Part 1

Transcriber's Note: Minor typographical errors have been corrected without note. Irregularities and inconsistencies in the text have been retained as printed. Words printed in italics are noted with underscores: _italics_.

SOURCE BOOKS OF ENGLISH HISTORY FOR USE IN SCHOOLS

EDITED BY K. H. VICKERS, M.A.

EXTRACTS RELATING TO MEDIAEVAL MARKETS AND FAIRS IN ENGLAND

EXTRACTS RELATING TO MEDIAEVAL MARKETS AND FAIRS IN ENGLAND

BY

HELEN DOUGLAS-IRVINE

M.A. ST. ANDREWS

AUTHOR OF "THE ROYAL PALACES OF SCOTLAND," "THE HISTORY OF LONDON"

LONDON MACDONALD & EVANS 4, ADAM STREET, ADELPHI, W.C. 1912

CONTENTS

PAGE

INTRODUCTION 9

ANGLO-SAXON MARKETS 11

EFFECT OF THE CONQUEST 14

NEW CREATIONS 16

MARKET-PLACES 19

SMITHFIELD MARKET UNDER HENRY II. 24

SPECIAL PRIVILEGES 25

PIED POUDRE COURTS 26

PROFITS 30

PRE-EMPTION AND PRISAGE 36

MARKET HOUSES 39

ENFORCEMENT OF REGULARITY 40

SUPERVISION OF SALES 44

FOREIGN MERCHANTS 48

MISCELLANEOUS POINTS OF INTEREST 51

DEGENERATION OF FAIRS 54

EDITOR'S GENERAL PREFACE.

This series of source-books aims at providing illustrations of various aspects of English history at a price that will enable the teacher to place them in the hands of the pupils themselves. All teachers of history are agreed as to the value of using the "original documents" in their work as a means of making their pupils realise that they are studying human life in past ages, but hitherto the consideration of price has confined the use of them almost entirely to the teachers themselves. In the series here prepared for the use of scholars and teachers alike the volumes are each devoted to one aspect of history, so that the teacher can select that one which will illustrate the particular line taken. Thus, one will be on "Markets and Fairs," for use when the teaching has an economic basis, another will deal with political events, and another with the social side of history. Great care has been taken to secure extracts from contemporary and reliable authorities.

K. H. V.

INTRODUCTION

Fairs and markets are not different institutions--a fair is a market of a particular kind, an important market held not once or several times a week, but once or several times a year. The customs, the rights, and the law of markets are therefore relevant to fairs; and generalisations as to markets apply to fairs.

There is no direct evidence as to the origin of markets and fairs in England. Early Oriental and classical literature indicate that they have served all peoples whose development has reached a certain stage. As communities cease to be entirely self-supporting trade arises naturally; and trade is obviously facilitated by a concentration in particular places at particular times of sellers and buyers. Certain of these gatherings had in the ninth century already been regularised in England as markets. The king or other lord had become responsible for the validity of sales in them, and suffered them to take place within the territory over which he had power. In return he received from the market people tolls, fines for transgressions, and other dues, which were a considerable source of profit, sufficient to make the tenancy of a market an object of desire. It was frequently acquired by a religious house.

It is noteworthy that the king was regarded as the original holder of all market right in England. The lord who had a market on his manor, whether in virtue of a royal charter or by force of a custom of which the beginning had been forgotten, was considered to exercise a right which initially had been derived from the king. In historic times the establishment of new markets has been, until recently, only possible by means of a royal grant.

ANGLO-SAXON MARKETS.

