes, -then keeper of the king's wardrobe, and that it was afterward found, by -enquiry made by the said king's order before the treasurer and barons -of the Exchequer, that the cloth was of the assize and ought not thus -to be forfeited, and that the cloth was worth 22-1/2 marks; ... and he -has prayed the king to cause that sum to be allowed to him. - - _Cal. of Close_, 1327-30, 86. - - -1366. On the 14th day of October ... John Edmond of Esthamme (East -Ham), cornmonger, of the county of Essex, was brought before John -Lovekyn, mayor, and the aldermen at the Guildhall, for that he had -exposed for sale at Grascherche (Gracechurch) one quarter of oats in a -sack, and had put a bushel of good oats at the mouth of the sack, all -the rest therein being corn of worse quality and of no value, in deceit -of the common people. - -Being questioned as to which falsity, how he would acquit himself -thereof, the same John did not gainsay the same. Therefore it was -adjudged that he should have the punishment of the pillory, to stand -upon the same for one hour of the day. - - Riley, _Memorials of London_, 333. - - -1363. On the 9th day of the month of November ... William Cokke of Hees -(Hayes) was taken because that on the same day he, the same William, -carrying a sample of wheat in his hand, in the market within Newgate in -London followed one William, servant of Robert de la Launde, goldsmith, -who wanted to buy wheat, from sack to sack, and said that such wheat as -that he would not be able to buy at a lower price than 21 pence; -whereas on the same day and at that hour the same servant could have -bought such wheat for 21 pence. - -Upon which the same William Cokke being questioned, before the mayor, -recorder, and certain of the aldermen, he acknowledged that he had done -this to enhance the price of wheat, to the prejudice of all the people. -It was therefore awarded by the said mayor and aldermen that the said -William Cokke should have the punishment of the pillory. - - Riley, _Memorials of London_, 314. - - -1362-90. - - To Wye and to Wychestre I went to the faire, - With many menere marchandise as my Maistre me hight,[13] - Ne had the grace of guile ygo[14] amonge my ware, - It had be unsolde this sevene yeare, so me god helpe! - - _The Vision of Piers the Plowman_, Lines 205 _et seq._ - - [13] Told. - - [14] Gone. - - - - -FOREIGN MERCHANTS. - - -1233. Mandate to the bailiffs of Peter de Dreux, count of Brittany, in -the fair of St. Botolph, that every week, for so long as the fair -lasts, they shall cause thrice to be proclaimed throughout that fair -that no merchant bringing wine for sale to England, whether wine of -Gascony, of Anjou, of Oblenc (Le Blanc on the Creuse), of Auxerre, or -of other place, shall after this fair of St. Botolph bring to England -any dolium of wine which contains less than it was wont to hold in the -time of Henry, Richard and John, kings. - - _Cal. of Close_, 1231-4, 223. - - -1235. THE KING TO HIS BAILIFFS OF YARMOUTH GREETING. - -Know that we have granted by our charter for us and our heirs to our -beloved citizens of Cologne that they may go freely to the fairs -throughout our land, and buy and sell in the town of London and -elsewhere, save for the liberty of our city of London. - - _Cal. of Close_, 1234-7, 216. - - -1279. TO WILLIAM DE BRAYBOEF, KEEPER OF THE PRIORY OF WINCHESTER. - -Order to send to the king the 310 marks which Reyner de Luk and his -fellows, merchants of Lucca, lent to William at the last fair of St. -Giles at Winchester. - - _Cal. of Close_, 1272-9, 519. - - -1327. The bailiffs of Boston Fair ... have arrested wool and other -goods of Taldus Valoris and his fellows, merchants of the society of -the Bardi of Florence, in the said fair. - - _Cal. of Close_, 1327-30, 221. - - -1276. TO JOHN BEK AND PHILIP DE WYLBY. - -Order to restore upon this present occasion to the merchants of Douay -in Flanders their goods arrested by John and Philip; for the king -lately ordered John and Philip to arrest the wool and goods of -merchants of Flanders in Boston Fair and at Lynn and Lincoln, yet it -was not his intention that the goods of certain persons should be -arrested, but that all goods and wares of Flemings should be arrested -at one and the same time everywhere in the realm, by reason of the debt -which the countess of Flanders owes to him and the merchants of the -realm; and by reason of the neglect of the agreement between the king -and countess; and the king did not then recollect his grant to the -Flemish merchants that they might safely come into the realm and stay -until the feast of St. Peter ad Vincula last past. - - _Cal. of Close_, 1272-9, 308. - - -1293. TO THE STEWARD OF THE BISHOP OF WINCHESTER, LATE KEEPER OF -THE FAIR OF WINCHESTER. - -Order to cause to be delivered to Robert de Basing, citizen of London, -two bales of cloth, which Robert lately bought from the merchants of -St. Omer in the fair aforesaid, and which the steward caused to be -arrested under pretext of the king's order to arrest the goods and -wares of merchants of the power and lordship of the count d'Artois; as -Robert de