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 Praise for An Audience of One and
for Jamie Turner and Chuck Moxley

One of the most important marketing books of the past decade. This
should be required reading at every corporation and business school
that wants to stay ahead of the curve.
—Doug Busk, former Global Group Director at The Coca-Cola
Company, US

Well researched and written in a fun, breezy style that makes this
highly technical subject easy to understand and execute.
—Kirsten McMullen, Global Privacy Program Manager at
NortonLifeLock, US

An Audience of One provides a road map to how marketing is

changing today and where it is headed tomorrow.
—Doug Dichting, former VP of R&D and Innovation at Del Monte
Foods, US

A blueprint for executives interested in using cutting-edge

techniques to stay ahead of their competitors.
—Desmond Martin, former CTO of Harrods of London, UK

If you want to learn how to navigate the fast-changing world of

marketing, then this book is for you.
—Michael Brenner, CEO of Marketing Insider Group and former
Global Director of Corporate Marketing at Nielsen, US

Everything you need to add the one-to-one secret weapon to your

marketing today.
—Bart Casey, former SVP, International, at Ogilvy & Mather, UK
A must-have guide for marketers—beginners and pros—to take their
game to the next level. This is the next step in marketing.
—Emily Justin-Szopinski, Director of Development and Innovation
at RedSaberes, Chile

Jamie Turner and Chuck Moxley are master storytellers. An Audience

of One is the most captivating, comprehensive, and compelling book
on how to market to each customer on a one-to-one basis, using
large customer databases without the privacy issues.
—Jagdish N. Sheth, Charles Kellstadt Professor of Business at
Goizueta Business School of Emory University

The definitive guide on how to grow your revenues by narrowing

your focus.
—Ayman Itani, CEO of Think Media Labs, Dubai

Effective marketing has shifted from one-to-many to one-to-one.

Jamie Turner and Chuck Moxley understood that before most of us.
Thanks to this book, we all have a chance to catch up.
—Emeric Ernoult, founder and CEO of AgoraPulse, France

Jamie Turner and Chuck Moxley have written the seminal book on
how to send relevant, meaningful campaigns to individuals rather
than mass audiences. This is the future of marketing.
—Reshma Shah, PhD, Associate Professor of Marketing at
Goizueta Business School of Emory University

There’s a lot of buzz about one-to-one marketing, but up until now,

there hasn’t been a guidebook for it. Turner and Moxley have given
us the keys to drive marketing success today and tomorrow.
—Erik Qualman, author of Socialnomics and Digital Leader

One-to-one marketing done right enables the holy grail of sales

attribution. An Audience of One provides the framework to get you
started.
—Carrie Schonberg, CMO of Ashton Woods Homes, US
This is a book made especially for you, whoever you are. An
Audience of One is a game changer.
—Jacques Meir, Chief Knowledge Officer of Grupo Padrão, Brazil

Turner and Moxley have authored a book that not only provides big
picture insights but also enables the reader to put together a one-to-
one campaign that works. Definitely worth reading.
—Gary B. Wilcox, PhD, John A. Beck Centennial Professor in
Communication at The University of Texas at Austin

An Audience of One shows you how to shift from mass marketing to

one-to-one marketing. It’s a forward-looking guidebook with
straightforward, practical advice.
—Siddharth Taparia, Business Head at Emeritus Insights,
Singapore

This book reveals how to set up, launch, and manage a successful
1:1 campaign.
—Frans Mahieu, Director of Marketing at LeasePlan and former
Global Marketing Director at Kimberly-Clark, US

The future of marketing has finally arrived. An Audience of One is a

must-read on how to navigate the new marketing landscape.
—Robert T. Chin, CEO of Aquilini Beverage Group, US

An Audience of One comes at a time when consumers expect brands

to know them better and offer a seamless, personalized, and
valuable experience. Essential reading if you want to survive the new
normal.
—Ravi Raman, Publisher of Martechvibe, Dubai

If you’re interested in learning how to create cutting-edge marketing

campaigns that can hypertarget consumers and follow them through
to purchase, then An Audience of One is for you.
—Dave Kerpen, New York Times bestselling author of The Art of
People and Likeable Social Media
Copyright © 2022 by Jamie Turner and Charles Moxley. All rights
reserved. Except as permitted under the United States Copyright Act
of 1976, no part of this publication may be reproduced or distributed
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To our lovely wives, both cancer survivors, who have fought and
continue to fight for each of us and for our respective families.
 CONTENTS

Foreword by Don Peppers and Martha Rogers, PhD

Introduction: The World of One-to-One Marketing

PART 1 THE ONE-TO-ONE MARKETING OVERVIEW

CHAPTER 1 What Is One-to-One Marketing?

CHAPTER 2 Your Consumers Are Changing. Are You Keeping Up

with Them?

