XLI. Of the Courts of Pypowder; by John Pettingall, D.D.

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.