F A I 
166 F A I 
fioned by the refort of people to the feaft of Dedication ; 
and therefore in molt places the fairs, by old cuftom, are 
Oil the fame day with the wake or fcitival of that faint to 
whom the church was dedicated; and for the fame reafon 
they were kept in the church-yard, till reftrained by flat. 
13 Edw. I. ft. 2. c.6. The court of pie-powder is inci¬ 
dent to every fair, See. By flat. 2 Edw. ITI. c. 15, fairs 
are not to be kept longer than they ought by the lords 
thereof, on pain of their being l'eized into the king’s 
hands, until fuch lords li3ve paid a fine for the offence ; 
and proclamation is to be made how long fairs are to 
continue. By flat. 5 Edw. I II. c. 5, no merchant firal 1 
fell any goods or merchandife at a fair after tire time of 
the fair is ended, under the penalty of forfeiting double 
the valpe of the goods fold, one-fourth part thereof to the 
profecutor, and the reft to the king. Any citizen of Lon¬ 
don may carry his goods or merchandife to any fair or 
market in England at his pleafure, by fiat. 3 Hen. VII. 
c. 9. And it is the prerogative of every chartered fair, 
by flat. 17 Edw. IV. c. 2, that no perfon fhall be arrefted 
therein, except for a debt contracted by the purchafe of 
goods and wares in tire fame.—See Court of Piepow¬ 
ders, vol. v. p. 305. 
It feems clearly agreed, that if a perfon hath a right to 
a fair or market, and another ercCts a fair or market fo 
near his, that it becomes a nuifance to his fair, See. that 
for this detriment and injury done to him, an action on 
the cafe lies; for it is implied in the king’s grant, that it 
Ihould be no prejudice to another. 2 Rol. Air. 140. Alfo, 
although the new market be held on a different day, yet 
an aCtion on the cafe lies ; for this, by foreftalllng the an¬ 
cient market, may be a greater injury to the owner than if 
held on the lame day with his. See the article Market. 
It a man hath a fair or market, and a ftranger difturbs 
thofe who are coming to buy or fell there, by which he 
lofes his toll, or receives foine prejudice in the profits 
ariling from his fair, &c. an aCtion on the cafe lies. So 
if upon a fale in a fair a ftranger difturbs the lord in taking 
the toll, an aCtion upon the cafe lies for this. 1 Rol. Abr. 
306. The king is the foie judge where fairs and markets 
ought to be kept; and therefore it is faid, that if he 
grants a market to be kept in fuch a place, which hap¬ 
pens not to be convenient for the country, yet the iub- 
jects can go to no other; and if they do, the owner of 
rlie foil where they meet is liable to an action at the fuit 
of the grantee of the market. 3 Mod. 123. But if no 
piace be limited for keeping a fair by the king’s grant, 
the grantees may keep it where they pleafe, or rather 
v.'here they can mod conveniently ; and if it be fo limited, 
they may keep it in rvhat part of fuch place they will. 
2, Mod. io 3 . 
Owners and governors of fairs are to take care that 
every thing be fold according to juft weight and meafure ; 
for that and oriier purpofes they may appoint a clerk of 
the fair or market, who is to mark and allow all fuch 
weights, and for his duty herein can only take his realon- 
able and juft tees. 1 Salk. 327. Fairs and markets are 
fuch franchifes as may be forfeited; as if the owners of 
tbejn hold them contrary to their charter, as by continu¬ 
ing them a longer time than the charter admits, by dif- 
jifer, and by extorting fees and duties where none are due, 
or more than are juftly due. 2 Infi. 220. As to their in- 
tereft, it arifes chiefly from tolls. Toll payable at a fair 
.or market is,a reafonable fum of money due to the owner 
pt tli' 1 fair or market, upon fale of things tollable within 
the fair or market, of for ftaliage, pickage, or the- like. 
■z Jon. 3.0,7. hut this is not incident to a fair or market 
'without ipecial grant; for where it is not granted, fuch 
a lair or market is accounted a free fair or market. Cro, 
: £iiz_. 559. , 
Toll is a matter of private benefit to the owner of the 
fair or market, and not incident to them ; therefore if the 
king grants a fair or marker, and grants, no toll, the pa¬ 
tentee can have none, and, fuch fair or market is counted 
free. Cro. Liu. 558, Alfo if the king, at the tune he 
grants a fair or market, grants a toll, and the fame is out¬ 
rageous and exceflive, the grant of the toll is void, and 
the fame becomes free. 2 Injl. 220. 2 Lutio. 1336. But 
tire king, after he grants a fair or market, may grant that 
the patentee may have a reafonable toll ; but this nruft 
be in confideration of fome benefit' accruing from it to 
thofe who trade and merchandife in fuch fair or market. 
