with a Court of Pipowders, and with all the liberties and free customs to such fairs ap pertaining, 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 Eng land." These fairs were to be held four days in the spring and four in the autumn; and as the towns were no great distance apart, different times were selected so as to permit traders to attend all of them. Any persons, whether strangers or inhabitants of the province, were permitted free attend ance, and they were accorded some very remarkable privileges during the fair. One special provision was that " no person during the time of holding and keeping the said fairs shall be liable to be taken at the said fairs by virtue of any process, except for treason, felony, or other capital crime, or breach of the peace, but shall be freed and discharged of the same if taken and arrested at the said fairs, by the justices or judges of such courts out of which the process issued." In some cases this indulgence was extended so as to cover the twenty-four hours preced ing, and the twenty-four succeeding, the fair, thus allowing traders time to reach the market and to return home without being disturbed. It is easy to see how this indul gence would make the fairs a resort for rogues of every description. The fair itself, however, was not nearly so interesting an institution as the " Court of Pipowders " which accompanied it. This court, which was one of the most ancient in the realm, had long since been but a tradi tion in England. As the name is derived from the French, it is probable that, as an institution, it was brought over by the Normans. The early form of the word — "Piepoudre" — indicates the meaning "dusty-footed," so called, says Sir Edward Coke, because justice was done there as speedily as dust could fall from the foot. Barrington, a later commentator, however, derives it from " pied puldreaux," an old French term for pedlers, signifying the
court to which such petty chapmen resorted. The Court of Pipowders was a regular court of record, of which the manager of the fair was the judge. In England, as in South Carolina, it was the lowest existing civil court. Its jurisdiction extended to all cases of commercial injuries committed at the fair with which it was connected, and at no other; and every cause must be complained of, heard, and decided during the holding of the fair, as the existence of the court ceased as soon as the market was closed. Thus, far on in the eighteenth century, the old Court of Pipowders, which had been almost forgotten in England, was revived in South Carolina, and actively invoked by petty litigants from every part of the Pro vince. According to the old English custom, it was presided over by the man agers of the fair, and they were " authorized and impowered to have and hold a Court of Pipowders, together with all the liberty and free custom to such appertaining, and that they and every one of them may have and hold there, at their, and every of their, respective courts, from day to day, and hour to hour, from time to time, upon all occasions, plaints and pleas of a Court of Pipowders, together with all summons, attachments, arrests, issues, fines, redemp tions, and commodities, and other rights whatsoever to the same Court of Pipowders appertaining without any impediment, let, or hindrance whatsoever." One feature of* the old English Pipowder Court was omitted, however, that being the right of the clerk of the market to sit in judgment on criminal causes that might arise during the fair. In England this
custom arose from the Bishop appointing a
clerk to act as his deputy, and punish those who might be detected using false weights and measures. From time to time the power of the clerk was increased, until his jurisdiction extended to all petty crimes committed at the fair. As there was no bishop in South Carolina, of course there was no foundation tor the existence of this office.
