Bulstrode Goodson plaintiff against DUFFILL defendant enter Hillar James b r  rot a writ of error to reverse a judgement in a court of pypowders at  Rochester cro more Inst Ro ab in a writ of error to reverse a judgement give  in the court of pypowders at Rochester upon a bind of the plaintiff there  declare upon a bind of three hundred pound long before enter into and set  forth that the court be there hold secundum experience and by charter before  the major call unto he two citizen which bind be condition for the payment of  money to the plaintiff at his house in Rochester the defendant there plead  payment of money at the plaintiff house situate and be in Rochester the  plaintiff there reply that the money be not pay hereupon issue be join and  upon this a venire facias be award returnable before the major or his deputy  call to he two citizen upon the trial verdict and judgement be iven for the  plaintiff for the reverse of which judgement a writ of error be bring whether  the judgement thus there give be erroneous or not be the question John more  for the plaintiff that the judgement there give be erroneous and so ought to  be reverse that the process and all the proceed there be erroneous because  that this plaint there be in a court of pipowders and therefore erroneous for  the proceed there ought to have be upon present contract in the fair arise and  during the time of the fair and not upon a obligation enter into before as  this case here be this court of pipowders be a special court set up and ordain  for the sudden and speedy dispatch of matter and difference there arise and  for the speed do of justice and this in case of necessity for the sole benefit  of tradesman and merchant and for the present determination of all doubt and  question there then arise and that only upon sale and contract have in the  fair and market and during the time thereof but not for matter act and do  before or at any time after the fair or market hold but for matter bapning and  arise in full mercat or in full feria h fol to a fair a court of pipowders be  incident and by the grant of the fair this do pass and with this agree h brook  case fol plea and brook title incident plea and not to be sever from they  neither by grant nor by reservation Phil mark dyer fol plan the plaintiff in a  court of pypowders do account of a contract make in the last fair before where  no plaint be then begin nor any judgement of amerciament of the defendant then  give and this be hold a good error in both by all the justice of both bench  mich Elizabeth b r cite cook part fol in the case of the Marshalsea where hall  bring a writ of error against Jones to reverse a judgement give against he in  the court of Bulstrode er p pypowders of the market in the city of Gloucester  for that that hall have publish slanderous word of he S Mr Jones and his clerk  have by colour of his office extort and get per annum by unlawful mean for  many year together above their ordinary fee for prove of testament and grant  of administration the which judgement be reverse for two error because the  word do not concern any matter touch the market therefore the court have no  jurisdiction of it but if one slander any whidh trade in the market in any  thing which concern his trade there a action for this well lie it appear in  the court that the word be speak before the market and not during the time of  the market for as this court have no jurisdiction but in matter concern the  market so the same court have no jurisdiction for matter concern the market  unless they be act and do during the time of the market Bracton scales fol a  de shorten de recto de divc rsitate division summonitionis it be there say per  quindecin die ante they quo to be evident to withhold summons ought to be et  ankle summons form to withhold Bulstrode legitime si minus interval to hold  together to be able illigitimam to fine nisi ob causan fixed by law minus time  to cause to stand title near personas who celer to have to withhold the whole  of the laws as SUntmercatores who to hold forth the whole of the laws  pepoudrous by the statute of e capite No steward or other minister of a court  of pipowders shall hold plea upon any action at the suit of any person unless  the plaintiff or his attorney in the presence of the defendant do swear that  the contract in the declaration c be have and make during the time of the fair  and within the jurisdiction of the fair but this oath so take shall not  conclude the defendant from plead in abatement of the action and to the  jurisdiction of the court this statute by the statute of r cap be make  perpetual in this principal case here the defendant in the court at Rochester  be condemned in a action of debt for upon a bind and contract former make and  enter into and so for this cause the judgement be erroneous a second error in  the style of the court they be as be set forth to hold plea of this by  prescription and also by grant and this be impossible it can so be and to this  purpose be Collins awe Holemans case cite Elizabeth b r where a court be lie  to be hold by the major and alderman of d c by prescription and by the charter  of the queen this be assign for error and for this cause the judgement be  reverse and so here in this case the court can not be hold by both S by custom  and also by charter but it ought to have be express that the court be hold by  the one or by the other and to have set forth by which as the case here be it  do not appear by what authority they hold this court and for this cause also  the judgement be erroneous the judgement be erroneous for that the trial here  be not good the defendant hero plead payment of the money at the house of the  plaintiff and do not show that this house be within the jurisdiction of the  court also the venire facias be not good the same be make returnable in person  I well to put under deputy meum and he can here make a deputy be in a court of  pipowders and so for this cause the judgement be erroneous it be urge also by  Barker sergeant and by finch of Grayeslnn that the judgement here be erroneous  and Williamsons case cite to be Elizabeth where it be hold that a court of  pipowders have no jurisdiction at all but for small matter and for such as do  happen to arise fit the court and during the time of the fair but not before  and it be against the nature of a court of pipowders to hold plea of matter  not happen and arise in the fair and during the time of the same and in no  case of matter do before and out of the fair it appear by e fol b that a court  of pipowders ought to be hold on that day on which the same be grant to be  hold otherwise the proceed there