PART 2 DIGGING DEEPER

CHAPTER 3 Dissecting 1:1 Campaigns Versus Mass Marketing

Campaigns (the Who and the What)

CHAPTER 4 Dissecting 1:1 Campaigns Versus Mass Marketing

Campaigns (the Where and When)

CHAPTER 5 Dissecting 1:1 Campaigns Versus Mass Marketing

Campaigns (the Why and How)

PART 3 STRATEGIC THINKING

CHAPTER 6 The Sales Funnel Isn’t Dead. It Just Needs a Kick in

the Butt.

CHAPTER 7 Reinventing the Way You Think About Marketing

CHAPTER 8 Key Concepts and Definitions Every 1:1 Marketer
Must Know

CHAPTER 9 What’s Required to Become a 1:1 Marketer?

PART 4 PUTTING IT ALL TO WORK

CHAPTER 10 Building and Implementing a Marketing Strategy

Around Your Audience of One

CHAPTER 11 The Tools in the Toolshed

CHAPTER 12 How to Turn Consumer Privacy into a Strategic Benefit

for Your Brand

CHAPTER 13 Seven Tips and Best Practices for Implementing 1:1

Marketing in Your Organization

CHAPTER 14 Yes, B2B Marketers Can Also Be 1:1 Marketers

PART 5 ADVANCED TECHNIQUES

CHAPTER 15 Data Is the New Oil That Keeps 1:1 Marketing

Running Smoothly

CHAPTER 16 Identity: The Linchpin of 1:1 Marketing

CHAPTER 17 How to Create and Manage Your Identity Graph

CHAPTER 18 Fun with ROI Calculations—Even If You’re Not a Math

Whiz

CHAPTER 19 Putting It All Together

Acknowledgments
Notes

Index
 FOREWORD

You say you want a revolution. Well, you know, we all

want to change the world.
—THE BEATLES

O ur first book together, The One to One Future: Building

Relationships One Customer at a Time, was finally published in
August 1993. We had been working on it for more than three years,
after meeting each other by chance at the Toledo Advertising Club in
January 1990. Don was an advertising executive from New York, and
Martha was a marketing professor in Ohio. We discovered that we
each had been trying to work out how the advertising and marketing
world might be changed by interactivity—whenever it arrived in full
force.
The prevailing myth in those days was that when interactivity
arrived, consumers would be able to watch a commercial on
television, and if they liked it, they would push a button on their
remotes and a coupon would print out of the set-top box. But we
thought interactivity—true interactivity—would involve messaging
that flowed both ways, not just from advertiser to consumer, but
from consumer back to advertiser. The question was, how would
that change the marketing discipline? Or would it?
So we undertook a thought experiment. What if, sometime in the
distant interactive future, a child could be watching a Kellogg’s
Frosted Flakes commercial and talk back to Tony the Tiger—if the
child could have an actual conversation with this cartoon character?
What might Kellogg do differently because of the child’s input?
Would they treat the child any differently? Would they change their
product in any way?
 In answering this question, however, we realized that individual
feedback was of no value at all to a mass marketer—not unless it
was representative of a broader population or audience. A mass
marketer learned about audiences and prepared its messages for
them by conducting extensive market surveys. But the feedback of
an individual customer? They called that “anecdotal.” We wrote
about the conflict between interactivity and the mass marketing
discipline in Chapter 2:

No one at Kellogg knows whether you prefer the added interest

of nuts and raisins with high-fiber flakes. No one will wonder why
you stopped buying Frosted Flakes after ten years as a loyal
customer, or what they could do to get you back again. No one at
Kellogg will know whether you personally replaced Frosted Flakes
with another Kellogg brand or whether you started eating bagels
every morning instead. No one in the marketing department at
one of these companies really cares about you personally.1
(Emphasis in the original.)

In conducting our thought experiment, however, we also realized

that to be competitively successful in the interactive future,
marketers would need to focus not on audiences of customers, but
on individual customers, literally one customer at a time. Audiences
of one. Instead of one-to-many communications and messaging,
marketing in a truly interactive world would be competitively
transformed into a one-to-one discipline.
We appreciated, of course, that this was a totally impractical idea.
Absurd. Preposterous. But we consoled ourselves by visualizing our
writing project as a work of business science fiction. We had no idea
when or how interactivity would arrive in individual consumer
households with full force, although we viewed it as inevitable.
Sooner or later, we knew, the world would become fully interactive.
We just didn’t see how it could happen in less than the 10 or 20
years required to lay fiber-optic cables into residential
neighborhoods.
Another random document with
no related content on Scribd:
The Project Gutenberg eBook of Fairs, past
and present
 This ebook is for the use of anyone anywhere in the United
States and most other parts of the world at no cost and with
almost no restrictions whatsoever. You may copy it, give it away
or re-use it under the terms of the Project Gutenberg License
included with this ebook or online at www.gutenberg.org. If you
are not located in the United States, you will have to check the
laws of the country where you are located before using this
eBook.