Tybetot has become surety before the king for the said Robert -that he will answer to the king for the bales in the next parliament. - - _Cal. of Close_, 1288-96, 302. - - -1328. TO THE SHERIFF OF HUNTINGDON. - -Order not to arrest the goods of the men or merchants of Mechlin in -Brabant, and not to molest them by virtue of any order to arrest goods -of the men and merchants of the power of the duke of Brabant, in the -fair of St. Ives or in his bailiwick, as the king learns that Mechlin -belongs to the count of Hainault, Holland and Zeeland, and not to the -duke of Brabant. - -The like to the abbot of Ramsey's bailiff of the fair of St. Ives. - - _Cal. of Close_, 1313-18, 408. - - -1364. TO THE BAILIFFS OF GREAT YARMOUTH AND THE COLLECTORS OF -CUSTOMS THERE. - -Order to suffer fishermen from Flanders and elsewhere over sea, who -shall come within the realm for taking herring of the present season -and bringing them to Yarmouth Fair, to take with them to their own -parts or elsewhere, without let, at their will, all the money they -shall receive for the price of herrings brought thither and sold at the -said fair, after paying the customs due thereupon, ... although lately -the king caused proclamation to be made throughout the realm forbidding -any man, under pain of forfeiture, to take or cause to be taken out of -the realm gold or silver in money or otherwise: as, willing to shew -favour to the said fishermen, the king has given them license under his -protection to come within the realm, and take at sea what herring they -may, receive money in gold for what they shall sell, and take the same -with them whither they will, as they shall deem for their best -advantage. - - _Cal. of Close_, 1364-8, 30. - - - - -MISCELLANEOUS POINTS OF INTEREST. - - -_Special Organisation of Citizens of York in Boston Fair._ - - -1275. TO THE BAILIFFS OF BOSTON. - -Order to permit the citizens of York to have, until otherwise ordered, -their hanse[15] and gild merchant in Boston Fair, as they ought to have -them there and in times past have been wont to have them. - - _Cal. of Close_, 1272-9, 65. - - [15] Another word for gild. _Cf._ the German Hanseatic - League. - - - _Dress of London Women._ - - -1281. It is provided and commanded that no woman of the city (of -London) shall from henceforth go to market or in the king's highway, -out of her house, with a hood furred with other than lambskin or -rabbitskin, on pain of losing her hood to the use of the sheriffs; -save only those ladies who wear furred capes, the hoods of which may -have such linings as they may think proper. And this because that -regratresses, nurses and other servants, and women of loose life, -bedizen themselves and wear hoods furred with gros vair and minever, -in guise of good ladies. - - Riley, _Memorials of London_, 20. - - - _Unlawfulness of Bearing Arms at Fairs._ - - -1328. It is shewn to the king on behalf of John Wynter of Norwich and -Thomas Wynter of Norwich, merchants, that they lately went with their -goods and wares to the abbot's fair at Reading, to trade there with the -same and for no other purpose. And although they wore no armour save -two single aketons, to wit one each, and that only by reason of the -dangers of the road and not for the purpose of committing evil, the -bailiffs nevertheless took and imprisoned them with their goods, and -still detain them and their goods, by virtue of the ordinance of the -late parliament at Northampton that no one shall go armed in fairs or -markets or elsewhere, under pain of imprisonment and loss of their -arms, wherefore they have prayed the king to provide a remedy. The king -therefore orders the bailiffs to release the said John and Thomas and -goods, upon their finding surety to have them before the king in three -weeks from Michaelmas. - - _Cal. of Close_, 1327-30, 314. - - - _Misadventure of some Shrewsbury Merchants travelling to a Fair._ - - -1332. TO RICHARD EARL OF ARUNDEL. - -Whereas the king lately took into his protection the burgesses of -Shrewsbury so that they might be free to intend their affairs and to -exercise their merchandise more safely, forbidding any to do them harm; -and they have shewn to the king that whereas John de Weston, Richard -Biget, William son of Roger de Wythiford, and John son of Yarvord le -Walssh, their fellow burgesses, lately wished to go to the town of La -Pole (Welshpool) in Wales to a fair there, to ply their merchandise, -Yevan ap Griffith, the earl's yeoman, with other armed Welshmen of the -earl, took without cause the said John, Richard, William and John, at -Cause in the Welsh marches, without the earl's lordship, as they were -going to La Pole, and took them with their horses and other goods and -chattels, to the value of £200, and brought them to the earl's castle -of Osewaldestre (Oswestry), where they imprisoned them and where they -are still detained. And although the burgesses have repeatedly -requested the earl to deliver the aforesaid men and to restore their -said goods and chattels, the earl has neglected to do anything in the -matter; wherefore the burgesses have besought the