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Court of Piepowders


A Court of Piepowders was a special tribunal in England organized 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".

A Piepowder Court was held in front of the mayor and bailiffs of the borough (or the steward, if the market or fair was held by a lord). The number of justiciars 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 defendant could not pay the decided amount, his property could be seized, appraised, and sold to cover the costs.


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