Title: Fairs, past and present

A chapter in the history of commerce

Author: Cornelius Walford

Release date: May 9, 2024 [eBook #73583]

Language: English

Original publication: London: Elliot Stock, 1883

Credits: deaurider and the Online Distributed Proofreading Team

at https://www.pgdp.net (This file was produced from
images generously made available by The Internet
Archive)

*** START OF THE PROJECT GUTENBERG EBOOK FAIRS, PAST AND

PRESENT ***
FAIRS, PAST AND PRESENT.

FAIRS,
PAST AND PRESENT:

A
CHAPTER IN THE HISTORY OF
COMMERCE.

BY
CORNELIUS WALFORD, F.I.A., F.S.S.,
Barrister-at-Law, and Vice-President of Royal Historical Society.
LONDON: ELLIOT STOCK,
62, PATERNOSTER ROW, E.C.
1883.
 PREFACE.
It seems a little remarkable that an institution at once so popular
and so universal as fairs should not heretofore have found an
historian. The fact may perhaps be accounted for in the
circumstance that fairs, as now regarded, are associated with
notions of frivolity. Many of the circumstances connected with their
origin are certainly not generally known. They were the product of a
blending of Religion with Commerce, suited to the genius of former
ages, but finding little sympathy now. They have been associated
with the development of commerce in the nations of Europe—
perhaps in the nations of the world.
The materials for such a history are reasonably abundant upon
diligent search. They do not lie upon the surface. Prolonged
investigation revealed so much, that for the purpose of this work
some selection became necessary. I had to consider whether it
would be more instructive to present the incomplete outline of a
number of fairs ranging throughout the world, or to select some of
the principal ones at home and abroad, past and present, and trace
minutely their origin, their development, and their decadence. I
determined upon the latter course; and this, too, notwithstanding
that Mr. Henry Morley had already traced in much detail one of the
great fairs whose records it would become necessary for me to
traverse.
 I was chiefly led to the decision stated from the fact that the
greatest fair ever held in this country, and held for many centuries—
that of Sturbridge, by Cambridge—had hitherto found no historian;
yet many of its annals are on record in a form of undoubted
authenticity. It seemed to me that it would be more instructive to
follow such a history through its successive phases than to present a
series of minor sketches, however varied the details should be. I
trust it may be felt that I have selected the right course. The other
materials brought together are not lost; they are only held over, and
will receive the benefit of some additions and corrections. They can
be had when called for, and they will reveal much that is new, even
after this work shall have been read.
The greatest fair in England was that of Sturbridge; the greatest
fair in London that of St. Bartholomew, Smithfield. Their histories are
here given. They have some points of resemblance; but on the
whole they represent two really distinct pictures of old English
manners.
The fairs of Continental Europe required some elucidation. I have
given therefore an outline of several of the more notable fairs of
France, including those most famous gatherings of the middle ages
at Champagne and Brie. Concerning these latter I have been able to
present some original documents, forming part of the records of the
City of London, and now for the first time printed. Many of these
fairs are things of the past. I have added an outline of the fairs of
Russia, including the great fair of Nijni-Novgorod, because these are
institutions of the present. I think the history of this last-named fair
has not previously been written in such detail.
I trust that the work will be found reasonably free alike from
author’s and from printer’s errors.
C. W.
Belsize Park Gardens,
London, February, 1883.
 ERRATA.
Page 17, first line, read dieta for dicta.
Pages 20, 21, 22, for Magna Carter read Magna Charta.
Page 21 (note), sixth line, after “Saxon” read Tholl, Low Latin.
Page 245, nine lines from bottom, for “a.d. 427,” read in the fifth
century.