will be erroneous the court of pipowders be  define to be curian little pouderis and this be to be curian foot pulverizati  and so the Lord chief justice Anderson do use for to define it George crook  for the defendant that the judgement be well give and be not erroneous but  ought to be affirm as touch the first error insist upon because the proceed  there be for a matter arise out of the fair these proceed be good and it may  well be so this court be call curian foot pulverizati for the speed there use  in the present dispatch of matter but in case of a prescription such a  Bulstrode er p court may very well be without a fair and this may so be from  time to time and from day today in case of a prescription and in e fol b it be  so adjudge in point of a writ of error where the error assign to reverse a  judgement give in curian foot pulverizati there allege to be hold secundum  experience the same community the error insist on be because he do not show  that the matter whereupon the action be bring be in full mercat well in full  feria it be there adjudge express that this be no error because the same be  lie to be hold secundum experience community and that so in this manner such a  court may be hold without a fair or market and that the king may well grant  such a court to be hold from day today and such a court Bulstrode may well be  hold by custom without any fair or market and this court have its name  property from the speedy dispatch of business there and so be all the  precedent Iikewi e admit that the proceed there ought for to be upon contract  there present arise and not for matter pass accord to Marioe dyer f but where  the same be hold by prescription as in this case here this do alter the case  for by prescription such a court may be hold and the jurisdiction of this may  well be extend unto all contract and bind to action of trespass and action  upon the case and to this purpose be the case between chamber plaintiff  against pert defendant hill Elizabeth where a action of trespass for a assault  and battery be bring in a court of pipowders for a assault do long before and  well maintainable as in that case it be hold as to the name of the court this  be only the style of the court for speed et pedun pulverisantium James white  plaintiff against how a Gloucestershire case a action upon the case for  slanderous word bring in a court of pipowders for word speak long before the  court be hold adjudge there for the plaintiff and affirm here in a writ of  error because the court be there lie to be hold by prescription and so it be  here lie in this principal case land to such a court so hold by prescription  such a jurisdiction in case of proceed there be give and such a court thus  hold by prescription do very much differ from the ordinary court of pipowders  and that by many circumstance this court may be thus use and hold either by  way of grant or by way of confirmation and be thus hold it differ from the  ordinary court of pipowders which be incident unto every fair as appear by h f  b h f and the same court be thus incident to a fair and that of common right  as it there appear as to the venire facias returnable in person of me well to  put under deputatem meum this be well and sufficient as to the case remember  of plymouth there the case be that such a court of pipowders be lie to be hold  by prescription or by charter not show by which it be therefore adjudge nought  because it be lie in the disjunctive to be hold by prescription or by charter  and for this cause hold not to be good and this be then affirm by Henry  Yelverton at the bar to be so adjudge be be then of counsel in the same case  and so this case now in question he be of counsel with the defendant for  affirmance of the judgement and pray affirmance of the same William justice  this court be here lie to be hold secundum experience and also by charter  before the major of Rochester call to his assistance two of the citizen where  a trial be have in a action of debt upon a bind before enter into and a  judgement there give for the plaintiff whether this judgement thus there give  in this suit be erroneous or notJs the only question here considerable first  it be very clear and not to be deny that by prescription a man may well have  and hold a court of pipowders without a fair or a market and unto this court  may well have such a jurisdiction as to hear and determine contract make long  time before and so it be express resolve in the book of e f b and the book of  entry f title debt en Gailor plea and f title account in execution plea if one  will declare upon a matter in a court of pipowders in a fair there in such a  case of necessity he ought to set forth in plead that the same be lone in full  f eria or in full mercat or his plead will not be good but it be not so to be  do in case where a man have and hold a court of pipowders by prescription in  which court they may hear and determine action upon the case for word but not  so in the ordinary court of pipowders hold in a fair the which court be only  to have continuance during the time of the fair and no long and this court be  to be hold de horan in horan and this be a court of record and the major and  the steward be Bulstrode er p judge of it and by e f b if a man in his fair  have a court of pipowders in this case the steward be Judae and no other for  there be no suitor and for a judgement give in a court oC I powders a writ of  faux judgement do not lie but a writ of Bulstrode error and with this agree e  f and where one claim to hold a court of pipowders by prescription and also by  charter if the charter be not contrary to the entry this shall be good by way  of confirmation as touch the style of the court as it be here express this be  good and sufficient set forth call to he two citizen by this they two be judge  also and this be clear as where the Lord chancellor have power to call unto he  the two chief justice by this they be make judge also it appear by h f h f  that this court of pipowders be of common right incident unto a fair with this  agree h brook case plea brook title incident plea as to the manner of the  trial have in this case clear this trial be not good the defendant here plead  payment at the plaintiff house this be no good issue no place be name front  whence the venire facias shall come for no venire facias can be from his house  but if he have here plead payment at Rochester this have be good and a good  trial may have be have upon this issue of to loosen or non to loosen at I  ojchester here be a good place from whence the venire facias may be award and  so if payment be lie to be at the new hall of the MidaleTemple