873-99. _Grant to the church of St. Peter, Worcester, of half the rights of Worcester Market._

To Almighty God, true Unity and holy Trinity in heaven, be praise and glory and rendering of thanks, for all his benefits bestowed upon us. Firstly for whose love and for St. Peter's and the church at Worcester, and at the request of Werfrith the bishop, their friend, Aethelraed the ealdorman, and Aethelflaed commanded the burh at Worcester to be built, and eke God's praise to be there upraised. And now they make known by this charter that of all the rights which appertain to their lordship, both in market and in street, within the byrg and without, they grant half to God and St. Peter and the lord of the church; that those who are in the place may be the better provided, that they may thereby in some sort easier aid the brotherhood, and that this remembrance may be the firmer kept in mind, in the place, as long as God's service is done within the minster. And Werfrith, the bishop, and his flock have appointed this service before the daily one, both during their lives and after, to sing at matins, vespers, and undernsong the psalm _De Profundis_, during their lives, and after their death _Laudate Dominum_; and a mass for them whether alive or dead. Aethelraed and Aethelflaed proclaim that they have thus granted with goodwill to God and St. Peter, under witness of Aelfred the king and all the witan in Mercia; ... as for ... wohcéapung,[1] and all the customs from which any fine may arise, let the lord of the church have half of it, for God's sake and St. Peter's, as it was arranged about the markets and the streets; and without the market-place let the bishop enjoy his rights, as of old our predecessors decreed and privileged. Aethelread and Aethelflaed did this by witness of Aelfred the king, and by witness of those witan of the Mercians whose names stand written hereafter, and in the name of God Almighty they abjure all their successors never to diminish these alms which they have granted to the church for God's love and St. Peter's.

Kemble, _Codex Diplomaticus_, No. 1075. _Saxons in England_, I. 328.

[1] Fine for buying or selling contrary to the rules of the market.

904. _Grant by Edward of Wessex, son of King Alfred, to the church of Winchester of Taunton Market._

I Edward, who by divine and indulgent clemency am king of the Anglo-Saxons, ... consent of my magnates whose names are written below, ... grant for ever the market of the town of Taunton, which in English is called _thaes tunes cyping_, ... to the holy church of God in the city of Winchester, ... without limitation or impediment and with all easements.[2]

Kemble, _Codex Diplomaticus_, No. 1084.

[2] Services or conveniences, yielding no direct profit, which a holder of property rights had in respect of his neighbours, _e.g._, right of way, lights.

968. _Confirmation of Edward's grant by Edgar._

Here is made known in this writing how King Edgar renewed the liberty of Taunton, for the Holy Trinity and St. Peter and St. Paul, to the episcopal see of Winchester, as King Edward had before freed it, ...; and let the town's market and the produce of the town-dues go to the holy place, as they did before, in the days of my forefathers, and were levied for Bishop Aelfeah and every one of those who enjoyed the land. Whoever will increase this liberty, may God increase his prosperity in a long life here and in eternity. But if any, through audacity and the instigation of the devil and his limbs, will violate this liberty or pervert it to another, unless ere his departure hence he make reparation, be he with malediction cut off from the communion of our Lord and all his saints, and ever be tormented in hell torture, with Judas who was Christ's betrayer.

Thorpe, _Diplomatarium Anglicium Aevi Saxonici_, 235.

_Circa 901-21. Law of Edward and Guthrum._

If any man engage in Sunday marketing, let him forfeit the chattel, and twelve ores among the Danes, and thirty shillings among the English.

Thorpe, _Ancient Laws and Institutes_, 73.

_Circa 1020. Charter of Canute._

We admonish that men keep Sunday's festival with all their might, and observe it from Saturday's noon to Monday's dawning; and no man be so bold that he either go to market or seek any court on that holy day.

Stubbs, _Select Charters_, 76.

_N.B.--These latter enactments were chiefly distinguished by their breach, for throughout the middle ages English markets were frequently held on Sunday. They were probably abortive attempts on the part of pious legislators to end a custom which seemed to them ungodly._

EFFECT OF THE CONQUEST.

In Domesday Book there is evidence of a considerable number of markets which had existed in England under Edward the Confessor, and which usually yielded to their holders an annual profit of from 20s. to 40s., in those days large sums of money. New markets were in some cases established by the Norman lords who acquired English lands, and they tended to disorganise the market economy.

1087. _The ruin of the bishop's market at St. Germans._

The bishop has a lordship called St. Germans. In that lordship, on the day on which King Edward lived and died, there was a market held on Sunday. And now it is made nothing by the market set up close at hand by the count of Mortain in his castle, on the same day.

_Exon. Domesday_ (Rec. Com.), 182, 470.