Transcriber’s Note: These errata have been corrected, along with a few other small
printing errors.
 CONTENTS.
PAGE
Chapter I. Origin of Fairs 1
II. Origin and Laws—England 12
III. Early Regulations—England 19
IV. Courts of Piepowder 26
V. Legislation for Fairs—England 32
VI. Modern Legislation 49
VII. Sturbridge Fair, Origin of 54
VIII. Sturbridge Fair, Thirteenth and Fourteenth
Centuries 58
IX. Sturbridge Fair, first half of the Sixteenth
Century 68
X. Sturbridge Fair, second half of the Sixteenth
Century 88
XI. Sturbridge Fair, Seventeenth Century 113
XII. Sturbridge Fair, Eighteenth Century 128
XIII. Sturbridge Fair, Nineteenth Century 149
XIV. Sturbridge Fair, Conclusion 160
XV. Bartholomew Fair, Origin of 164
XVI. Bartholomew Fair, Twelfth to Sixteenth
Centuries 167
XVII. Bartholomew Fair, Seventeenth Century 190
XVIII. Bartholomew Fair, Eighteenth and Nineteenth
Centuries 217
XIX. Fairs in France 245
XX. Other Fairs of France 261
XXI. The Fairs of Paris 275
XXII. Fairs of Russia 284
XXIII. Nijni-Novgorod 291
XXIV. Fairs in Asiatic Russia 308
Comprehensive Index 311
 CHAPTER I.
ORIGIN OF FAIRS.
The origin of Fairs, like that of many other ancient institutions, is
involved in much obscurity. The almost universal belief is that they
were associated with religious observances; or, as Mr. Morley
poetically puts it: “the first fairs were formed by the gathering of
worshippers and pilgrims about sacred places, and especially within
or about the walls of abbeys and cathedrals, on the Feast days of
the Saints enshrined therein.” The sacred building and its
surroundings being too small to provide accommodation, tents were
pitched; and as the resources of the district would no more suffice to
victual than to lodge its throngs of visitors, stalls were set up by
provision dealers; and later these were turned to more general
purposes of trade. This incidental origin seems, in some cases,
hardly sufficient to account for the results which followed; but then it
has ever been the genius of commerce to follow close upon the
wants of the people.
The establishment of fairs as a source of revenue to religious
houses was probably a later development. The Church has always
been keenly alive to its temporal interests. And while it was one of
its principal functions to administer hospitality to the needy and
decrepit, there was justice in drawing contributions from those who
too soon might have to rely upon its bounty. Certain it is that nearly
all the early charters which I shall have to notice in the progress of
this work were shaped in view of granting tolls and revenue to the
purposes of religion and charity.
The signification of the word Fair (French foire) is in the Latin
forum a market-place, or feriæ holidays. But the German designation
Messen seems still more significant, as being a word employed to
denote the most solemn part of the Church service—the mass (Latin
missa). The association of ideas here implied strengthens with every
step of investigation. In the time of Constantine the Great (fourth
century of Christian era) Jews, Gentiles, and Christians assembled in
great numbers to perform their several rites about a tree reputed to
be the oak mambre under which Abraham received the angels. At
the same place, adds Zosimus, there came together many traders,
both for sale and purchase of their wares. St. Basil, towards the
close of the sixth century, complained (De Ascetisis) that his own
Church was profaned by the public fairs held at the martyr’s shrines.
While Michaud (“History of Crusades,” i., ii) records that under the
Fatimite Caliphs, in the eleventh century, a fair was held on Mount
Calvary on the 15th September every year, in which were exchanged
the productions of Europe for those of the East. Gibbon implies an
earlier date, in stating that it was promoted by the frequent
pilgrimages between the seventh and the eleventh centuries. This
Fair was of special importance in the commerce of the Italians with
the East. Vide Cunningham’s “Growth of English Industry and
Commerce,” 1882, p. 120, n.
These notes are but preliminary and introductory: the inquiry has
now to take a wider range.
Greece.—The association of commerce with religious observances
seems indeed not to have originated in or with the Christian Church.
It is supposed for instance that at the celebrated Greek games, such
as those at Olympia, &c., trade was no entirely subordinate object;
and this idea gains confirmation from various passages in the
ancient classic authors. Cicero expressly states that even so early as
the age of Pythagoras, a great number of people attended the
religious games for the special purpose of trading. At Delphi,
Nemæa, Delos, or the Isthmus of Corinth, a fair was held almost
every year. The Amphyctionic fairs were held twice a year. In the
time of Chrysostom, these fairs were infamously distinguished for a
traffic in slaves, destined for public incontinence.[1] The
Amphyctionic spring fair was held at Delphi, and the autumn fair at
Thermopylæ: in fact at the same times that the deputies from the
States of Greece formed the Amphyctionic Council—another proof
that wherever large assemblies of people took place in Greece, for
religious or political purposes, advantage was taken to carry on
traffic. At the fairs of Thermopylæ medicinal herbs and roots,
especially hellebore, were sold in large quantities.
It may be taken for granted that one principal reason why the
religious games or the political assemblies of the States were fixed
upon to hold the fairs was that during these, all hostilities were
suspended: and every person might go with his merchandise in
safety to them, even through an enemy’s country. The priests, so far
from regarding these fairs as a profanation of the religious
ceremonies, encouraged them; and the priests of Jupiter, in
particular, advanced large sums on interest to such merchants as
had good credit, but had not sufficient money with them, vide
