Colonial Williamsburg Digital Library

I. THE BEGINNING OF MARKETS AND FAIRS IN VIRGINIA

The power to create did not always insure long life nor the success of the market-place. When Governor Argall returned to Virginia in May, 1617, he found the market-place in Jamestown planted in tobacco. (Stith's History of Virginia, p. 146)

As early as 1649 the privilege "was granted James City [Jamestown] of a weekly markett, to be holden upon every Wednesday and Saturday, and that the market place be bounded (vizt.) from the Sandy Gutt, comonly called and known by the name of Peter Knight's storehouse westward, and soe to the gutt next beyond the house of Launcelott Elay eastward, and bounded on the north 2 with the back river: and that all bonds, bills or other writings upon any bargains made within the aforesaid bounds of the markett place for any thing sold in the market and upon the markett days, between the hours of eight in the forenoon and six in the afternoon, being attested under the hand of the clerke of the market, shall have the force and be in quality of judgment, and upon non-payment of the summe in such bill, bond or writeing, according to the tenor of them being attested by the aforesaid clerke, It shall be law-full for any commissioner of the quorum, within the county upon the demand of the creditor forthwith to grant execution as in case of a judgement preceding. The said clerke of the markett to be appointed by the governour, and his ffee or salary to be four pound of tob'o … And the said clerke of the markett to record such writeing in a book for that purpose to be kept."(Hening's Statutes, I, p. 362)

In 1655, the attempt of the Assembly to establish by law bi-weekly markets in Jamestown was recognized as a failure. All laws regarding markets and the regulation of trade were repealed. The burgesses, still appreciating the value of a market, optimistically and hopefully decreed that "if any countrey [or] perticulor persons shall settle any such place wither the merchants shall willingly come for the sale or bringing of goods, such men shall be lookt upon as benefactors to the publique."Hening's Statutes, III, p. 397)

In 1677 marts or fairs were established in set places twice a year (generally April and September) to encourage free trade with the Indians. (Ibid, II, p. 411-412)

At a celebration on May 1, 1699, a student of William and Mary, in an address before Governor Nicholson and the Assembly, declared a market would be of great assistance to the College, for by this means "the Colledge it self might be enabled to keep houses, or the neighbours about this place 3 might be better supply with all things necessary for our good lodging & Diet." The speaker added (and this must have sounded a welcome note to that colonial body ), "This is one thing which the General Assembly might procure for us without charge."(William and Mary Quarterly, Vol. 10, 2nd Series, p. 329)

The Act of 1699 which transferred the capital from Jamestown to Williamsburg provided:

That his excellency the governor, or the governor or commander in chief of this his Majesty's colony and dominion, for the time being, is hereby impowered and desired, by letters patents, under the seal of this his majesty colony and dominion, to grant unto the said city of Williamsburg, the liberty and privilege of holding and keeping such and so many markets and fairs, at such time and times, and upon such conditions and under such Limitations, as he shall think fit… (Hening's Statutes, III, p. 428)

In 1705, by Act, market days and annual fairs were provided for in the towns. Twice each week markets were to be held and a fair was to be held annually. (Ibid, III, 404-7)

When the City of Williamsburg was laid out in half-acre lots, a location near the center of the town was doubtless set aside for the market-place, although a market house was not erected for some years thereafter. The act of 1705 giving further directions for building the city, gave its trustees the authority to "enlarge the market-place" if need arose — this authority to be vested in the mayor, recorder, aldermen and common council after the city was incorporated.

