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.