as to require all contracts to be openly made and have good testimony. Among the Anglo-Saxons secret contracts were forbidden, and the toll may probably be a survival of an ancient expedient for preventing secret bargains. The Mirror of Justice says that "buyers of corn and cattle should pay toll to the lords bailiffs of markets or fairs *** ** and this toll was given to testify the contracts, for that every private contract was forbidden." Edward the Confessor defines the toll to be "libertatem emendi et vendenli in terra sua." The toll is thus partly a icense, and partly a species of earnest paynent. No toll could be collected unless the ight to it was accorded to the lord of the air in the king's grant. It was part of the ommon law that toll was to be collected om the buyer and not from the seller. The egulations concerning toll applied to both irs and markets. Markets, like fairs, existed by prescription grant, and were usually held two or three mes a week. Fairs, on the other hand, ere of much rarer occurrence, being only eld two or three times a year. Fairs and arkets were protected from the erection of w fairs and markets. Such a new fair or arket would have been considered a nuisce by the lord of the older one. But it s necessary for the latter to prove that his r or market was not only the older one, but o that the new fair or market was within third part of twenty miles of his own, for vas recognized by the common law that ry man should have a market within a d part of a day's journey from his dwell"that the day being divided into three ts, he may spend one part in going, aner in returning, and the third in transacthis necessary business there." The court of the clerk of the market was most inferior court known to the laws of land. It was incident to every fair and ket, and it had jurisdiction over weights measures. The origin of the clerk's is a disputed point. Coke is of opinion the markets were originally held at the 's gate, and that the officer of this marvas called "clericus mercati hospitii regis." Blackstone, with probably more correctness, regards the clerk of the market as a survival. of an old ecclesiastical officer, who still retains his church title, though he is now a layman. The old English entrusted the inspection of weights and measures in the markets to the bishops. The theory, therefore, that he appointed an assistant, a clerk, to inspect the matter more closely than he himself had time to devote to it, is very plausible. The sacred character of weights and measures was almost universal in primitive times. The curule ædiles, the most dignified magistrates of Rome, had control of the weights and measures. In like manner, men of corresponding integrity and character performed the same duty in the fairs and markets of the Aztecs. False weights and measures were destroyed. The clerk of the market was the commercial constable of the Anglo-Saxons. The "port" was not only a port in the ordinary sense of that term, but it was also used to denote the market-town. As has been already intimated, it was more defensive than ordinary towns. Other towns grew up around the country houses of the kings and ealdormen. The presiding officer in some of the municipalities was the gerefa, or in the market towns the port reeve. In addition to being a special officer, having a general supervision over the market, he also appears with the "hordere," and with the mass priest as a necessary constable to ratify all bargains. This constant association of the bishops and port reeve, and the growing power of the church, tended more and more to make the latter an ecclesiastical officer. In the jealous charter of William the Conqueror to the city of London, this classing together of these two functionaries is clearly seen. "William the King greets William the Bishop, and Gosfrith, the port reeve, etc." Blackstone is thus correct in claiming the influence of the church on the office of clerk of the market, but he fails to identify the clerk with the port reeve or market constable, when the two really are identical. Closely connected with the court of the clerk of the market, and but one step removed from it, was the court of pie poudre, or "pie or not. In the words of Coke, "It was for the advancement and expedition of justice, and for the supporting and maintenance of the faire or market; and so note a distinction between the private and the publique." An additional strength was imparted to the court of pie poudre by making its existence perpetual. Persons attending fairs having been much annoyed by their enemies arresting them on fictitious charges, it was in time enacted that every one at a fair should be free from arrest, and that charges instituted against them should be for offenses committed at the time of the fair at which the com plaint was made. The court of pie poudre thus had jurisdiction over all suits arising in that fair at which they sat. powder." This court was more especially at- whether mentioned in the charter of the fair tached to fairs, and sought to give summary justice to suitors. It is closely analogous to a similar Anglo-Saxon institution of the ceapstowe or ceapunggemot, the assembly of the market people, where a court of six men of a neighborhood was sometimes appointed to decide upon disputed property. The Latin words used to denote the court of pie powder were curia pedis pulverizati, court of the dusty feet, so called from the dusty feet of the suitors. By some it has been resolved into the old French pied puldreaux, a pedlar, and it has thus been thought to signify the judicial assembly for pedlars. Coke says that it was so called "because justice is there done as speedily as dust can fall from the feet; upon the same principle that justice among the Jews was administered in the gate of the city, that the proceedings might be the more speedy, as well as public." Skeat, quoting from Blount's Nomolexicon, edited 1691, says that it is "so called because they are most usual in summer, and suitors to this court are commonly country clowns with dusty feet." This last explanation and derivation will perhaps afford the most satisfactory answer to the question of the origin of the court of pie powder. The jurisdiction of this court extended to the following matters: 1. The contract of cause of action must have taken place in the same time and place as the fair or market, and not before or in a former one. 2. The case tried was obliged to be connected with some matter pertaining to the fair. 3. The case must have originated in the fair or market. 