With a market-place (frequently called a "Square") provided, there was need for a market-house. According to The Oxford English Dictionary, a market-house was "a building in which a markett is held; a small house erected in a market-place for the use of market-folk." The market-place was "The place where a market is held, usually a square of wide open space in a town."(Ibid)

II. THE WILLIAMSBURG MARKET-HOUSE AND FAIRS

In 1710 Spotswood, then Lieutenant-Governor of Virginia, called attention of the Council to the need for regular market days to be established in Williamsburg. The recommendation implies that the great number of people who were in Williamsburg for the Courts or Assembly were inadequately provided for:

Whereas the Governor was pleased this day to acquaint the Council of the inconveniencys which he observed the Inhabitants of Williamsburgh and the people resorting thereto upon publick Occasions labour under for want of a Market for Provisions, and that for the more effectual remedying thereof he was inclined to appoint Weekly Markets to be held there, and asking the advice of the Council how the same may be best established. This Board are thereupon of opinion that the settling Weekly Markets at Williamsburgh will be a very great benefit to the said Town, and the Neighbouring Inhabitants, and a Conveniency to the People of the Country who have occasion to resort thereto. And it is refer'd to the next Council to consider of the proper methods for establishing the same. (Executive Journals of the Council, III, p. 251)

So far as is known, the plan was referred to the next Council, but there is no record of what action was taken.

In 1713 Spotswood made a plea for a market house. His request reached the House of Burgesses:

… And I wish you Joyned in Opinion with me, that to Give Some Assistance to this Infant Town, towards building a Market House, bettering the Landings … would … be for the benefit of all those whose business calls them to the Assemblys and Generall Courts.(Journal of the House of Burgesses, 1712-1714 … pp. 47-48)

In 1720 the citizens of Williamsburg petitioned the Assembly to take steps toward building a market-house. Their petition was rejected:

On consideration of the Petition of the Inhabitants of the City of Williamsburgh complaining of the Irregularitys of their principal Street and of the want of a Market house and the Inconveniencey of the Publick Landings and representing That the Cheif Church of this Colony wants Some necessary ornaments and praying for a Supply out of the Publick Treasury for those Uses.

Resolved
That the sum of One hundred and fifty pounds be given towards making Bridges and Causeways in the Main street and 5 that the Money be paid to Mr. Speaker, Mr. Clayton, and Archibald Blair who shall See the Same applyed and Account to the Assembly for the Same, and that the other matters in the Said Petition be rejected. -

(Ibid, p. 283)

It is probable that the lack of interest or failure to take action regarding the market-house was due to the fact that Williamsburg offered a good market only at "Public Times." Then the streets and market-place were, doubtless, crowded with goods, vendors and traders. During the quiet days, there may have been little need for public markets, as the inhabitants had their own slaves to tend their gardens and raise their meats for home consumption.

However, markets and fairs were constantly in the minds of the people. The Charter incorporating Williamsburg in 1722 contains clauses providing for markets and fairs.

… AND FURTHER WE OF OUR ESPECIAL GRACE, certain Knowledge, and meer Motion, for us, our Heirs and Successors by these presents, give, and grant, to the said Mayor, Recorder, Alder-men and Common Council Men, of the said City, and to their Successors, for ever, full and free Licence, Power & Authority to have, hold, and keep, two Markets weekly in some convenient Place in the said City, to be by them appointed (that is to say) on every Wednesday and every Saturday, in the Week; and also two Fairs yearly to be held and kept on the twelfth Day of December, and on the twenty third Day of April, commonly called Saint George, his Day in every Year, or on the Day next following, each or other of them in Case they shall happen to fall on a Sunday, for the Sale and Vending all, and all Manner of Cattle, Victuals, Provisions, Goods, Wares and Merchandizes, whatsoever. On which Fair Days, and on two Days next before, and on two Days next after, each of the said Fair Days, all Persons coming to or being at the said Fairs, together with their Cattle, Goods, and Merchandizes, shall be exempt and privileged from all Arrests, Attachments or Executions, except for Toll and Process from the Court of Pipowder¹ …