Stevenson’s “Historical Sketch of the Progress of Discovery,
Navigation and Commerce,” vol. 18 of Kerr’s “Travels,” 1824.
Early Eastern Nations.—By reference to “The Books of the
Prophets,” we are enabled to realize the importance of the fairs in
the ancient commerce of the great city of Tyre (probably b.c. 597-74)
“the crowning city whose merchants were princes, whose traffickers
the honourable of the earth” (Isaiah xxiii. 8). Thus in Ezekiel xxvii.:—
“12. Tarshish was thy merchant by reason of the multitude of all
kinds of riches; with silver, iron, tin and lead, they traded in thy
fairs....
“14. They of the house of Togarmah traded in thy fairs with horses
and horsemen and mules....
“16. Syria was thy merchant by reason of the multitude of the
wares of thy making: they occupied in thy fairs with emeralds,
purple and broidered work, and fine linen and coral and agate....
“19. Dan also and Javan going to and fro occupied in thy fairs:
bright iron, cassia, and calamus, were in thy market....
“22. The merchants of Sheba and Raamah, they were thy
merchants: they occupied in thy fairs with chief of all spices, and
with all precious stones and gold....
“27. Thy riches, and thy fairs, thy merchandise, thy mariners shall
fall into the midst of the seas in the day of thy ruin.”
The merchant traders mentioned here claim ancestry from families
mentioned Genesis x. 3-7. The expression “they occupied” may be
rendered “they inhabited.” In the same chapter, in alternate verses,
there are many references to markets.
Rome.—It is asserted by learned writers (Fosbroke and others)
that fairs, as such, took their origin in ancient Rome. Romulus,
Servius, Tullius, and the Republic, at its commencement, are
severally said to have instituted fairs, in order that the country
people might come in every ninth day (nundinæ) to hear the laws
proclaimed, or the decrees of the people delivered.[2] Other public
business was transacted thereat. Booths, tents, and wooden stands
for shows were always usual in such places. The fairs were
frequently held in the public streets; and one of the most constant
objects of sale or barter was that of indulgences! Dogs, and
especially greyhounds, were sold at these Roman fairs. It is further
said that the fairs were appointed to be held on Saints’ days in order
that trade might attract those whom religion could not influence.
The monasteries sold goods, probably such as their inmates and
surrounding dependents could manufacture.
Courts for the purposes of adjudicating upon questions of dispute
arising out of the dealings at the fairs were held alike in Greece and
Rome; these being similar to the Piepowder Courts of the middle
ages, and most likely their precursors. In time of war, fairs were
guarded by soldiers, attempts at plunder being frequent. Bells were
provided in fairs for the purpose of giving speedy alarm.
It has been generally admitted that the Romans introduced the
practice of holding fairs into the north of Europe. I think I shall make
it abundantly clear that they introduced them into England.
Italy.—It is towards the close of the fifth century of the Christian
era that we first find any authentic account of fairs specially
designed as marts for commerce. Like many other incidents
associated with the history of commerce, the first traces are found in
Italy. The Western Roman Empire had become extinguished; but
Italy had fallen into good hands. Theodoric the Chief or King of the
Ostro-Goths had done much to revive its agriculture, and something
for its commerce. Foreign merchants began to visit it again; and
about a.d. 493 several fairs were appointed for the purpose of
exchanging its redundant produce with the merchandise of other
countries. Many rich Jew traders settled in Rome; and by means of
these fairs a wide interchange of commodities was effected.
Germany.—We next turn to Germany. We know that the Emperor
Charles the Great (Charlemagne) towards the close of the eighth
century paid great attention to the commerce of western Europe—a
fact indeed which seems difficult to be reconciled with the
circumstance that he allowed the priests to make a canon declaring
all interest for the use of money to be sinful! It may be that he
yielded this point in the hope that commercial dealings would soon
explode the fallacy. He recognized in fairs a means of exchange of
commodities well suited to the times. The great fairs of his period
were those of Aquisgranum (Aix la Chapelle) and of Troyes. These
were frequented during his reign by traders from most parts of
Europe. The weight used at the latter fair for dealings in coin—then
often accepted by weight only on account of its battered condition—
became adopted as the weight for bullion in all parts of Europe—the
pound troy.
Flanders.—Our attention is next directed here. The woollen
manufactures commenced probably in the latter half of the tenth
century (960). At first the sales were mostly to the French, whose
thrifty habits enabled them to purchase fine woollen cloths for wear.
On account of the scarcity of coin the trade was mostly carried on by
barter, to facilitate which Baldwin, Earl of Flanders—who seems to
have exceeded most of the sovereigns of that period in desiring the
real interest of himself and his subjects—set up weekly markets, and
established regular fairs at Bruges, Courtray, Torhout and Mont-
Casel, at all which he exempted the goods sold or exchanged from
paying any duties on being brought in or carried out. The new trade
was thus greatly extended, and it continued to flourish for several
centuries—largely due to its being widely known through the fairs of
Europe.
France.—Much of the European commerce of the middle ages was
transacted at the celebrated fairs of Champagne and Brie. There the
merchants of Italy, Spain and France congregated. From far distant
climes the Genoese transported thither bales of goods; and busy
traders came to meet in open market the infant efforts of Belgian
