CHAPTER III.

EARLY REGULATIONS AFFECTING FAIRS—ENGLAND.

It has been attributed to Alfred the Great that amongst the many wise

and beneficial measures he took for the advancement of this kingdom, was

the establishment of fairs and markets. I have already shown that this

is not quite so; but certain it is that the first general measures for

the regulation of commerce in England, are dated back to his reign. Hence

it was then provided that alien merchants should come only to the “four

fairs,” and should not remain in England more than forty days. This was

in the latter half of the ninth century. But I have already shown that

fairs were held in other parts of Europe, and in Asia, centuries earlier

than this date. The point of importance in the regulation of Alfred is

that foreign merchants were permitted by royal authority to attend these

English fairs.

King Ethelred II. (end of tenth and commencement of eleventh centuries)

proclaimed that the _ships of merchants, or of enemies from the high

seas, coming with goods into any port should be at peace_. The principle

here enunciated, of commerce being deemed an act of peace, is believed to

be of high antiquity in Great Britain; but whether it originated here is

by no means clear, nor is it material to determine. At later periods the

practice has not been continuously upheld.

Henry I. granted to the citizens of London (_inter alia_) that they

should be free throughout England and the sea ports from _toll_, passage

through towns, ports, gates, and bridges; _and lestage, or a toll paid

for freedom to sell at Fairs_.

_Magna Charta_ (1215).—The demand of the Barons presented to King John

embodied the following: “That merchants shall have safety to go and come,

buy and sell, without any evil tolls, but by antient and honest customs.”

In the completed _Charter_ the actual grant took the following shape:

All merchants shall have safety and security in coming into England

and going out of England, and in staying and in travelling through

England, as well by land as by water, to buy and sell without any unjust

exactions, according to ancient and right customs, excepting in time of

war, and if they be of a country at war against us: and if such are found

in our land at the beginning of a war, they shall be apprehended without

injury of their bodies and goods until it be known to us, or to our Chief

Justiciary, how the merchants of our country are treated who are found in

the country at war against us; if ours be in safety there, the others

shall be in safety in our land.

The doctrine of international reciprocity is here very clearly stated.

Macpherson (“Annals of Commerce”) is of opinion, after an examination of

the trading of the chief commercial ports of Great Britain, that by the

middle of the twelfth century (A.D. 1156) “the foreign trade was almost

entirely conducted by foreign merchants;” indeed he declared it to be

“evidently” so. I expect to be able to show that the great centres of

trade at this period were the fairs held in various parts of the kingdom.

The case of _Sturbridge Fair_ (Cambridge) is a remarkable instance.

1216.—The first Great Charter of Henry III. confirmed the provisions of

_Magna Charta_ as to merchants, except in the case of those _who had been

before publicly prohibited_. The privileges thus accorded to foreign

merchants were seven. (1) To come into England (2) To depart thereout (3)

To remain (4) To travel by land or water (5) To buy and sell (6) To be

free of evil tolls[3] (7) To enjoy the ancient customs. This last was

of material consequence, and implied privileges not common to ordinary

persons. The promise of freedom from “evil tolls” hardly less so, as will

hereafter appear.

These early privileges accorded to foreign merchants who visited our

shores seem so natural to us, in these free-trade times, that we have

a difficulty in realizing at the first glance the full measure of

their significance. It may aid us in doing so if I review the general

regulations regarding foreigners which prevailed (reciprocally) in

most of the countries of Europe prior to this period (thirteenth

century) and in many cases long thereafter. Every foreigner was

answerable to the debts, and even crimes of all other foreigners of his

own nationality[4]—and the question of nationality was very freely

interpreted in some such cases. And in the case of the death of a foreign

merchant his property in possession was either forfeited to the King or

fell a prey to the rapacity of the lord of the soil in whose territory

the death occurred.[5] Further, by an early custom of London, merchants

giving reference for strangers, who purchased goods on the credit of such

references, were held liable to pay for the goods so obtained. Thus under

the custom of merchants, two persons of the same nationality being found

in arrear, the whole debt might be charged to one of them—as the creditor

might select!

These restrictions removed, or greatly modified, it is no wonder that

fairs greatly increased in numbers and importance.

1235. This same monarch Henry III. gave special permission to the

merchants of _Cologne_ to attend fairs in all parts of England. This was

probably in consequence of some claim from the branch of the Hanseatic

League established in London, to trade in its corporate capacity

exclusively for the cities which belonged to the confederacy. There was

another association of German merchants settled in London at this date.

1275. The First statute of Westminster (c. 23) was intended to remedy the

state of primitive justice already spoken of, and which to a large degree

arose out of local jurisdictions. Under it no foreign person—that is to

say, one who was not free of the town he visited—which is of this realm

(_i.e._ of England) was to be distrained for any debts but his own in any

city, burgh, town, market or fair.

1283. The statute _de Mercatoribus_ (11 Edw. I.) was intended to assist

merchants in the recovery of their debts, and thus to encourage them to

trade in England. When they supplied goods and the debt was acknowledged

before royal officers in specified towns, they could be empowered under

the King’s seal to distrain for debt in default of payment. At Acton

Burnel this new scheme was determined on, for trial in London, York, and

Bristol; and after two years it was decreed (_Statutum Mercatorum_, 1285,

13 Edw. I.) that it should be brought into much more extensive operation

by giving similar facilities in many other places, especially in _fairs_,

and a much greater number of royal officers were empowered to act in the

matter. These privileges were not limited to men from particular towns or

countries: all foreign merchants could avail themselves thereof, except

when this kingdom was at war with their native land. The clause relating

to the “Seal of the Fair” was as follows:—

“And a Seal shall be provided that shall serve for Fairs, and the same

shall be sent unto every Fair under the King’s Seal, by a Clerk sworn,

or by the Keeper of the Fair, and the Seal shall be opened before them,

and the one piece shall be delivered unto the aforesaid merchants, and

the other shall remain with the Clerk; and before them, or one of the

merchants, if both cannot attend, the Recognizances shall be taken as

before is said.”

In the case of London two merchants of the Commonalty should be chosen

that should swear compliance with this law.

And by a charter of the following year granted to foreign merchants then

resident in England, it was ordained, “that one weight shall be kept in

every fair and town; that the weigher shall show the buyer and seller

that the beam and scales are fair, and that there shall be _only one

weight and measure_ in our dominions, and that they be stamped with our

standard mark.” All students of history, know how well this ordinance has

been observed!

By the Statute of Wynton [Winchester] attributed to the reign of Edw.

I., but probably of earlier date it is enacted (c. 6) “And the King

commandeth and forbiddeth that from henceforth neither Fairs nor markets

be kept in the _Church-yards_ for the Honour of the Church.”[6]

1321. About this date—reign of Edw. II.—there is supposed to have been

enacted “Articles of the Office of Escheatry.” Amongst the duties of

this officer of the crown, he was to hold inquest (_inter alia_) of

markets, fairs, tolls, passage-monies, and customs, unjustly levied

without license of the King; also where, when, and from what time, and

how much they are worth by the year. Under the power so granted various

inquisitions regarding fairs, and the tolls charged, and the privileges

asserted, were conducted.

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Fairs, past and present · 第 3 / 24 章