As has been noted, a market-place for Williamsburg was doubtless designated when the town was laid out in half-acre lots (1699-1705). It was probably at the approximate site of the present Market Square, as no lots appear to have been laid off or sold in this central portion of the town. However, it may be that the early market activities took place on the north side of Duke of Gloucester Street (the side on which the Court House of 1770 was subsequently erected), rather than on the south side, where the Magazine was erected in 1715 — although both sides were doubtless used when needed. Hugh Jones said (c.1724) that the magazine stood far from any house except the "James-Town Court-House" and that near it was an area for a market-place, which was also near the play-house and bowling-green. To quote him exactly:

Near the Middle of the main Street stands the Church …

Near this is a large Octogon Tower, which is the Magazine or Repository of Arms and Ammunition, standing far from any House except James Town Court-House; …

Not far from hence is a large Area for a Market Place; near which is a Play House and good Bowling Green.

…
Williamsburgh is now incorporated and made a Market Town, and governed by a Mayor and Aldermen; and is well stock'd with rich Stores, of all Sorts of Goods, and well furnished with the best Provisions and Liquors.

(Hugh Jones, The Present State of Virginia, pp. 30-32)

As to the holding of fairs in Virginia, the accounts are often clearer as to what was planned than in what actually took place. The first fair on record in the Virginia Gazette (which was established in 1736), was one planned for St. Andrew's Day in Hanover County, Virginia. The prizes to be given were a hunting saddle with a fine broadcloth housing, fringed and flowered: "To be run by horses and Mares": and a fine Cremona fiddle "to be plaid for by any Number of Country fiddlers." Also, there were to be contests with prizes for dancing, singing, football, jumping and wrestling. A pair of silk stockings would go to the handsomest maid upon the green. (Virginia Gazette, William Parks, ed., November 26, 1736)

Strange as it seems, the only fair on record for Williamsburg was one held in December, 1739, at the place "where the Fair is usually held."

November 30, 1739.

On the 12th Day of the next Month, a FAIR will be held in this City, for the Buying and Selling of Horses, Cattle, Hogs, Sheep, &c. and all sorts of Goods, wares, and Merchandizes. And it is assur'd, That good Encouragement will be given to Persons who shall bring such Things to the said, Fair, for Sale.

There will be several PRIZES, of considerable Value, given by the Inhabitants of the said City, to be contended for, by Horse and Foot Racing, and several other sorts of Diversions; the particulars of which will be in our next.

(Virginia Gazette, November 30, 1739)

The next issue carried this notice concerning the fair:

December 7, 1739.

Whereas Two FAIRS are appointed to be held in this City Yearly, viz. on the 23d. of April, and on the 12th of December, out of a laudable Design to encourage the Trade thereof, and to be a Means of promoting a general Commerce or Traffick among Persons that want to buy or sell, either the Product or Manufactures of the Country, or any other Sorts of goods, Work, or Merchandizes: But as this Intention, like many others, that are new and uncommon, has not met with the desired success, for and of sufficient Tryal and Experiment; It has been taken into Consideration, by the Gentlemen and other Inhabitants of the said City; and they have, by a voluntary Contribution, raised a Sum of Money to be appropriated in such Manner, and to such Uses, as shall seem most conducive to the desired End.

It is therefore Agreed upon, and Ordered, That the following Sums of Money shall be given as Bounties, at the next FAIR, to be held at Williamsburg, on the 12th Instant, viz.

8

To the Person that brings most Horses to the said FAIR, and there offers them to Publick Sale, at a reasonable Price, there shall be paid him, as a Bounty, (whether he sells them, or not) a pistole.

To the Person that brings the best Draught Horse for Sale, as aforesaid, a good Horse-whip shall be given.

To the Person that brings most Cows, Steers, or other horned Cattle, and there offers them for Sale, as aforesaid, a Pistole shall be given.

To the Person that brings most Sheep, and there offers them for Sale, as aforesaid, for each Sheep, Six Pence shall be given.

To the Person that brings most fat Hogs, and there offers them for Sale, as aforesaid, for each Hog, Eight Pence shall be given.

And the suitable Encouragement shall be given to all Persons that shall bring any Sorts of Goods, Wares, or Merchandizes, and offers them to Sale, as aforesaid, in the Place where the FAIR is usually held.