1087. _Necessity to change the day of the market at Hoxne in Suffolk._

Ailmarus, the bishop, held Hoxne in the time of King Edward.... In this manor there was a market in the time of King Edward and afterwards. William the king came, and the market was held on Sunday. And William Malet made his castle at Eye; and on the same day on which there was a market in the bishop's manor, William Malet made another market in his castle, and that so much to the detriment of the bishop's market that this was of little worth. Now therefore it is held on Friday, but the market of Eye still takes place on Sunday.

_Domesday_ (Rec. Com.), II. 379.

1087. _Abolition of Launceston Market._

The canons of St. Stephen hold Launceston. Thence the count of Mortain has now taken a market, which was situated there in the days of King Edward, and which was worth 20s.

_Domesday_ (Rec. Com.), I. 120b.

It appears always to have been the intention of the Government that markets and fairs should be held only in the stronger places of the country, where the just and peaceful transaction of business could be secured. Such a situation was in the later middle ages the rule, but that in an early period it was not universal appears from the existence of legislation on the subject.

1066-87. _Law of William the Conqueror._

We forbid that any market or fair be held or suffered except in the cities of our realm and in the walled boroughs and in castles and in the safest places, where the customs of our realm, and our common right, and the dues of our crown, which were constituted by our good predecessors, cannot suffer loss nor fraud nor violation; for we will that all things be done with right forms and openly, and in accordance with judgment and with justice.

Thorpe, _Ancient Laws and Institutes_, 212.

NEW CREATIONS.

1214. _Grant of a market and fair to William of Lancaster._

THE KING TO THE SHERIFF OF WESTMORELAND GREETING.

Know that we have granted to our beloved and faithful William of Lancaster that we have every week a market at his manor of Barton on Thursday, and that he have a fair there every year to last two days, the vigil and the feastday of All Saints. And therefore we command you to cause that the said William have the market and fair according to the tenor of our charter which he has.

_Cal. Rot. Lit. Claus._ (Rec. Com.), I. 173.

1215. _Grant of a market to the men of Beer Hackett._

THE KING TO THE SHERIFF OF DORSET GREETING.

Know that we have granted to our men of Beer that they have a market at Beer every week on Wednesday, so that it be not to the injury of neighbouring markets. And therefore we command you to cause them thus to have that market.

_Cal. Rot. Lit. Claus._ (Rec. Com.), I. 220.

1205. _Creation of a royal fair having for three years special privileges._

Mandate to the sheriff of Oxford that he cause a fair to be at Wallingford every year to last for four days, for Friday in Pentecost week and the three following days, and that that fair be free and quit of toll and all customs which pertain to such fairs for three years.

Given by the Lord King at Oxford on the 28th day of March.

_Cal. Rot. Lit. Claus._ (Rec. Com.), I. 24.

A fair or market was sometimes bought from the crown.

1221. _Remission of the price of the right to hold a market and fair._

THE KING TO THE BARONS OF THE EXCHEQUER GREETING.

Know that for God's sake we have pardoned the abbot of Hale the palfrey by which he made fine to us for having a market every week on Wednesday at Hale, and a fair every year lasting for two days, the eve and the feastday of St. Dennis, that thus he may make two chalices in his abbey.

_Cal. Rot. Lit. Claus._ (Rec. Com.), 477.

1298. _To the Sheriff of Hereford._

Order to supersede entirely the levying of 11 marks from Miles Pychard, for the fee of a charter of fair and market granted in the twenty-third year of the reign, as Miles paid this sum into the wardrobe by the hands of John de Drokenesforde, keeper thereof.

_Cal. of Close_, 1296-1302, 171.

_A Fair which was Farmed._

1331. TO THE TREASURER AND BARONS OF THE EXCHEQUER.

Order to cause William de Pynlande, clerk, to be discharged of 50s. yearly for the fair of Lopen in Somerset, ... the king having committed the fair to Gilbert Talebot for the term of twenty years.

_Cal. of Close_, 1330-3, 265.

Some precautions were taken that new markets and fairs should not be established where they would damage those which already existed. A saving clause to this end was usually inserted in the grants.