manufacturers from Yprès, Douai, and Bruges. Burgundy sent cloth,
Catalonia leather, and the Genoese and Florentines brought silks;
while at all the seaports along their coasts vast cargoes were
unshipped and placed on the backs of mules to wend their way to
the place appointed for the fair.
These fairs would begin with the sale of cloth, perhaps for
seventeen days; the cloth merchants would settle their accounts
prior to the silk merchants entering upon their bargains. In the
middle of it all the great cry “Ara” was raised, as a signal for the
money-changers to take their seats, and for four weeks they sat for
the benefit of the various nationalities who wished to realize their
gains in their native coin.
After the conclusion of the fair a busy time of fifteen days was set
apart for those who had not yet settled their accounts, and to rectify
disputes; which time was extended in favour of the representatives
of more distant people who wished to go home and return before
finally completing their books. The Genoese bursar at these fairs had
always a month allowed him before settling his accounts.
Bent (in his “Genoa: how the Republic Rose and Fell,” 1881) from
whom we have drawn some of the preceding details says (p. 106)
these fairs in southern France were not without their political
significance. Besides bringing hither their merchandise, the Italian
traders imported into these towns their spirit of independence and
their love of republicanism. It was from the south of France that the
seeds of liberty, equality, and fraternity spread northwards. No
greater stronghold of the rights of the third estate existed than at
Marseilles. To this day the influence of this fact is strong on the
politics of France. And the principles inculcated by the independent
traders of Italy took deep root here under the eyes of despotism,
and found a truly favourable soil in which to develop. The French
revolution, and the state of France as it is to-day, may owe their first
source to these very times when a Genoese merchant would repair
to these fairs, proud and boastful of his own freedom, of his vote in
the General Council, and of a government which owned no royal
master; and all this could be said with a sneer at the people over
whom the banner of the lilies held despotic sway.
North of Europe.—Towards the close of the tenth century
periodical public markets or fairs were established in the northern
portions of Europe, and were used for a purpose altogether new in
these higher latitudes, but arising out of the rapine and hostilities
peculiar to the period. In several of the North German towns the
merchandise brought to them consisted of slaves taken in the wars—
many of which were believed to have been fermented for the simple
purpose of carrying off captives. Helmold relates that he saw 7,000
Danish slaves at one time exposed for sale in the market at
Mecklenberg. The common price of ordinary slaves of either sex was
about a mark (or 8 oz.) of silver; but some female slaves for their
beauty or qualifications were rated as high as three marks. (Vide
Thorkelin’s “Essay on the Slave Trade,” pp. 4-9.)
We arrive at the close of the sixteenth century. The city of
Antwerp had at this period arrived very nearly at the summit of its
wealth and glory, which Anderson (“Hist. of Commerce,” ii., p. 25)
considers it had acquired by two principal means:—
I. By the grants of free fairs for commerce, made formerly by the
sovereigns of the Netherlands—two of which fairs lasted each time
six weeks—whither merchants resorted from all parts of Christendom
with their merchandise, custom free. At these fairs vast concerns
were managed, not only in merchandise, but in bills of exchange
with all parts of Europe.
 II. It had become the entrepot of the commerce between the
southern and northern ports of Europe, and especially of the
Portuguese merchants. This drew the German and other merchants
to settle there; and the merchants of Bruges largely removed thither
after the Archduke Maximilian had (about 1499) reduced their city.
The fairs were aided by, and themselves aided, this development.
ENGLAND
 CHAPTER II.
ORIGIN AND LAWS—ENGLAND.
In the preceding survey I have intentionally omitted any mention of
England. Historians of the ordinary type have thought it beneath
their dignity to refer to anything so common-place as fairs. The real
mainsprings of our commerce seem in fact very generally to have
escaped them. The greatest commercial nation of the world has
found no historian willing to record the true causes of its greatness.
The intrigues of sovereigns, the machinations of ecclesiastics; the
trickeries of statesmen and diplomatists, have alone commanded
their attention and absorbed their limited energies. The Statute-
book, the one great storehouse of our national history, has escaped
their observation. I propose to devote a special chapter to the origin
and development of fairs in England.
It has been claimed that the Anglo-Saxons founded alike fairs and
markets in England. To Alfred the Great the honour is usually
assigned. I have no doubt whatever that the Romans first introduced
the practice of holding markets and fairs in England. I find very
distinct traces of fairs of Roman origin at Helston (Cornwall), at
Barnwell (by Cambridge), at Newcastle-upon-Tyne, and at several
places along the line of the Roman wall in Northumberland. But
assuming that the institutions of the country were largely recast
during the Anglo-Saxon period, we may take note of the supposed
re-institution of markets and fairs in the ninth century. The tithings
held their sittings in their tithing or free-borough once a week, and
many people coming thither to have their matters adjudicated upon,
brought also their garden produce, corn, beasts, and id genus omne,
for sale: because there they could meet one another, and buy and
sell as their needs required, hence the commencement of a market
weekly. From the Courts just mentioned there lay an appeal, if either