N.B. None of these Bounties are intended to be given for the Stocks of Cattle, &c. that belong to Williamsburg.

Pens will be prepar'd for keeping up Sheep, Hogs, &c. in the Fair.

And for the Entertainment and Diversion of all Gentlemen and others, that shall resort thereto, the following PRIZES are given to be contended for, at the Fair, viz.

A good Hat to be Cudgell'd for; and to be given to the Person that fairly wins it, by the common Rules of Play.

A Saddle of 40s. value, to be run for, once round the Mile Course, adjacent to this City, by Horse, Mare, or Gelding, carrying Horseman's Weight, and allowing Weight for Inches. A handsome Bridle to be given to the Horse that comes in Second, and a good Whip to the Horse that comes in Third.

A Pair of Silver Buckles, value 20s. to be run for by Men, from the College to the Capitol. A Pair of Shoes to be given to him that comes in Second. And a Pair of gloves to The Third.

A Pair of Pumps to be danc'd for by Men.

A handsome Firelock exercis'd for; and given to the Person that performs the Manual Exercise best.

A Pig, with his Tail soap'd, to be run after; and to be given to the Person that catches him, and lifts him off the Ground fairly by the Tail.

There will be several other Prizes given; And as the Fair is to hold Three Days, there will be Horse-racing, and a Variety of Diversions, every Day; and the Prizes not here particularly mentioned, (for want of Room) will be then publicly declared, and appropriated in the Best Manner.

The Horses that run for the Saddle, are to be Enter'd before Ten o'Clock on Wednesday morning next, with Mr. Henry Bowcock, in Williamsburg; those that are not Contributors, to pay 2s. 6d. at Entrance. The Horse that wins the Saddle, not to run for any other Prize this Fair.

Proper Persons will be appointed to have the Direction and Management of the Fair, and to decide any Controversies that may happen, in relation to the Bounties and Prizes to be bestowed.

(Virginia Gazette, December 7, 1739)

From this account of the proposed fair, one can gather that this fair was privately sponsored and supported by a fund raised by a group of gentlemen. Its object was to bring people together and to encourage trade among persons that wanted to buy or sell. There was also entertainment and amusement planned "for the Entertainment and Diversion of all Gentlemen and others. "¹

The fair was held and lasted for three days. (See: Virginia Gazette, December 14, 1739) Attractions such as trickery, monstrosities, puppet shows, wax-works and similar sights were presented during fair days in Williamsburg and elsewhere throughout the country. The Virginia and Maryland newspapers abound in instances of this form of entertainment at fairs.

The Market Square was the scene of many activities:

[Williamsburg] July 18, 1746.

On receiving the News, in this City, of the Glorious Victory gain'd over the Rebels, by his Royal Highness, the Duke of Cumberland, an universal Joy diffus'd among all Ranks of Persons: the General Assembly being met, and much Company in Town, a Grand Entertainment was made at the Capitol, on Tuesday Night, 10 suitable to the extraordinary Occasion by the Honourable, the President and Council, Mr. Speaker, and the rest of the House of Burgesses; to which his Honour the Governor, who continues indispos'd, was pleas'd to contribute very largely … The whole Affair was conducted with great Decency and good Order, and an unaffected Chearfullness appeared in the Countenances of the Company. All the Houses in the City were illuminated, and a very large Bon-Fire was made in the Market-Place, 3 Hogsheads of Punch given to the Populace; and the whole concluded with the greatest Demonstrations of Joy and Loyalty … (Virginia Gazette, July 18, 1746)

WILLIAMSBURG, August 20.