1205. _Grant of a market at Wilton._

THE KING TO THE SHERIFF OF HEREFORD GREETING.

Know that we have granted to Henry de Longchamp that he have a market at Wilton every Tuesday, so that it be not to the injury of neighbouring markets. And therefore we command you to cause that he hold it, and to cause this to be proclaimed throughout your bailiwick.

_Cal. Rot. Lit. Claus._ (Rec. Com.), I. 50.

_Provision against Encroaching Markets._

1205. THE KING TO THE SHERIFF OF LINCOLN GREETING.

Because we granted to our beloved Thomas of Muleton a market to be held at Flete every week on Sunday, before we granted to Fulk of Oyri his market at Gedney on the same day: we will that the said Thomas stand and hold as we granted to him, and that Fulk's market be on another day. And therefore we command you that you cause this to be done.

_Cal. Rot. Lit. Claus._ (Rec. Com.), I. 20.

1214. THE KING TO THE SHERIFF OF OXFORD GREETING.

We command you that the market of Crowmarsh, which is held to the injury of our market at Wallingford, and which by our precept was forbidden to be held for one turn, be prohibited and entirely abolished.

_Cal. Rot. Lit. Claus._ (Rec. Com.), I. 175.

1222. THE KING TO THE SHERIFF OF SOMERSET GREETING.

We have heard that a market has been newly established without warrant at Wechat to the detriment of the market of Dunster. And therefore we command you that if so it be, then without delay you cause such market to be forbidden, so that for the future no market be there held to the detriment of the market of Dunster.

_Cal. Rot. Lit. Claus._ (Rec. Com.), I. 527b.

MARKET-PLACES.

Markets and fairs were held sometimes in open and outlying places, as at Smithfield; but more frequently in central parts of their towns--in graveyards, in the market-places of which many survive, and in the streets. The last case has named streets in many English towns "Cheap" or "Cheapside," for "cheap" meant "market."

1223. THE KING TO THE MAYOR AND BAILIFFS OF LINCOLN GREETING.

We command you that on our behalf you cause to be forbidden that any market be held in future at Lincoln in the graveyards, but that the markets be held in the streets of that city, where best and most adequately you shall provide that they be.

_Cal. Rot. Lit. Claus._ (Rec. Com.), I. 547.

1233. The king has granted to Hamo de Crevecquer that the market, which has been used to be held every week on Sunday at Brenchley in the graveyard of the church, be held henceforth on the land of Hamo of Brenchley, and that he and his heirs have there every year a fair to last three days, the vigil, the day and the morrow of the feast of All Saints. And the sheriff of Kent is commanded to cause that market and the fair to be proclaimed, and to be held as aforesaid.

_Cal. of Close_, 1231-4, 234.

1234. The king has granted to the prior and the brethren of the bridge of Lechlade that they have for ever at Lechlade bridge every year a fair, to last for five days, the eve and the feastday of the Decollation of St. John the Baptist and the three following days.

_Cal. of Close_, 1231-4, 398.

1235. The king has conceded to Henry, Abbot of St. Edmund, that he and his successors have yearly for ever two fairs in the suburb of the town of (Bury) St. Edmunds, namely one outside the north gate, outside the town, beside the hospital of St. Saviour, to last for three days, the eve, the day, and the morrow of the feast of the Transfiguration of the Lord; and another outside the south gate of the town, likewise to last for three days, the eve, the day, and the morrow of the feast of the Translation of St. Edmund: unless such fairs be to the injury of neighbouring fairs. And the sheriff is commanded to cause this charter to be read in full county court, and these fairs to be proclaimed and held.

_Cal. of Close_, 1234-7, 61.

Encroachments on market-places were not lawful without special licence.