2 Injl. 22i.. No toll ftiall be paid for any thing brought 
to the fair or market, before the fame is fold, unlefs it 
be by cuftom time out of mind, and upon fuch fale the 
toll is to be paid by the buyer; and therefore iord Coke 
fays, that a fair or market by prefeription is better than 
one by grant, nlnjl. 221. 
The king himfelf (hall not pay toll for any of his goods ; 
and if any be taken, it is puniihable by ftat.Weftm. 1. c. 31. 
So tenants in ancient demefne are free and quit from all 
manner of tolls in fairs and markets, whether fuch tenants 
hold in fee, or for life, years, or at will. 4 Injl. 269. But 
this privilege does not extend to him who is a merchant, 
and gets his living by buying and felling, but is annexed 
to the perfon in refpeCt of the land, and to thofe things 
which grow and are the produce of the land. Cro.Eliz. 227. 
Owners of fairs and markets are to appoint toll-takers or 
book-keepers, on pain of 40s. and they (hall enter and give 
account of horfes fold, by flat. 1 and 2 Phil. Sc Mary, c. 7. 
In China they hold their principal fairs on the rivers ; 
and though, according to Mr. Hamilton’s 1 account, there 
may be ten thoufand veftels aftembled at a fair, yet there 
is as good order and decorum kept as in a well-governed 
city. All fhips and boats which have tire fame fpecies 
of goods are moored together, in certain ftations on the 
river-fide allotted for them by proper magiftrates; and at 
niglu watches are let to prevent thieving and disorder, 
and offenders are feverely punifhed without refpeet of 
perfons. Thefe fairs continue for many days together, and 
are held in (he mod favourable feafons of the year, on 
fixed and invariable days ; for they have no Sunday. See 
the article China, vol. iv. p. 457. 
“ To come a day after the Fair.” —The Latins fay, 
Pojl fejlum venire. The Greeks, Karoiriv rn; sop tjk ■'Jkek- 
The French, Venir apres la fete. The Italians, Venire alio 
fcorcio della fiera. This proverb is ufualiy fpoken of thofe 
indolent perfons who come too late to partake of a thing 
they had in view ; or to thofe who complain of a thing 
when it is part remedy. 
FAIR-FACED, adj. Having a fair appearance.—And 
I (hall (hew you peace and fair fac’d\esguz. Shake]"peart. 
FAIR ISLE, a (mail ifland lying between Orkney and 
Shetland, in Scotland, three miles iong, and about half 
a mile broad, very craggy, with three lofty rocks, vifibie 
both from Orkney and Shetland. The duke of Medina 
Sidonia, when commander of the famous Spanilh armada 
in 1588, was wrecked on the eaft coaft of this ifland. 
FAIR MAIDS of KENT. See Ranunculus. 
FAIR'BURN WATER. Fairburn is in the county 
of Rofs, in Scotland, about two miles from (he Caftle- 
Leod well. It is a ftrong fulphureous water, fomething 
of the fame nature, but not (o powerful; a gallon, cn 
’evaporation, yielded, of abforbent, dark-coloured, light 
earth, two grains ; of white calcareous earth, fifteen ; of 
Glauber’s fait, mixed with yellow matter, &c. twenty- 
four grains ; but no felenites. It is a fed, fays pro fell or 
Monro, for the fame purpofes as Caftle-Leod waters, bur 
not fo much frequented. 
FAIR'FAX (Edward), a writer in Englifti verfifica- 
tion, fon of (ir Thomas Fairfax, of Denton, in Yorki'hire. 
He appears to have enjoyed a liberal education, and his 
acquirements fufficientiy prove that he devoted much 
time and attention to literary purfuits. He is faid to have 
been ufeful to his brother, lord Fairfax, in the education 
of his children and the management of his affairs. From 
his work O11 Detn. nology, it appears that he was at¬ 
tached to the doCtrine of the church of England. He is 
faid to have terminated his life about 1632. The work 
by which Fairfax is bed known, is a tranflation of Talfo’s 
Godlrey 