On Saturday the 7th Instant, his Majesty's Declaration of War against the French King was proclaimed in this City with the following Solemities. His Honour the Governor, attended by such Gentlemen of the Council as were in Town, The Mayor, Recorder, and Aldermen of the City with the Mace, the Officers, and the Militia under Arms, attended the procession from the Capitol (where it was first proclaimed) to the Market-place (where the proclamation was made a second Time) from thence to the College, were it was again proclaimed. From thence the Gentlemen repaired to the Governor's House, where they drank the several loyal Healths, distributed Punch, &c. to the Populace, and concluded the whole with the greatest Demonstrations of Pleasure and Loyalty. (The Maryland Gazette, September 9, 1756)

In 1757 plans were made in Williamsburg to build a market-house. A notice in the Virginia Gazette reads:

The Gentlemen appointed by the Common Hall of the City of Williamsburg, will meet on Tuesday next at the House of Mr. Henry Wetherburn, at Six O'Clock in the Evening, in order to agree with a Carpenter for building a Market House in the said City. (Virginia Gazette, Hunter, ed:, April 22, 1757)

Just what was erected at this time is uncertain; but from an Act of Assembly of January 1764, the fact seems to be established that there was some sort of market-house in use in Williamsburg after 1757, and a new one was ordered to be built whenever needed:

An act to empower the corporation of the City of Williamsburg to assess taxes on the inhabitants thereof for the purposes therein mentioned, and for repealing a certain act of Assembly therein also mentioned.
…
11 II … That it shall and may be lawful for the mayor, recorder, aldermen, and common-council of the said city of Williamsburg … to levy and assess by the poll, on the tighable persons inhabiting within the said city, all such sum and sums of money as shall be sufficient for defraying the charges and expenses of building a court-house, market-house, and prison, for the said city, when those now in use shall happen to fall to decay, or be otherwise destroyed, and to Keep the same in repair …
III … It is hereby further enacted, by the authority aforesaid, That the said mayor, recorder, aldermen, and common council, in common hall assembled, shall and may, as often as occasion shall require, order and direct the inhabitants of the said city to deliver in lists of their tithables to the clerk of the court of Hustings of the said city, within such time as they shall appoint, but not less than one month at the least, who shall forthwith cause a copy of such order to be fixed up at the doors of the church, court-house, and market house, of the said city …

A letter to the editors of the Virginia Gazette in 1768 contains information about the Williamsburg market. In view of the above quoted law, "market" must refer to a definite house rather than to various shops:

July 7, 1768

To the PRINTER

SIR,
In all well regulated cities and towns the utmost regard is paid to the health and circumstances of the inhabitants, by those in power enacting such laws as deter butchers, bakers, &c. from exposing any thing to sale but what is good in quality, and at a certain fixed rate. We of the good town of Williamsburg, metropolis of Virginia have but too much reason to complain of being neglected in those particulars; for here meat for poverty not fit to eat, and sometimes almost spoiled, may hang in our market for hours, without any notice being taken of the venders of it; and any person may ask what price for his commodity that his conscience will allow him, which is generally exorbitant enough, especially on publick times, or when little meat is at market. And if a man has not got money enough to purchase a whole quarter of meat, the butcher generally demands a penny a pound extraordinary to cut it. In the same manner we are treated about all other provisions, the seller always taking advantage when in his power. In Norfolk, I have heard that the markets are so regulated there that good meat must only bear such a price as the Magistrates think reasonable; and the butcher is obliged to cut his meat upon a farthing a pound being paid more than he demands the quarter. An example worth of imitation. And the bakers are suffered to make their bread of what weight they think proper, and to put such unwholesome ingredients into it, and bake it of such bad flower, as must be very prejudicial to the health of those who eat it. At this very juncture the bread they bake daily, and sell to the inhabitants, justly entitles them to the pillory, if they had their desserts. A good heavy fine, in all likelihood, would put a stop to their 12 iniquitous practices, so detrimental to the inhabitants …
TIMOTHY TELLTRUTH

(Virginia Gazette, Purdie & Dixon, eds)

