Court of Piepowders
Encyclopedia
A Court of Piepowders was a special tribunal
in England
organised by a borough
on the occasion of a fair
or market
. These courts had unlimited jurisdiction over personal actions for events taking place in the market, including disputes between merchants, theft, and acts of violence. In the Middle Ages
, there were many hundreds of such courts, and a small number continued to exist even into modern times. Sir William Blackstone
's Commentaries on the Laws of England
in 1768 described them as "the lowest, and at the same time the most expeditious, court of justice known to the law of England".
and bailiff
s of the borough (or the steward
, if the market or fair was held by a lord). The number of justiciar
s often varied but was usually limited to three or four men. Punishments typically included fines and the possibility of being held in a pillory
or being drawn in a tumbrel
(a two-wheeled cart) in order to humiliate the offender. More serious crimes would often be reserved for the royal justices, but sometimes the jurisdiction was still held by the Piepowder Court.
When the time came for the trial, both parties would be summoned; typically, the defendants would be summoned an hour earlier. Here, the burden of proof was on the plaintiff with documents and witnesses often being provided as evidence. After the plaintiff made his case, the defendant then had the right to respond to the accusation and counter with evidence of his own. This method of proof was actually rather advanced for its time. When it came to evidence in other European courts, things such as compurgation
(taking an oath over your stance and getting around twelve others to swear that they believe you) were still used in many cases.
Trials at courts of Piepowders were short, quick and informal. In 12th century England and Scotland, a decision had to be made within a day and a half (before the third tide) of the accusation. If the court ruled against the defendant and the latter could not pay the decided amount, his property could be seized, appraised, and sold to cover the costs.
.
The last "active" Court of Piepowders, at the Stag and Hounds Public House
in Bristol
, was abolished by the Courts Act 1971
. It had not actually sat since 1870, but a proclamation was still read in the marketplace each year. All other courts had their jurisdiction removed by the Administration of Justice Act 1977, though they may technically continue to exist even in the absence of officers, cases, or premises.
). In the past, variations included "pipoulder" in the sixteenth century, "pepowder" in the fifteenth, and "pipoudre" in the fourteenth. "Piepowder" is a modern respelling of the term based on more familiar English words. Originally, it referred to the dusty feet (in French, pieds poudrés) of travellers and vagabonds, and was only later applied to the courts who might have dealings with such people. Also, since the members of courts of "piepowder", weren't sitting on a bench, but walking around in fairs, they would often get their feet dusty. This can be another explanation of the name, that is given by some common law history teachers. In modern French, the word pied-poudreux is still occasionally used for travelling beggars; it occurs, for example, in the works of Victor Hugo
. Another literary reference is Ben Jonson
's Bartholomew Fair, in which Justice Adam Overdo patrols the fair in disguise, saying (Act 2, Scene 1):
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
organised by a borough
Borough
A borough is an administrative division in various countries. In principle, the term borough designates a self-governing township although, in practice, official use of the term varies widely....
on the occasion of a fair
Fair
A fair or fayre is a gathering of people to display or trade produce or other goods, to parade or display animals and often to enjoy associated carnival or funfair entertainment. It is normally of the essence of a fair that it is temporary; some last only an afternoon while others may ten weeks. ...
or market
Market
A market is one of many varieties of systems, institutions, procedures, social relations and infrastructures whereby parties engage in exchange. While parties may exchange goods and services by barter, most markets rely on sellers offering their goods or services in exchange for money from buyers...
. These courts had unlimited jurisdiction over personal actions for events taking place in the market, including disputes between merchants, theft, and acts of violence. In the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
, there were many hundreds of such courts, and a small number continued to exist even into modern times. Sir William Blackstone
William Blackstone
Sir William Blackstone KC SL was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke...
's Commentaries on the Laws of England
Commentaries on the Laws of England
The Commentaries on the Laws of England are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1769...
in 1768 described them as "the lowest, and at the same time the most expeditious, court of justice known to the law of England".
Trial and procedure
A Piepowder Court was held in front of the mayorMayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
and bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
s of the borough (or the steward
Steward (office)
A steward is an official who is appointed by the legal ruling monarch to represent him or her in a country, and may have a mandate to govern it in his or her name; in the latter case, it roughly corresponds with the position of governor or deputy...
, if the market or fair was held by a lord). The number of justiciar
Justiciar
In medieval England and Ireland the Chief Justiciar was roughly equivalent to a modern Prime Minister as the monarch's chief minister. Similar positions existed on the Continent, particularly in Norman Italy. The term is the English form of the medieval Latin justiciarius or justitiarius In...
s often varied but was usually limited to three or four men. Punishments typically included fines and the possibility of being held in a pillory
Pillory
The pillory was a device made of a wooden or metal framework erected on a post, with holes for securing the head and hands, formerly used for punishment by public humiliation and often further physical abuse, sometimes lethal...
or being drawn in a tumbrel
Tumbrel
A tumbrel , is a two-wheeled cart or wagon typically designed to be hauled by a single horse or ox. Their original use was for agricultural work in particular they were associated with carrying manure. Their most notable use was taking prisoners to the guillotine during the French Revolution. They...
