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.