By 1795 the Magazine was being used as a market-house. The story of this Market-house and the products sold therein, is told by St. George Tucker, a resident of the city. He describes the public buildings as: "The hospital for lunatics, a church, the town and county court house, and magazine, now occupied as a market house …"(William and Mary Quarterly, II, pp. 195-196) Tucker further says that "The Market, though not very regular, nor well supplied, yet furnishes excellent meats and poultry in their season. They have also fish, crabs, oysters, wild fowl, and excellent butter, vegetables and fruits." A German traveller, Johann D. Schoepf, found provisions in Williamsburg "very cheap" in 1783-1784. He wrote: "Provisions are very cheap: butcher's meat 2 pence; hog meat 3 pence the pound; a turkey-cock 2 and a half shillings; a turkey-hen 1 shillings; a dozen pullets 6 shillings."(Johann David Schoepf, Travels in the Confederation, 1783-1784, edited by Alfred J. Morrison, 1911, p. 81)

We do not know why the Magazine was used as a market-house. The market-house built ca. 1757 may have been of wood, and may have burned or fallen into disrepair. Williamsburg was not crowded after the removal of the Capital to Richmond; there were no longer "Public Times": and the magazine was no longer needed for storage of arms and ammunition.

In his American Gazetteer, second edition (1804) Jedediah Morse also mentioned the market-house in the Magazine:

Williamsburg, a post town of Virginia, … It is regularly laid out in parallel streets, with a pleasant square in the centre of about ten acres, through which runs the principal street E and W, about a mile in length, and more than 100 feet wide. At the ends of this street are two public buildings, the college and capitol. Besides these there is an Episcopal church, a prison, a court house, a magazine, now occupied as a market …

In 1820 an account mentioned the market-house in Williamsburg:

Market House dr to Merchandise
1 pad lock for inner door 1.00 1 stove $10 … $11 .
putting up stove 1.00 repairing walk &c 1.99 … 2. [sic] (Day Book of Robert Anderson, 1819-1822, No. 8, p. 37)

In 1835 Joseph Martin described Williamsburg as follows:

…It is pleasantly laid out in parallel streets, with a pleasant square in the centre of more than 10 acres, where is situated the Courthouse, Clerk's office, and Markethouse, lately built …A Comprehensive Description of Virginia, 1835, pp. 198-200)

On April 6, 1842, John E. Pierce's claim on the corporation of Williamsburg for $25 was presented to the Common Council in Williamsburg. The body "Resolved that John E. Pierce be directed to procure a lock for the market house and to repair the door, and to unlock the same for market purposes every morning at day light, and to lock it at Ten O' clock A.M. —"Resolved that the said John E. Pierce be allowed the sum of Twenty-five dollars per annum as a compensation for the services required of him." Pierce was again paid $25 for keeping the market in 1845. (Ms. Southall Papers, Folders 201 & 341, William and Mary College)

By September 27, 1855, the market house ("lately built" in 1835) was spoken of as the "old Market building." The Virginia Gazette of above date, J. Hervey Ewing, editor, published this item:

The old Market building on Main street, was sold on Saturday last to Wm. S. Peachy, Esq., for the sum of $101. It is to be removed from its present location

It is presumed that after the "old Market building" was sold the vendors returned to the Magazine (by this time spoken of as "the Powder Horn") The Williamsburg Weekly Gazette on June 10, 1857, noted that the lower part of old Magazine was to be used as Butcher Shop, according to the Common Hall, & the upper as a market.

The editor of the Williamsburg Weekly Gazette was obviously in entire 14 sympathy with the city ordinances concerning the regulation of the market that was to be kept in the Magazine. The contents of his article imply that this was a new use of the "Horn" in 1857:

Oct . 7, 1857

Market Exercises. —On Thursday last, the market exercises commenced. The Marketonians opened the meeting and seemingly without the least disposition to chant or give gloria inexcelsis to the fathers for having so kindly considered their comfort in interest by having the relishable Horn minus mint and whiskey fixed for them on that morning. This Horn will be neatly prepared every day at sunrise under the direction of a clerk. The Horn however will prove a source of revivification to more than vendors of meat — even our citizens are allowed to participate in its comforts, all they will have to do, will be to walk up to the Powder Horn and help themselves. On that morning we were present and never before did 'raw heads and bloody bones' present so little of the frightful. The dead meats we there saw were very nice and tempting, sufficient to excite the palate of the most luxurious epicure. (Williamsburg Weekly Gazette, J. H. Ewing, ed . )

One would gather that vendors had not been too careful about the keeping of their meats, and that some sort of meeting was held to point out their failures.