(a two-wheeled cart) in order to humiliate the offender. More serious crimes would often be reserved for the royal justices, but sometimes the jurisdiction was still held by the Piepowder Court.
When the time came for the trial, both parties would be summoned; typically, the defendants would be summoned an hour earlier. Here, the burden of proof was on the plaintiff with documents and witnesses often being provided as evidence. After the plaintiff made his case, the defendant then had the right to respond to the accusation and counter with evidence of his own. This method of proof was actually rather advanced for its time. When it came to evidence in other European courts, things such as compurgation
Compurgation
Compurgation, also called wager of law, is a defence used primarily in medieval law. A defendant could establish his innocence or nonliability by taking an oath and by getting a required number of persons, typically twelve, to swear they believed the defendant's oath.Compurgation was found in...
(taking an oath over your stance and getting around twelve others to swear that they believe you) were still used in many cases.
Trials at courts of Piepowders were short, quick and informal. In 12th century England and Scotland, a decision had to be made within a day and a half (before the third tide) of the accusation. If the court ruled against the defendant and the latter could not pay the decided amount, his property could be seized, appraised, and sold to cover the costs.
Decline
Courts of Piepowders existed because of the necessity for speedy justice over people who were not permanent residents of the place where the market was held. By the seventeenth century, most of their powers had effectively been transferred to the regular court system, for practical reasons rather than as a result of legislation, the standard district courts being well-established. The most recent sitting of a Piepowder Court was in 1898, in Hemel HempsteadHemel Hempstead
Hemel Hempstead is a town in Hertfordshire in the East of England, to the north west of London and part of the Greater London Urban Area. The population at the 2001 Census was 81,143 ....
.
The last "active" Court of Piepowders, at the Stag and Hounds Public House
Stag and Hounds Public House
The Stag and Hounds Public House is on Old Market Street, Old Market, Bristol.It was built originally in 1483, probably as a private house. However the current building is predominantly from the early 18th century, when it was a Public house and it has been partly rebuilt in the 1960s, and...
in Bristol
Bristol
Bristol is a city, unitary authority area and ceremonial county in South West England, with an estimated population of 433,100 for the unitary authority in 2009, and a surrounding Larger Urban Zone with an estimated 1,070,000 residents in 2007...
, was abolished by the Courts Act 1971
Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom the purpose of which was to reform and modernise the courts system of England and Wales....
. It had not actually sat since 1870, but a proclamation was still read in the marketplace each year. All other courts had their jurisdiction removed by the Administration of Justice Act 1977, though they may technically continue to exist even in the absence of officers, cases, or premises.
Origin of the name
There is no one standard spelling of "piepowder": the most common variant is perhaps "pie poudre" (as in BristolBristol
Bristol is a city, unitary authority area and ceremonial county in South West England, with an estimated population of 433,100 for the unitary authority in 2009, and a surrounding Larger Urban Zone with an estimated 1,070,000 residents in 2007...
). In the past, variations included "pipoulder" in the sixteenth century, "pepowder" in the fifteenth, and "pipoudre" in the fourteenth. "Piepowder" is a modern respelling of the term based on more familiar English words. Originally, it referred to the dusty feet (in French, pieds poudrés) of travellers and vagabonds, and was only later applied to the courts who might have dealings with such people. Also, since the members of courts of "piepowder", weren't sitting on a bench, but walking around in fairs, they would often get their feet dusty. This can be another explanation of the name, that is given by some common law history teachers. In modern French, the word pied-poudreux is still occasionally used for travelling beggars; it occurs, for example, in the works of Victor Hugo
Victor Hugo
Victor-Marie Hugo was a Frenchpoet, playwright, novelist, essayist, visual artist, statesman, human rights activist and exponent of the Romantic movement in France....
. Another literary reference is Ben Jonson
Ben Jonson
Benjamin Jonson was an English Renaissance dramatist, poet and actor. A contemporary of William Shakespeare, he is best known for his satirical plays, particularly Volpone, The Alchemist, and Bartholomew Fair, which are considered his best, and his lyric poems...
's Bartholomew Fair, in which Justice Adam Overdo patrols the fair in disguise, saying (Act 2, Scene 1):
- Many are the yeerly enormities
[crimes] of this Fayre, in whose Courts of Pye-pouldres I have had the honour during the three dayes sometimes to sit as Judge.