4. The plaintiff was to take an oath to the above. The court of pie poudre was, therefore, a court of summary justice. It arose out of a desire to suit the convenience of those at tending the fair. Much inconvenience would have occurred had disputes, arising in these fairs, been left to the superior courts. It was, therefore, recognized as a most necessary institution. It was a court of record, and was regarded as incident to every fair, The special privileges enjoyed by the trad ing people at a fair produced a strong temp tation for them to continue trading there after its close. The charter always specified how long the fair was to be held. But thi was in some instances disregarded. Edward III., therefore, in order to correct this disre gard of the charter of a fair, proclaimed tha no fair should be continued longer than the charter allowed, or, if the fair existed by pre scription, longer than was customary. A the opening of the fair, the lord or owne proclaimed how long it was to last, so tha merchants should not stay over their time The following form of opening a fair is sti preserved in some of the old border towns "One of the Lords;—A. B. and C. D., Lord of the Manor of E., do hereby in her Majes ty's name strictly charge and command a manner of persons coming and resorting t this fair, that they and every of them well and truly observe the form and keep her Majesty's peace, without making of any assault or fray, or wearing any unlawful ans or weapons contrary to the statute law in this case made and provided, as pistols, carbies and guns, or such like arms; and this fair to endure and continue the whole days, whereof this is the first, where every man may and shall have free libe lawfully to sell, buy, and exchange at his and their wills and pleasure all manner of gr space of thre here brought to be sold or exchanged, without regrating or forestalling, they coming to he keeper and tollers of the fair, and for every kind of cattle so bought and sold to pay the toll accustomed. And this is further o give notice, and in behalf of the Lords of his Manor it is hereby declared, that if any person or persons that shall buy any manner of goods and doth convey them without the recincts and liberties of this fair having not aid toll for them, such goods, being by the ailiff or keeper of the fair taken, shall be orfeited to the Lords of the Manor. And rther, this is to give notice that if any disute or question concerning any bargain or le, or if any difference shall happen to ise within this fair concerning any bargain sale or other contract between party and irty, that the party aggrieved do resort to e bailiff of the town, where every man shall ive justice done him according to the equity his cause, and all offenders and breakers the public peace shall be punished accordg to the statute in this case made and proled." Nothing was to be sold after the r had been closed. Such are the growth and constitution the old fairs and markets. It yet reins to be seen how they were affected time by the church, and in what manner y grew into great social centers. The large concourses of people at the ́s and markets were each seized upon by church. This may be seen by the direct ress of the church itself, as illustrated in legal enactments relating to fairs and rkets, and also by the remains of the old rket crosses in and around the fair and ket grounds. Some of the market houses he larger market towns contained chapels he upper stories. Some were even built he shape of crosses, with a chapel in the er part of the cross. The old market at y, England, seems to have been concted on such a plan, and so also the one Stratford-on-Avon, which was known as e cross." These old markets often had ll or turret tower, and the opening of the ket was denoted by the ringing of the Shakespeare speaks of the market bell announcing the market hour. Bells were very early adopted by the church, and their having been used for so many church purposes may connect the market bells with some religious ceremony. It is certain that they were used for many semi-legal, semi-religious purposes, such as ringing the curfew, sounding an alarm, and in some instances proclaiming the opening of the yearly fair of a town. The market crosses, in addition to being used as public chapels, were sometimes used to proclaim certain official announcements. Notices of approaching marriages were often published at the market three several market days in three several weeks." cross Through the influence of the church it became customary at one time to hold the fairs in the churchyard of the church which was dedicated to the saint whose wake or festival the people were keeping. A close connection arose, therefore, between wakes, fairs, and markets. As a necessary consequence of the large crowds gathering at the fairs on the holy days set apart to do honor to the memory of the old departed saints, much disorder arose in and around the churches. This continued to be the case until fairs were no longer allowed to be held on Sundays and the principal festival days (Ascension, Day of Corpus Christi, WhitSunday and Trinity), and Edward I. excluded them from the church yards. A fair was the great event of the season for the people of the surrounding country. There was gathered the "culled sovereignty," as Shakespeare expresses it, and there also was "Where several worthies make one dignity Where nothing wants that want itself doth seek." were indulged in. An old English poet thus describes the general spirit pervading these old fairs. "Next morn, I ween, the village chartered Fair, and other southern countries of Europe, the fairs have been transformed into the carnivals which are said to be sometimes celebrated with unbounded license. Among the Greeks and Romans, the laws regulating the fairs and markets were almost as perfect as our own. The fairs and markets of the Aztecs of Mexico had also reach ed a very high stage of development. A month, according to their chronology, being divided into four weeks of five days each, the public market or fair day was held on the fifth day of each week. All commercial transactions were carried on in these fairs and The pole high reared, the Dance, the Gambol markets of the Mexicans, there being no shops in the cities. shewed The grinning Andrew, perched on Folly's stool, The universality of fairs and markets has already been remarked. The great fairs or jahrmarkts of Frankfort-on-the-Main, Leipsic, and other towns of Germany, are known by almost every one. These old