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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