MAR 
MAR'KAN, or Mark'han, a town of Grand Buk- 
liaria : feventy miles north-weft of Balk. 
MAR'KARYD, a town of Sweden, in <he province of 
Smaland : forty miles fouth-weft of Wexio. 
MAR'KAY, a town of Sweden, in t,he province of 
Smaland : fifty miles fouth-weft of Wexio. 
MARK'DORF, or March'dorf, a town of the duchy 
of Baden : nine miles north-eaft of Conltance, and eleven 
fouth-weft of Ravenfpurg. Lat. 47. 45. N. Ion. 9. 22. E. 
MAR'KEN, a fmall ifland on the weft fide of the Zuy- 
der See, near the coaft of Holland : two miles eaft of the 
town of Monikedam. 
MAR'KER, f. One that puts a mark on any thing.— 
One that notes, or takes notice.—Mathematicians are the 
fame thing to mechanics, as markers at tennis-courts are to 
gamefters. Butler's Charaflers. 
MAR'KERSDORF, a town of Saxony, in the circle of 
Neuftadt : fix miles eaft of Weyda. 
M AR'KESDORF, a town of Bohemia, in the circle of 
Leitmeritz : four miles fouth of Kamnitz. 
MAR'KET, f [anciently written mercat, from mercatiu, 
Lat.] A public time, and appointed place, of buying and 
felling.—If one bufhel of wheat and two of barley will, in 
the market , be taken one for another, they are of e.qual 
worth. Locke. 
Miltrefs, know yourfelf, down on your knees, 
And thank Heav’n, falling, for a good man’s love : 
For I mull tell you friendly in your ear, 
Sell when you can, you are not for all markets. Shakefpeare. 
Purchafe and dale.—With another year’s continuance of 
the war, there will hardly be money left in this kingdom to 
turn the common markets, or pay rents. ‘Temple. 
The precious weight 
Of pepper and Sabaean incenfe take, 
And wdth polt-halle thy running market make : 
Be fure to turn the penny. Dryden's Perftus. 
Rate; price; [ marche , Fr.] 
’Twas then old foldiers, cover’d o’er with fears. 
Thought all paft fervices rewarded well. 
If to their Ibare at lead two acres fell, 
Their country’s frugal bounty; fo of old 
Was blood and life at a low market lold. Dry den. 
The market, or forum , in the cities of antiquity, was 
very different from the markets in -our Englilh towns, 
•where flelh-meat, &c, is ufually fold. When we read, 
Acts xvii. 17. of the apoftle Paul difputing with philo- 
fophers in the market at Athens, vve are tempted to wonder 
what kind of philosophers thefe market-folks could be, 
or why the difputants could not engage in a place fitter for 
the inveftigation and difeuftion of abftrufe and difficult 
fubjects. So, when Paul and Silas, having expelled the 
pythonic fpirit, Afts xvi. 19. were drawn to the market¬ 
place, and accufed before the rulers and magiftrates, we 
are not aware of the fitnefs of the market-place for fuel) a 
tribunal. But thole converfant with the manners of an¬ 
tiquity know, that the forum ufually was a public market 
on one fide only, or during one part of the day only ; and 
that temples, theatres, courts of juftice, and other public 
buildings, occupied the other fides of the area. In ftiort, 
the forums were fumptuous fquares, furrounded by deco* 
Tations of various kinds. Here the philofophers met; here 
laws were promulgated ; and here devotions, as well as 
amufements, occupied the populace. The neareft ap¬ 
proach to an ancient forum, that we can recoiled! in Eng¬ 
land, is Covent-garden market; where we have the market 
in the middle, a church at one end, a theatre at one cor¬ 
ner, and a fitting magiltrate clofe adjacent; if we add a 
fchool for philofophicul inftruttion, or for divinity-lec¬ 
tures, we have pretty nearly the compoiition of an ancient 
forum, or market-place. This removes entirely the Teem¬ 
ing incongruity between difeourfes and deputations on 
the principles of Theology and Christianity, and thofe 
avocations which we ufually affign to a market-place. 
Vol. XIV. No. 981. 
