138
One Justice. |
Markets and Fairs.
for buying Barley to convert to Malt. And if any person shall
refuse, disobey,
or not perform such suppressin, discharge, or restraint, on any
Order which the said Justices in their Sessions shall set down touching
the
same; then, and so often such person being thereof duly convicted before
the Justices at their Quarter Sessions, or before any two Justicfes of
Peace
out of their Sessions (by his own confession, or by two Witnesses) shall
be by the said Justices committed to the Common Gaol, there to remain
without Bail for three days, and after that until he shall become bound
by Recognizance in Forty pounds to the Kings use, before some one Justice
of Peace, to perform and obey such order, suppressing, discharge, or restraint.
So that any two Justices of Peace may convict such offenders (upon
their confessions, or by two Witnesses) and then may commit them, as
aforesaid; and after any one Justicef of Peace may take such Recognizance,
as aforesaid.
|
Chap. 62.
Lam. 336. |
§. 1.
Name. |
CHAP. LXII.
Markets and Fairs.
FAir seemeth to be derived from the Latin, Feriæ,
Nundinæ enim semper
instar Festi funt, saith Skinners-Lexicon. |
|
|
Market seems to be derived from the Latin, Merces
or Mercari, saith
Skinners Lexicon. |
|
§. 2.
Priviledge. |
Fairs were anciently places of great resort and
priviledge; for by Civil
Law. Nundinæ habent publicam securitatem, ur nemo privati
debiti causa
ibidem possit interpellari, non delicti; which must be understood of
Debts
and Offences preceeding the Fair; for as to Contrcts there made the Law
hath provided a Court of Pipowders, which is incident to a Fair;
and
is a Court of Record for the speedy determining of Differences there arising
upon Contracts. |
|
§. 3.
Time of
continuance. |
Fairs are accounted things of Franchise and Priviledge,
as well as of
Profit; and whether they be held and claimed by Charter of the King,
or by Prescription, which supposes a former Charter, they ought to be
holden for no longer time, than such Grant or usewill warrant: And
after
such time, what is done there, is not warranted or justifiable, nor amounts
to more than a private transaction, and the Sheriff ought to make
Proclamation, That those that have Fairs keep them no longer than they
ought to do; and every Lord of a Fair, shall at the beginning thereof,
make Proclamation how long the same is to continue, upon pain to be greviously
amerced to the King: And if they hold them longer than the ought,
they
shall be seised into the Kings hands, until they make Fine for the offence;
and if a Merchant sell Ware after the time the Fair ought to end, he shall
forfeit to the King double the value of what is sold, and the prosecutor
shall have the fourth part. |
2 E. 3. 15.
5 E. 3. 5. |
§. 4.
Festival. |
Fairs and Markets on the principal Feasts, viz.
Ascension-day, Corpus
Christi day, Whitsunday, Trinity Sunday, and all other Sundays.
The
Assumption of our Lady, All-Saints, and Good-Friday,
shall cease from
all shewing of Goods and Merchandises, necessary Victuals only excepted,
upon pain of Forfeiture of their Goods shewed the four Sundays in Harvest
excepted, and the Fairs or Markets which are granted to be holden on
those Festivals, may be holden within three days, before or after. |
27 H. 6. 5. |
§. 5.
Place. |
No Fairs or Markets shall be kept in Church-yards,
for the honour fo the
Church. |
13 E. 1. c. 5.
Winch. |
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