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XLI. Of the Courts of Pypowder; by John Pettingall, D.D.
Published online by Cambridge University Press: 24 July 2012
Extract
By the statute 17 Edward IV, 1477, lt was provided, “ That “ whereas 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 “ grants of his predecessors; and 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 which court it hath been at all “ times accustomed that every person coming to the said fairs “ should have lawful remedy of all manner of contracts, trespasses, covenants, debts and other deeds, made or done within “ any of the same fairs, during the time of the same fair, and “ within the jurisdiction of the same, and to be tried by merchants “ being of the same fair; which courts at this day be misused By “ the stewards, under-stewards, bailiffs, commissioners and other ministers, holding and governing the said courts of the said “ fairs, for their private profit, holding pleas by plaints, as well “ of contracts, debts, trespasses, and other feats, done and com- “ mitted out of the time of the said fair, or jurisdiction of the “ same, whereof, in truth, they have no jurisdiction surmising the “ same debts, trespasses, &c. to be done within the time of the “ said fair, and within the jurisdiction of the same: where, of “ truth, they were not so; and some time by the device of evil- “ disposed people, several suits be feigned, and trouble them to “ whom they bear evil will, to the intent that they for lucre “ may have favourable inquests of those that came to the said fairs “ where they take their actions: And whereas divers persons “ coming to the said fairs be grievously vexed and troubled by “ feigned actions, and also by actions of debt, trespass, deeds, and “ contracts, made and committed out of the time of the said fair, “ or the jurisdiction of the same, contrary to equity and good “ conference; whereby the Lords of the fairs do lose great profit “ by the not coming of divers merchants to fairs, which by this “ occasion do abstain, and also the commons be unserved of such “ stuff and merchandise, which otherwise would come to the “ said fairs,” &c.—Then comes the enacting clause, that the plaintiff shall swear, that the cause in declaration happened in the time of the fair, &c.
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- Copyright © The Society of Antiquaries of London 1779
References
page 193 note [a] Festus voc. Nundinae. Dionys. Halicarn. lib. ii. Madrob. Saturnal I.c. 16.
page 196 note [b] Rex Vicecomiti, &c. falut. Quaedam Statuta, Ordinatianes, per nos, Praelatos, Duces, Comites, Barones, et Communes regni nostri, &c.—pro communi utilitate dicti regni facta tibi mittimus, quod in comitatu tuo, et aliis locis, ubi melius expedire videris, publice proclamari facias. 31 Ed. III.
page 196 note [c] Pausan. Eliac.
page 199 note [d] See the law in Demosthen. contra Mid. for hearing all cases relating to the festival of Bacchus, at the time, and on the spot.
page 200 note [e] See the law of William the Conqueror, above.
page 203 note [f] . Problemata Graeca Plutarchi ad init.