The violators of these ordinances were the subject of a later sharp protest:

Forestalling. The market ordinance has been duly adopted by those you have put in office; you have said privately and publicly that those market laws were wholesome, productive of good &c ., and that the present arrangement is a great convenience to our citizens, and still some of you will act the petty, the small potato. How hypocritical! 0 how abominable! Why don't you attend the market! and stop running out at either end of the town every morning, waylaying the hucksters. This is unfair 'tis dishonest. To engage the articles being brought to market, you take the advantage of the honest man at the market house. This you have no right to do for tis a violation of the market, and when known is punished by fine. We make these remarks to warn hoping you will abstain from further underhandness, if not, surely an example must be made of you! (Ibid , October 1857)

Mr. John S. Charles (in 1931) wrote his recollections of Williamsburg at the time of the Civil War. His impressions of the Magazine, used partly for a market up to the War, are given thus:

The old 'Powder Horn' looks much like it did in the 'long ago'. According to the writer's recollections, this historical structure had two stories, or floors; the lower front door was on a level with the ground, and the upper floor was reached by a flight of steps, built on the eastern side of the lower door. The upper floor was used as a church by the Baptists, before they built their present church, while the lower floor was used as a market house before the War, and afterwards used as a stable until it was bought and restored to its present condition by the A. P. V. A .

…In the rear of the Powder Horn facing on Francis Street, stood a long one-story brick building, whose roof, window shutters and doors were covered with metal. There were three front doors opening into the clerk's offices of the various courts then held there…

("Recollections of John S. Charles", copy in Research Department, Ms.)

Nothing further is known as to the market in Williamsburg until 1882. In a meeting of the City Council held at the Court House, Wednesday, October 11, 1882 it was:

Ordered: That parties shall not engage and deliver any fish, but shall take them to the Market house first, except fish caught by hook & line, No meat shall be delivered before being taken to the market, and none shall be sold except at the market, except meat may be sold by a licensed merchant .(Records No. 3, City Council of the City of Williamsburg, October 11, 1882, p. 35)

In 1888 the Association for the Preservation of Virginia Antiquities purchased the old Magazine for the purpose of preservation and restoration. Another market location was found.

In the minutes of the City Council on September 15, 1896, the house is mentioned:

Upon motion John Gilliam was granted the privilege of using a portion of the market house as a carpenter shop and in consideration of said privilege Mr. Gilliam is to take care of the city property therein stored. (Minutes of the City Council, Book No. 1, September 15, 1896, p. 17 — Williamsburg)

III. REFERENCES TO MARKET-HOUSES IN OTHER CITIES & REGULATIONS CONCERNING THEM

As a means of raising funds for building a market-house, sometimes, lotteries were held. The Maryland GAzette of April 24, 1751, gives the scheme for a lottery at Belhaven, in Fairfax County, Virginia for this purpose:

…THE Money arising therefrom to be applied towards building a Church, and Market-House, in the said Town … 'tis the first Thing of the Kind in this Colony, and is calculated purely for the Public Good, without any Views of private Interest.