king to provide a -remedy. The king therefore orders the earl to deliver from prison the -said John, Richard, William and John without delay and to restore to -them their horses, goods and chattels, or, if there be any reasonable -cause why he should not do this, to be before the king and his council -at the octaves of Holy Trinity to inform the king. - - _Cal. of Close_, 1330-3, 572. - - - - -DEGENERATION OF FAIRS. - - -In the seventeenth century and afterwards, certain fairs, notably those -in and near London, had come to be little more than places of -amusement, more or less disreputable. - - - _Bartholomew Fair_ (in 1641). - -Bartholomew Fair begins on the twenty-fourth day of _August_, and is -then of so vast an extent that it is contained in no less than four -several parishes, namely Christ Church, Great and Little Saint -Bartholomews, and Saint Sepulchres. Hither resort people of all sorts, -High and Low, Rich and Poor, from cities, towns and countries; and of -all sects, Papists, Atheists, Anabaptists, and Brownists, and of all -conditions, good and bad, virtuous and vicious, Knaves and fools, -Rogues and Rascals. - -And now that we may the better take an exact survey of the whole Fair, -first let us enter into Christ Church cloisters, which are now hung so -full of pictures that you would take that place, or rather mistake it, -for Saint _Peters_ in _Rome_; only this is the difference, those there -are set up for worship, these here for sale.... - -Let us now make a progress through Smithfield which is the heart of the -Fair, where in my heart I think there are more motions in a day to be -seen than are in a term in Westminster to be heard. But whilst you take -notice of the several motions there, take this caution along with you, -let one eye watch narrowly that no one's hand makes a motion in your -pocket, which is the next way to move you to impatience. - -The Fair is full of gold and silver-drawers. Just as Lent is to the -Fishmonger so is Bartholomew Fair to the Pickpocket; it is his high -harvest which is never bad but when his cart goes up Holborn.[16] ... -Some of your cutpurses are in fee with cheating costermongers, who have -a trick now and then to throw down a basket of refuse pears, which -prove cloak-pears to those that shall lose their hats and cloaks in -striving who shall gather fastest. They have many dainty baits to draw -a bit, and if you be not vigilant you shall hardly escape their nets. -Fine fowlers they are, for every finger of theirs is a lime twig with -which they catch dotterels.[17] They are excellently well read in -Physiognomy; for they will know how strong you are in the purse by -looking in your face, and for more certainty thereof they will follow -you close, and never leave you till you draw your purse, or they for -you, which they'll be sure to have if you look not to it though they -kiss Newgate for it. - - [16] _I.e._, from Newgate prison to Tyburn gallows. - - [17] Literally a bird said to mimic gestures, idiomatically a - foolish person. - -It is remarkable and worthy your observation to behold and hear the -strange sights and confused noise in the Fair. Here a Knave in a fool's -coat with a trumpet sounding, or on a drum beating, invites you and -would fain persuade you to see his puppets. There a Rogue like a wild -woodman, or in an Antic-shape like an Incubus, desires your company to -view his motion; on the other side Hocus Pocus with three yards of tape -or ribbon in's hand, shewing his art of Legerdemain to the admiration -and astonishment of a company of cockloaches.[18] Amongst these you -shall see a gray goose-cap, as wise as the rest, with a "what do ye -lack" in his mouth, stand in his booth shaking a rattle or scraping on -a fiddle, with which children are so taken that they presently cry out -for these fopperies. And all these together make such a distracted -noise that you would think Babel were not comparable to it. Here there -are also your gamesters in action: some turning of a whimsey, others -throwing for Pewter, who can quickly dissolve a round shilling into a -three halfpenny saucer. Long lane at this time looks very fair and -puts out her best clothes with the wrong side outward, so turned for -their better turning off. And Cloth Fair is now in great request; well -fare the ale-houses there. Yet better may a man fare, but at a dearer -rate, in the pig-market, alias Pasty-nook or Pie-corner, where pigs are -all hours of the day on the stalls piping hot, and would cry, if they -could speak, "come eat me." ... Unconscionable exactions, and excessive -inflammations of reckonings, made that corner of the Fair too hot for -my company; therefore I resolved by myself to steer my course another -way, and having once got out, not to come again in haste. - - [18] Simple fellows. - - Now farewell to the Fair, you who are wise, - Preserve your purses while you please your eyes. - - Reprinted in Hindley, _The Old Book Collector's Miscellany_, Vol. - III. - - -1702-14. - - By Her Majesties Permission. - -_This is to give Notice to all Gentlemen, Ladies and Others, that -coming into_ May-Fair,[19] _the