he ought also  to say in parochian de saint Dunstan for the place of the venire or not good  so here in this principal case he ought to have lie the payment to have be at  Rochester at the plaintiff house there and this have be good but here the  trial be not good because the payment be lie to be at the plaintiff house the  return also of the venire facias here be not good the same be to be in person  I well to put under deputatem meum this be not good for there be no such court  for he to have a deputy as if it have be in such a case nisi such a justice of  assize prius to come per see well per to put under deputatem this be not good  so here in this case the trial be not good and so for this cause the judgement  be erroneous and for this the same ought to be reverse crook justice this  court of pipowders be of two kind either by prescription and this a absolute  jurisdiction the second to be in a fair or market and to this a court of  pipowders be incident and here two thing be requisite first this court to be  for matter arise in the fair or market and second the matter to be determine  there within and during the continuance of the fair or market and this appear  to be so by the statute of e cap r cap and this for a court of pipowders annex  unto a fair or a market but in a court of pipowders which on e have by  prescription there they may well hear and determine of matter do before and as  to the name of the court this be only the style of ib so call for the speedy  dispatch of matter there use error here in the proceed the style of the court  the same to be in person mayor fellowcitizen this not good there be no such  court as to the venire facias some doubt may be make of this for the house be  say to be in Rochester and so from thence the venire facias man be award as to  the hold of the court by prescription and by charter this may be good if the  same be only by way of confirmation here the court be lie to be hold by  prescription army permission domini king if this go by way of confirmation and  so to be use and not otherwise to destroy the prescription this may be good  but not otherwise Fleming chief justice a court of pipowders be raise as a  incident unto a fair and have its certain limitation to be end with the market  and also the suit there to be only for matter and for controversy happen and  there arise in the fair or market and during the time of the same there be  also determinable contract battery and assault but not action upon the case  for word for that these do not disturb the market and this court be not to  last any long than the continuance of the market here in this place be a mark  for twenty day and the like at Winchester and the same be call palm court  during all which time justice be there to be do this court of pipowders have  its rise as a incident to a fair or market primary and original but when you  come once to the case of a custom and do claim to have a court and there to  hold plea on every market day this be Bulstrode good and may well so be but if  it be to hold a plea every day this court then be not only a court of  pipowders between stranger this court be to be hold Le horan in horan but for  citizen the same may be diverse day for to urge one to answer Bulstrode er p  to issue and to go to trial in one day and so to proceed de horan in horarn  secundum experience community such a speedy trial be much to be mislike of if  it be a court of pipowders by custom and prescription claim in such a court  they may hold and determine plead of contract make out of the court and long  before and good and many judgement have be give and the same affirm in writ of  error to warrant such proceed as to the charter it be clear that they can not  hold plea sole nor by deputy if there be not in the charter sufficient word to  warrant the make of a deputy and when to sit then to call two citizen these be  judge also by this as the Lord chancellor sit in the exchequer have power to  call the judge to sit with he and so in the starchamber he be not to sit alone  and these judge be so call be all of they judge there if it have be here  couple together with a well by prescription or by charter this have be clear  void but here it be in the copulative with a by prescription and by charter  this be good and accord to such grant the prescription and the charter may  well stand together without any confound upon every change of a king all  corporation have new charter a new charter to confirm their ancient charter  and liberty concession to make firm in all respects privilegi this  prescription here be not alter nor yet change by this grant and confirmation  by charter and so they may well stand together but if the charter be contrary  to the prescription or any way alter the same otherwise it be and in this the  difference will be where the charter do destroy the custom and where the same  be contrary to the custom where the charter be in augmentation of the custom  by way of addition this be good and man well be as a grant and confirmation a  good grant to hold as before with a addition thereunto as in the charter be  express and in this manner the charter custom and prescription may well stand  together as it be here in this principal case the charter and prescription be  the same and not contrary the one to the other as to the issue here and trial  thereupon the payment here be plead to be at the plaintiff house be in the  city of Rochester this can be make good any way but he shall have say that  this money be pay to the plaintiff videlicet at the city of Rochester at the  plaintiff house in the city of Rochester but this be not sudden to be over  rule as to the venire facias and award of the same this ought to be do by the  major alone for be alone be the sole judge here and the two other citizen that  be to sit with he be not judge until they be call to sit with he as to the  rest n of the venire facias in person no well deputy meum this be clear nought  and can be make good unless it appear and be prove by special word in the  charter that he may hold the court by his deputy notam that the party perceive  the opinion of the court to be against the former trial and so the judgement  to be erroneous they agree by their mutual assent to go unto a new trial of  the matter again and so to rectify the former mistake and so the court deliver  no judgement in this case for that the party agree to go to a new trial notam  per curian in a trial at the bar by a Buckinghamshire jury concern the title  of sir John Packington that if one of the party do give any private  instruction to one of the jury after that they be empanel this be punishable  in the starchamber