plaintiff or defendant were not satisfied, to a County Court, held
about Easter and Michaelmas, and over these a bishop and
ealderman presided. To this superior Court also came numbers who,
at the various intermediate Court-leets were not satisfied. And as
large numbers came together, a greater and better opportunity was
afforded for selling their wares and goods, corn, beasts, stuffs,
linens. “In this we can trace the origin of fairs, which were generally
held twice a year, on or about the times mentioned.” This is the
dictum of Mr. G. Lambert, F.S.A., in a paper read before the London
and Middlesex Archæological Society in 1880, the substance of
which is published in the “Antiquary,” ii., pp. 102-3. The fairs here
are seen to be purely secular institutions.
It was by the Normans that the fairs of England were moulded
into the shape with which we are most familiar. The Norman kings
placed themselves largely under the influence of the Papal throne;
and it was to the Church, or in the interest of the Church, that nearly
all fairs were granted after the Norman Conquest in the eleventh
century. It was under John, early in the thirteenth century, that the
power of the Church became most pronounced in England, and it is
during this reign that most of the existing charters of fairs date.
Trying to harmonize these somewhat conflicting views, it may be
supposed that some of our fairs at least were established during the
Roman occupation. These were probably largely added to during the
Anglo-Saxon period. The Normans admittedly encouraged fairs in the
interest of the Church. The fairs of the first and second category
were mostly fairs established by prescription, the latter were chiefly
established by charter. But in the course of centuries the identity of
origin becomes lost. Shepheard, in his “Corporations, Fraternities,
and Guilds” (published 1659), says: “It is very usual in these
Charters to confirm the old markets and fairs, and to grant new
markets and Fairs. Or to change the dayes of the old markets or
Fairs. And to grant to the Corporation the Py-powder Court and
Incidents and profits of the Fair.” (P. 69.)
I am disposed to believe that many of the early fairs associated
with religious observances and ceremonies, were in their inception
fairs of prescription only: that is to say, fairs which took their origin
in passing events, without any special authority, and that upon later
occasions charters were obtained. Bailey says that in ancient times
amongst Christians, upon any extraordinary solemnity, particularly
the anniversary dedication of a church, tradesmen used to bring and
sell their wares even in the churchyards, especially upon the festival
of the dedication; as at Westminster, on St. Peter’s Day; at London,
on St. Bartholomew’s; at Durham, on St. Cuthbert’s Day, &c.; but
riots and disturbances often happening, by reason of the numbers
assembled together, privileges were by royal charter granted, for
various causes, to particular places, towns, and places of strength,
where magistrates presided, to keep the people in order. (“Pop.
Antiq.,” Brand.)
Blackstone says:—Fairs and markets, with the tolls belonging to
them, can only be set up by virtue of the royal grant, or by long and
immemorial usage and prescription, which presupposes such a
grant. The limitation of these public resorts to such time and such
place as may be most convenient for the neighbourhood forms a
part of economics, or domestic polity, which, considering the
kingdom as a large family, and the sovereign as the master of it, he
clearly has a right to dispose and order as he pleases.
Again, a man may have a right to hold a fair or market, or to keep
a boat for the ferrying of passengers; and this either by royal grant
or by prescription, from which a royal grant may be presumed to
have been at some time conferred. But (unless under an Act of
Parliament) no other title than these will suffice; for no fair, market,
or ferry can be lawfully set up without license from the Crown. On
the other hand, a man may, under such titles, lawfully claim to be
lord of a fair or market, though he be not the owner of the soil on
which it is held.
The right to take toll is usually (though not necessarily) a part of
the privilege; and the tolls of a fair or market are due either in
respect of goods sold there (that is, from the seller, not the buyer),
or for stallage or pickage, or the like, in respect of stalls or polls
fixed in the soil.
I have seen it stated that before the granting of a fair it was
customary to issue a writ of ad quod damnum, to inquire whether
the grant would be prejudicial to any; but I doubt if the practice was
at all general.
If I am entitled to hold a fair or market, and another person sets
up a fair or market so near mine that he does me a prejudice, it is a
nuisance to the freehold which I have in my market or fair. But in
order to make this out to be a nuisance it is necessary (1) That my
market or fair be the elder, otherwise the nuisance lies at my own
door. (2) That the market be erected within the third part of twenty
miles from mine. Sir M. Hale construes the dieta or reasonable day’s
journey mentioned by Bracton, to be twenty miles; as, indeed, it is
usually understood, not only in our own law, but also in the civil law,
from which we probably borrowed it. So that if the new fair or
market be not within seven miles of the old one, it is no nuisance;
for it is held reasonable that every man should have a market within
one-third of a day’s journey from his own home; that the day being
divided into three parts, he may spend one part in going, another in
returning, and the third in transacting his necessary business there.
If such market or fair be on the same day with mine, it is primâ facie
a nuisance to mine, and there needs no proof of it, but the law will
intend it to be so; but if any other day it may be a nuisance; but of
this there must be proof.