first_ Booth _on the Left Hand, over -against_ Mr. Pinckeman's Booth; _During the usual time of the_ Fair, -_is to be seen a great Collection of strange and wonderful Rareties, -all A-live from several parts of the World._ - - [19] The London district of Mayfair includes the site of this - fair, and was named after it. - - _Vivat Regina._ - - - _Advertisement in a collection at the British Museum._ - - -1734. - -_At the Great_ THEATRICAL BOOTH ON the Bowling-Green behind the -Marshalsea, down Mermaid-Court next the Queens Arms Tavern, during the -Time of Southwark Fair (which began the 8th instant and ends the 21st), -will be presented that diverting droll, call'd - - _The True and Ancient History of_ - - MAUDLIN, _the Merchants Daughter of_ BRISTOL, - - AND - - _Her constant Lover_ ANTONIO, - -who she followed into Italy, disguising herself in Man's Habit; shewing -the Hardships she underwent by being Shipwrecked on the Coast of -Algier, where she met her Lover, who was doom'd to be burnt at a Stake -by the King of that Country, who fell in Love with her and proffered -her his Crown, which she dispised, and chose rather to share the fate -of her Antonio than renounce the Christian Religion to embrace that of -their Imposter Prophet Mahomet. - - With the comical Humours of - - ROGER, ANTONIO'S MAN. - -And Variety of Singing and Dancing between the Acts, by Mr. Sandham -Mrs. Woodward and Miss Sandham. - -Particularly, A new Dialogue to be sung by Mr. Excell and Mrs. -Fitzgerald. Written by the Author of _Bacchus one Day gaily striding_, -etc., and a Hornpipe by Mr. Taylor. To which will be added a new -Entertainment (never performed before) called - - The INTRIGUING HARLEQUIN, - - Or - - Any Wife better than none. - -With Scenes, Machines, and other Decorations proper to the -Entertainment. - - _Advertisement in a collection at the British Museum._ - - - GREENWICH FAIR (in 1835-6). - -... Imagine yourself in an extremely dense crowd which swings you to -and fro and in and out, and every way but the right one; add to this -the screams of women, the shouts of boys, the clanging of gongs, the -firing of pistols, the ringing of bells, the bellowing of -speaking-trumpets, the squeaking of penny dittoes, the noise of a dozen -bands with three drums in each, all playing different tunes at the same -time, the hallooing of showmen, and an occasional roar from the wild -beast shows; and you are in the very centre and heart of the fair. - -This immense booth, with the large stage in front, so brightly -illuminated with variegated lamps and pots of burning fat, is -"Richardson's," where you have a melodrama (with three murders and a -ghost), a pantomime, a comic song, an overture, and some incidental -music, all done in five-and-twenty minutes. The company are now -promenading outside in all the dignity of wigs, spangles, red ochre, -and whitening.... The exhibitions next in popularity to these itinerant -theatres are the travelling menageries, or, to speak more intelligibly, -the "Wild beast shows," where a military band in beef-eater's costume, -with leopardskin caps, play incessantly, and where large highly -coloured representations of tigers tearing men's heads open, and a lion -being burnt with red hot irons to induce him to drop his victim, are -hung up outside, by way of attracting visitors. - -... The grandest and most numerously frequented booth in the whole -fair however is "The Crown and Anchor," a temporary ballroom--we -forget how many feet long--the price of admission to which is one -shilling.... The dancing itself beggars description--every figure -lasts about an hour, and the ladies bounce up and down the middle -with a degree of spirit which is quite indescribable. As to the -gentlemen they stamp their feet upon the ground every time "hands -four round" begins, go down the middle and up again with cigars in -their mouths and silk handkerchiefs in their hands, and whirl their -partners round, nothing loth, scrambling and falling and knocking -up against the other couples, until they are fairly tired out and -can move no longer. - - Dickens, _Sketches by Boz_. - - -UNWIN BROTHERS, LIMITED, THE GRESHAM PRESS, WOKING AND LONDON. - - - - - - -End of the Project Gutenberg EBook of Extracts Relating to Mediaeval Markets -and Fairs in England, by Helen Douglas-Irvine - -*** END OF THIS PROJECT GUTENBERG EBOOK EXTRACTS--MEDIAEVAL MARKETS, FAIRS *** - -***** This file should be named 43667-8.txt or 43667-8.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/4/3/6/6/43667/ - -Produced by Chris Curnow and the Online Distributed -Proofreading Team at http://www.pgdp.net (This file was -produced from images generously made available by The -Internet Archive) - - -Updated editions will replace the previous one--the old editions -will be renamed. - -Creating the works from public domain print editions means that no -one owns a United States copyright in these works, so the Foundation -(and you!) can copy and distribute it in the United States without -permission and without paying copyright royalties. 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