MAR 373 
On the fame principle, when the Pharifees loved faluta- 
tions in the market-places, Mark xii. 38. it was not merely 
from the country-people, who brought their prodactions 
for fale ; but, as they wilhed to be admired by. religious 
people at the fynagogues, temples, &c. fo they did to be 
faluted by perfotis of confequence, judges, magiftrates, 
dignitaries of various kinds, in the forum, in order to keep 
up their importance in the eyes of the people, and to 
maintain their influence over them, &c. &c. Calmet's DiEl. 
of the Bible, 
With us, the eflablifhment of public marts, or places 
of buying and felling, fuch as markets and fairs, with the 
tolls thereunto belonging, is enumerated by Blackltoneas 
one of the king’s prerogatives. Thefe can only be let up 
by virtue of the king’s grant, or by long and immemorial 
ufage and prefeription, which prefuppofes fuch a grant. 
2 Injl. 220. 
If any perfon fet up a fair or market fo near mine that 
he does me a prejudice, it is a nuifance to the freehold 
which I have in my market or fair*; but, in order to its 
being a nuifance, it is neceffary, 1. That my market or 
fair be the elder, otherwife the nuifance lies at my own 
door. 2. That the market be erefted within the third 
parr of twenty miles from mine. For fir Matthew Hale 
conftrues th z dicta, or reafonable day’s journey, mentioned 
by Bratton, to be twenty miles ; as it is ufually under- 
ftood, not only in our own law, (2 Inft. 567,) but alfo in. 
the civil, (Ff. 2. n. 1.) from which we probably bor¬ 
rowed it. So that, if the new market be not within fevera 
miles of the old one, it is no nuifance ; for it is held rea¬ 
fonable, that tvery man fltould 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 fpend one part 
in going, another in returning, and the third in tranfact- 
ing his neceffary bufinefs there. If fuch market or fair be 
on the fame day with mine, it is, prima facie, a nuifance to 
mine, and there needs no proof of it, but the law will in¬ 
tend it to be fo ; but, if it be on any other day, it may be 
a nuifance ; though whether it is fo or not cannot be in¬ 
tended or prefumed, but I mult make proof of it to the 
jury. Blackjl. Com. book iii. See Fair, vol. vii. p. 166. 
In former times, it was cullomary to have molt fairs 
and markets kept on Sundays, and in the church-yard, 
fo that matters of bufinefs and devotion were tranfaCtecl 
all at the fame place and time ; which cultom, though 
prohibited by feveral kings, particularly 13 Ed. I. flat. 2. 
c. 6. was yet kept up till the reign of king Henry VI. 
when it was effectually fuppreffed, 27 Hen. VI. c. 5. In 
many places they are (till, kept in the church-yard. 
The general rule of law is, that all lhles and contracts 
of any thing vendible in fairs or markets overt (that is, 
open) (hail not only be good between the parties, butallb 
binding on all thofe that have any right or property 
therein. 2 Inft. 713. And for thispurpofe, the Mirror fays, 
tolls were eltabliflied, viz. “ to teltify the making of con- 
traits.” Market overt in the country is only held on the 
fpecial days provided for in particular towns by charter 
or prefeription ; but in London every day except Sunday 
is market-day. Cro. Jac. 68. The market-place, or fpot 
of ground let apart by cultqm for the Fale of particular 
goods, is alfo in the country the only market overt. But 
in London every (hop in which goods are expofed pub¬ 
licly to fale, is market overt ; i. e. for fuch things only as 
the owner profeffes to trade in. 5 Rep. 83. But, if goods 
are ltolen from one, and fold out of market overt, the 
property is not altered, and the owner may take them 
wherever he finds them. And it is exprefsly provided by 
flat. 1 Jac. I. c. 21, that the fale of any goods, wrongfully 
taken to any pawnbroker in London, or within two miles 
thereof, Ihall not alter the property. And even in market 
overt, if the goods be the proper f y of the king, fuch fale, 
though regular in all other refpeCts, will in no cafe bind 
him. If the buyer knoweth the property not to be in the 
feller, or there be any other fraud in the tranlaiftjpn ; if 
h? knoweth the feller to be an infant, or feme-covert not 
&- G ufually 
