COURTS OF PIEPOWDER.
These have been already referred to, and will arise in various other
parts of this work, as being closely associated with fairs.
These Courts, designated in the Latin tongue _curia pedis pulverizati_,
in the Old French _pied puldreaux_, alike in each case, it is supposed,
in reference to, or as typical of the dusty feet of the suitors. Some
indeed say because “justice is there done as speedily as dust can fall
from the feet.” But without reference to such fanciful derivations they
may be spoken of as a rough-and-ready mode of administering justice at
fairs, markets, &c. There is no record or ordinance by which any such
Court was called into existence in this country. They came to us with
fairs; they passed away with the decay of the commercial usages of fairs.
Those curious in matters of archæology may consult a paper hereon by Dr.
Pettingall, which appears in “Archæologia,” i. pp. 190-203.
Barrington, in his “Observations on the Statutes,” observes that “In
the Burrow Laws of Scotland, an alien merchant is called Piedpuldreaux,
and likewise ane Farand-man, or a man who frequents fairs. The Court of
Piepowder is, therefore, to determine disputes between those who resort
to fairs and these kind of Pedlars who generally attend them. _Pied
puldreaux_ in Old French signifies a Pedlar, who gets his livelihood by
vending his goods where he can, without any certain or fixed residence.”
In the “Regiam Majestatem,” 1609, there is the following: “Gif ane
stranger merchand travelland throw the Realme, havand na land, nor
residence, nor dwelling within the schirefdome, bot vaigand fra ane place
to ane other, quha therefore is called Pied Puldreaux, or dustifute.”
Hence then the Court of Pie Powder signifies in simple language a _Court
of Pedlars_.
Such Courts were held in the markets of the Romans, as they were in the
markets of the Normans, and probably all through the old Roman Europe.
But they had yet an earlier origin. Demosthenes makes it plain that all
causes relating to the festival of Bacchus were heard on the spot. Fairs
were associated with the Olympic games; and it seems clear descended from
the festivities of the Greek Church.
The necessity in all fairs of a tribunal which could promptly deal with
the differences arising amongst a fleeting population were the same,
quite irrespective of where the fair might chance to be held. Again the
merchants attending the principal fairs of different countries were in a
large degree the same. They travelled from country to country. What they
found beneficial in one part of the globe was equally so in another, and
hence became adopted as of course. The tribunals of commerce which once
existed in England, and which still exist in various parts of Continental
Europe, are analagous to the Courts of Piepowder held at fairs.
In an account of a fair held in the northern region of Lapland as far
back as two centuries ago (1681), a Court of Piepowder is recorded as one
of its features.
The peculiar constitution of the Court has to be kept firmly in view. It
had jurisdiction only in commercial questions. It tried them before a
jury of traders formed on the spot. It could entertain a case of slander,
if of merchandise or wares exhibited, but not of the merchant or trader
who vended the same. It could sit only during fair time; could take
cognizance only of things happening during fair time, and within the
fair. It could try a thief who had committed robbery in the fair only
when he had been captured within its bounds. It might hold pleas for
amounts, in later times, above forty shillings; and its judgments could
be deferred and enforced at the next fair. So firmly indeed had custom
defined the powers of these Courts, that it has been well said, even
the King himself if he were sitting as judge in such a Court, could not
extend them.
_Specific Legislation._—1478. There having been many abuses committed
in the Courts _Piepowder_ held at the fairs in England, chiefly by the
avarice and injustice of their stewards, bailiffs, and others, whose
province it was to hold the courts and administer impartial justice in
all cases arising during the continuance, and within the jurisdiction,
of the fairs: but who took cognizance of contracts and trespasses
unconnected with the fairs, and frequently having no foundation in truth.
These abuses began to have the effect of preventing merchants from
attending the fairs: whereby the people of the country were deprived of
the convenience of purchasing goods; and the lords of the fairs lost
their customary profits. The entire subject came before parliament, and a
measure intended for relief resulted, which I shall now review in detail:
17 Edw. IV. c. 2.—_Item_, Whereas divers Fairs be holden & kept in this
Realm, some by Prescription allowed before Justices in Eyre, & some by
grant of our Lord the King that now is, & some by the grant of his noble
Progenitors & Predecessors, & 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 wʰ Court it hath been all times accustomed, that every
person coming to the sᵈ Fairs shᵈ have lawful remedy of all manner of
Contracts, Trespasses, Covenants, Debts, & other Deeds under or done
within any of the same Fairs, during the time of the same Fairs, & within
the jurisdiction of the same, & to be tried by merchants being of the
same Fair; wʰ Courts at this day be misused by Stewards....
And sometimes, by the device of evil disposed people several suits be
feigned to trouble them to whom they bear evil will, to the intent that
they for Lucre may have favorable Inquests of those that come to the sᵈ
Fairs, where they take their actions ... whereby the Lords of the same
Fairs do lose great profit by the not coming of divers merchants to the
fairs ... & also the Commons be unserved of such stuff & merchandise as
wᵈ otherwise come to the said Fairs.
For remedy whereof it was Ordained & Established that from the first day
of May then next ensuing no Steward, Under-steward, Bailiff, Commissary,
nor other minister of any such Courts of Pypowders should hold plea upon
any action at the Suit of any person or persons, unless the Plaintiff or
plaintiffs, or his or their attorney, in the presence of the defendant
or defendants do swear upon the holy Evangelists, upon the Declaration,
that the Contract or other Deed contained in the sᵈ Declaration was made
or committed within the Fair & within the Time of the sᵈ Fair where he
taketh his action, & within the bounds & jurisdiction of the same Fair.
The Defendant might plead that the cause did not arise out of the Fair.
If the plaintiff refused to swear the defendant shᵈ be quit. The penalty
on a Steward for holding a Court contrary to this act 100½ shillings.
This act to be Proclaimed, & was to continue until the first day of the
next Parliament “Provided always, That this act nor anything comprised in
the same act be hurtful & prejudicial to William now Bishop of Durham,
nor to his successors within the Liberty & Franchise of the Bishoprick
of Durham.” This act was amended in slight details by 1 Rich. III. c. 6
(1483). See Chap. V.
_Appeal._—1779. By the 19 George III. c. 70 right of appeal was given
against the judgments of any of the inferior courts—and hence against
those of the Courts of Piepowder—by means of a writ of error to the
superior courts at Westminster; and such courts were to have the right of
issuing writs of execution in aid of their processes after judgment not
appealed against. This largely extended the efficacy of this particular
court, as goods of the defendant—not in the fair, and therefore beyond
the ancient jurisdiction of this court—could now be levied upon.
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