German fairs, like those of England, are of remote origin. Their very name, messa, serves to show their early connection with the church festivals and other religious gatherings, messa being the German word for a very impressive part of the church service. A sketch of the history of these fairs was recently given in one of the public documents of the United States. It appears that as early as 1240 the Emperor Frederick II. assumed control of the German fairs, and by his charter he granted protection to all persons going to and from them. The charter even went so far as to threaten with the imperial displeasure any one who should dare to hinder or disturb those attending the fairs. Then there are the religious and winter fairs of Russia, the latter being held on the ice on the Neva River, and the former at various places in the empire, especially, however, at Novgorod, where a Gothic market existed as early as the twelfth century. In Italy, France, With other institutions the English settlers brought with them to America the English fair and market. The character of the colonies, however, largely determined the nature of these early fairs and markets in this country. As early as 1634, a law was passed in Massachusetts "that there shal be a markett kept at Boston upon ev'y Thursday, the fifth day of the weeke." A few years later laws were passed for the erection of fairs in each of the towns of Salem, Watertown, and Dorchester. In Pennsylvania also, both fairs and markets were introduced into the colony at a very early date.* Market days and fairs were provided for in the charter of the city of Philadelphia, the markets being required to be held on Wednesdays and Saturdays of each week, and the fairs being required to be held twice a year, the first opening on the sixteenth of March and lasting three days, and the second beginning on the sixteenth of September and likewise lasting for three days. In Gabriel Thomas's "Historical and Geographical Account of the Province of Pennsylvania, etc.," published in London in 1698, the author mentions the fact that "Philadelphia hath in it three fairs every year and two markets every week." The power of locating market towns and corstructing market places was entrusted to the * Mr. T. K. Worthington, a graduate student of the Johns Hopkins University, who is now preparing a noper on the early economic history of Pennsylvania, 35 kindly furnished these notes concerning fairs and n 2kets in Pennsylvania. rnment. governor and the provincial council. The and markets. Its great dependence upon airs of Pennsylvania, like those of Maryland the mother country and its friendly relations where they also appeared at an early period), with her largely contributed, perhaps, to the vere afterwards abolished by the State gov- perfectly English character of the institutions of this colony. In the words of the act creating them, they were to enjoy all the "liberties and free customs to such fairs appertaining, or which ought or may appertain, according to the usage and customs of fairs holden in that part of his Majesty's realm of Great Britain, called South Britain or England." Two annual fairs were authorized to be held at each of the towns of Childsberry, Dorchester, and Radnor. the old Saxon system of tolls was ordered to be established. A court of pie poudre was also authorized to be created, but it is doubtful whether the act establishing it was ever enforced or not. It is probable that in the South, where griculture became the chief pursuit of the eople, fairs and markets grew into more mportant commercial institutions than in he North, where the climate rather discourged rural life, and where the growth of muicipal life and the accompanying diversity f employment tended to make fairs unnecesary. Especially was this true when imroved systems of intercommunication and xchange were introduced. But in the South e early encounter much legislation on the bject of fairs and markets. In Virginia, › far back as 1649, provision was made for e establishment of a weekly market at imes City. Six years later the General ssembly of the colony deemed it expedient order the erection of one or two, "and › more," markets in every county of the lony. The same old English policy of otecting one market from another was ustrated in this act. The commissioners whom were intrusted the duty of erecting e markets were to select as market seats aces ten miles distant from each other. he places thus selected were to be on one both sides of a stream. In order to make ese market towns great commercial centers, was required by the act ordering their esplishment that the county courts, the clerk's d sheriff's offices, the prison, the meetinguses, and the lodging-houses were to be uated in the market limits. Fairs were erwards ordered to be established at Alindria, Fredericksburg, Richmond, and ewhere. The same old Saxon principles freedom from arrest while attending fairs, 1 the right to have speedy justice while re, were not slow to find their way to ginia colonial legislators. These old ́s afterwards became great occasions for transfer of property, such as cattle, nees, and land. South Carolina is another southern colony t early recognized the importance of fairs All Nor were the regulations of the markets. very different from those of old England. In almost all the states the constitution of the markets was borrowed directly from the mother country. The clerk of the market was made an officer, with duties corresponding to those of his English prototype. Butchers, in some cases, were required to preserve the head and hide of beeves killed according to Saxon precedent. And so also with regard to the days for holding markets, and the old laws against forestalling. All of these old customs were reproduced in the American market, and many of them still survive. When one walks down Eutaw Street in Baltimore, and discovers that Lexington market is open on certain days only, and that Richmond market, and Central market, and Belair market, and the other markets in the city all have their special days for trading, one hardly realizes how far back the custom reaches. Truly the "roots of the Present lie deep in the Past." To trace the effect of market towns upon the industrial history of a country; their influence upon the road systems; and how far they modified the constitution of a country, would be a subject of vast interest and importance. And the same may be applied to fairs. To see at what periods of a nation's development fairs were most important as a means |