1123. _Foundation of the Priory of St. Bartholomew on part of Smithfield market-place by Rahere, first prior._

Since the place godly to him (Rahere) shown was contained within the king's market, of the which it was not lawful to princes or other lords, of their proper authority, anything to diminish, neither yet to so solemn an obsequy to depute: therefore, using ... men's counsel, in opportune time he addressed him to the king, and before him, and the Bishop Richard (de Belmeis, Bishop of London) being present, the which he had made to him favourable before, effectually expressed his business, and that he might lawfully bring his purpose to effect meekly besought. And nigh him was he (St. Bartholomew) in whose hand it was, to what he would the king's heart to incline, and ineffectual these prayers might not be, whose author is the apostle, whose gracious hearer was God: his word therefore was pleasant and acceptable in the king's eye. And when he had weighed the good will of the man prudently, as he was witty, he granted to the petitioner his kingly favour, benignly giving authority to execute his purpose. And he, having the title of the desired possession, of the king's majesty, was right glad.

_Book of the Foundation of the Church of St. Bartholomew, London._ Original Latin version (Cotton MS., Vesp., B. IX., fols. 41-3), written 1174-89. Old English version written about 1400 and edited by Norman Page.

In the greater markets particular places were assigned to the sellers of particular wares.

_Ancient Regulation of Oxford market renewed in 1319._

The sellers of straw, with their horses and carts that bring it, shall stand between East Gate and All Saints' church, in the middle of the king's highway.

The sellers of wood in carts shall stand between Shydyerd Street and the tenement sometime of John Maidstone....

The sellers of timber shall stand between the tenement which is called St. George's Hall and St. Edward's Lane....

The sellers of hogs and pigs shall stand between the churches of St. Mary and All Saints and on the north side of the street.

The ale or beer shall stand between St. Edward's Lane and the tenement sometime of Alice de Lewbury on the south side of the king's highway.

The sellers of earthen pots and coals shall stand between the said lane of St. Edward and the tenement sometime of John Hampton ... and from that place upward.

The sellers of gloves and whittawyers shall stand between All Saints' church and the tenement which was sometime John the Goldsmith's....

The sellers of furs (? monianiorum) and linendrapers and langdrapers shall stand from the tenement which was John the Goldsmith's to the tenement of the abbot of Osney, in the corner, which John Smith sometime inhabited.

The bakers selling bread called Tutesyn shall stand between the shop which Nicholas the Spicer now holdeth and the tenement which John Coyntroyer holdeth.

The foreign[3] sellers of fish and those that are not free or of the Gild shall stand on market days behind the said sellers of bread, towards the middle of the street.

The foreign or country poulterers shall stand between Mauger Hall and the tenement called Somenois Inn....

The sellers of white bread shall stand on each side of Quatervois, from the north head thereof toward the south.

The tanners shall stand between Somenois Inn and Quatervois.

The sellers of cheese, eggs, milk, beans, new peas, and butter, shall stand on Quatervois Corner on each side of the way towards the Bailly.

The sellers of hay and grass at the pillory.

The sellers of rushes and brooms opposite to the Old Drapery.

The sellers of corn shall stand between North Gate and Mauger Hall.

The fruiterers ... shall stand from Guildhall down towards Knap Hall.

The sellers of herbs ... shall stand from Knap Hall towards Quatervois.

The sellers of dishes ... between Baptys Inn and Stokenrow, near to the Palace.

The sellers of fresh fish which are of the Gild shall stand as they were formerly wont to do, under the palace of Nicholas the Spicer.

The sellers of wood from the great Jewry to the tables where fish is sold.

The carts with thorns and bushes shall stand between North Gate and Drapery Hall on the west side of the street.

Oxford Hist. Soc., _Collectanea_, II. 13 (reprint of MS. of Anthony Wood).

[3] Foreign here denotes all persons not inhabitants of Oxford.

SMITHFIELD HORSE AND CATTLE MARKET UNDER HENRY II.

Outside one of the gates there (in London), immediately in the suburb, is a certain field, smooth (Smith) field in fact and name. Every Friday, unless it be a higher day of appointed solemnity, there is in it a famous show of noble horses for sale. Earls, barons, and many citizens who are in town, come to see or buy. It is pleasant to see the steppers in quick trot going gently up and down, their feet on each side alternately rising and falling. On this side are the horses most fit for esquires, moving with harder pace yet swiftly, that lift and set down together, as it were, the opposite fore and hind feet; on that side colts of fine breed who, not yet well used to the bit,

"Altius incedunt, et mollia crura reponunt."[4]