The statute of Gloucester (1278) conferred the right of inquiring
into the title of all who claimed rights usually exercised by the
Crown. Where such rights were questioned, the judicial process of
quo warranto was set in motion. One of the principal matters about
which inquisition was frequently made under this statute was the
right of holding markets and fairs. This right could (as we have
seen) only be conferred by royal grant, where prescription could not
be pleaded. In many cases it had been assumed by those who had
bought land on which fairs had usually been held, and who were
then taking tolls from merchants which should in justice have gone
to the King. Much curious information was obtained by means of the
inquisitions conducted under this Act. This was originally recorded in
the Hundred Rolls, and it is made free use of in this work.
It has been asserted that it is not in the King’s power to resume a
franchise that has been once granted: so that a fair once authorized
by royal grant, is, by the common law of England, good against the
King. I have found no case wherein this principle is declared; but
there is an instance which points in a contrary direction: for in 1446-
7 (25 Hen. VI.) it was enacted “that all grants of franchises, markets,
fairs, and other liberties to buy or to sell within the towns of North
Wales made to any Welshman before this time, shall be void and of
no effect.” Here it was parliament, not the King, revoking the grants.
For further legislation regarding Welsh Fairs, see Chapter V., anno
1534.
Brady (in his famous work on “Boroughs”) seemed to be of
opinion that every free borough had the privilege of a market and
fair, with free right to come and go thereto and therefrom, as of
course (p. 33, ed. 1777). But I discover no such inherent right, and
where this privilege is sustained it has usually been included in one
of its early charters. Certainly the converse is not the case: that is to
say, it was in no way customary that fairs should be limited to
boroughs free or otherwise. Many were, indeed, granted to small
towns, frequently to lords of manors, and commonly to religious
houses; and in various cases to individuals.
In the next chapter I shall examine more in detail the regulations
upon our statute rolls regarding fairs.
 CHAPTER III.
EARLY REGULATIONS AFFECTING FAIRS—
ENGLAND.
It has been attributed to Alfred the Great that amongst the many
wise and beneficial measures he took for the advancement of this
kingdom, was the establishment of fairs and markets. I have already
shown that this is not quite so; but certain it is that the first general
measures for the regulation of commerce in England, are dated back
to his reign. Hence it was then provided that alien merchants should
come only to the “four fairs,” and should not remain in England more
than forty days. This was in the latter half of the ninth century. But I
have already shown that fairs were held in other parts of Europe,
and in Asia, centuries earlier than this date. The point of importance
in the regulation of Alfred is that foreign merchants were permitted
by royal authority to attend these English fairs.
King Ethelred II. (end of tenth and commencement of eleventh
centuries) proclaimed that the ships of merchants, or of enemies
from the high seas, coming with goods into any port should be at
peace. The principle here enunciated, of commerce being deemed
an act of peace, is believed to be of high antiquity in Great Britain;
but whether it originated here is by no means clear, nor is it material
to determine. At later periods the practice has not been continuously
upheld.
Henry I. granted to the citizens of London (inter alia) that they
should be free throughout England and the sea ports from toll,
passage through towns, ports, gates, and bridges; and lestage, or a
toll paid for freedom to sell at Fairs.
Magna Charta (1215).—The demand of the Barons presented to
King John embodied the following: “That merchants shall have
safety to go and come, buy and sell, without any evil tolls, but by
antient and honest customs.” In the completed Charter the actual
grant took the following shape:
All merchants shall have safety and security in coming into
England and going out of England, and in staying and in travelling
through England, as well by land as by water, to buy and sell without
any unjust exactions, according to ancient and right customs,
excepting in time of war, and if they be of a country at war against
us: and if such are found in our land at the beginning of a war, they
shall be apprehended without injury of their bodies and goods until
it be known to us, or to our Chief Justiciary, how the merchants of
our country are treated who are found in the country at war against
us; if ours be in safety there, the others shall be in safety in our
land.
The doctrine of international reciprocity is here very clearly stated.
Macpherson (“Annals of Commerce”) is of opinion, after an
examination of the trading of the chief commercial ports of Great
Britain, that by the middle of the twelfth century (a.d. 1156) “the
foreign trade was almost entirely conducted by foreign merchants;”
indeed he declared it to be “evidently” so. I expect to be able to
show that the great centres of trade at this period were the fairs
held in various parts of the kingdom. The case of Sturbridge Fair
(Cambridge) is a remarkable instance.
1216.—The first Great Charter of Henry III. confirmed the
provisions of Magna Charta as to merchants, except in the case of
those who had been before publicly prohibited. The privileges thus
accorded to foreign merchants were seven. (1) To come into
England (2) To depart thereout (3) To remain (4) To travel by land or
water (5) To buy and sell (6) To be free of evil tolls[3] (7) To enjoy
the ancient customs. This last was of material consequence, and
implied privileges not common to ordinary persons. The promise of
freedom from “evil tolls” hardly less so, as will hereafter appear.