On August 6, 1752, by order of the Corporation of Annapolis, bids were asked for to build a market-house in that city: ¹

WHEREAS, the said Corporation have determined to build a Market-House, 40 Feet by 20, 10 Feet Pitch, underpinn'd with four Courses of Brick above the Level of the Ground, with a Brick Floor below and a Loft above; three Doors on each Side, and one at each End, each Door to be eight Feet high and six Feet wide; the Posts and Rafters to be of yellow Poplar, and the Weather-Boarding to be of Featheredged yellow Poplar Plank; a Roof of Galloping Rafters, with a small Turret for a Bell, in the Middle of it, the Roof and Turret to be shingled with good Cypress Shingles; and the Weather Boarding to be painted red with Oil Colour; an Entrance to be made to the Loft , by a Trap Door and Ladder, and proper Windows to be made above, for Admission of the Air.

Any Workman or Workmen, who will undertake to compleat the said Building, in a Workmanlike Manner, may apply to the said Corporation, on Thursday the 13th of this Instant, who will then meet at the Court-House in Annapolis for that Purpose, at 6 o'clock in the Afternoon.

In 1765 Charleston's market² is described by Bartram, the traveller, as he saw it on his way to Florida:

… The market place is built of brick, 37 paces long, and 14 paces wide. There are three rows of stalls, the two side ones stand four feet within the pillars. The lower market place is 24 paces long and 11 broad. (Bartram's Journal 1765-66, Pennsylvania Historical Society, copy in part — Research Department)

In 1765 an Act of the Assembly of Maryland confirmed a lease:

…for part of a Lot of Land therein mentioned lying in Baltimore Town in said County to the Commissioners of the said Town and for the Regulation of the said Market. … on which said part of the Lot of Land aforesaid the said Inhabitants have built and erected a large and Convenient Building calculated for a Market House and other Public uses, which if put under a proper Regulation might be rendered very usefull to them and the inhabitants …

…
And be it further Enacted by the Authority advice and Consent aforesaid that from and after the first day of January next two days in every week Wednesday and Saturday shall be held as Market days at the Market House in the Town of Baltimore aforesaid and that all Victuals and Provisions whatsoever brought to the said Town for Sale (except Fish and Oysters that shall be brought by Water All kinds of Grain Flower and Bread Butter in Firkins or other Vessels exceeding twenty Pounds Nett, and Cheese, Pork by the Hog, Beef and Pork in Barrells or larger Casks, live Cattle Sheep and Hogs that Shall be brought either by Land or Water) upon those or any other days of the Week shall be carried to the Publick Market House of the said Town there to be Sold at the Stated Market Hours to Wit from any time in the morning to twelve at noon. …
[There was a penalty of 20 shillings current money for selling provisions except at the market during market days; and a penalty on buying within market hours provisions out of the market house — ten shillings current money]

[The clerk of the market to take charge of the Market and inspect provisions and to try and adjust the weights and measures used at the said market by Standards to be provided and kept there by the Commisioners of the Said Town for that purpose. Said Clerk to have full power "to rent or hire out as well the Stalls and Shambles¹ in the said Market House as the Rooms and appartments over the same and a fair and just Account of the Proffits arising from such Rents and also of all Such fines and Penalties he shall receive by Virtue of this Act; he the said Clerk is hereby directed to keep and apply the same from time to time to the Use and Benefit of the said Town according to the orders or directions of the Commissioners thereof … for which Services the said Clerk shall be allowed of the Publick Money …not exceeding the sum of thirty Pounds per annum".]

…
And be it further Enacted by the Authority advice and consent aforesaid that it shall not be Lawfull for any Person whatever wilfully to lead Ride or drive into the aforesaid Market House any Horse Gelding Mare or Colt or to kill or Slaughter in the said House any Beast of the Beef Sheep or Hog kind under the Penalty of two Shillings and Sixpence Current Money of this Province for every such offence…
This Act to continue Seven years…

(Archives of Maryland LIX , pp. 305 , 306, 307, 308, Proceedings and Acts of the Assembly 1764-1765)

A few years previous to the establishing of the Baltimore market-house, a similar Act was passed establishing a market-house in ChesterTown, Kent County, Maryland. The regulations were practically the same as for Baltimore: no goods to be sold after Market hours within one mile of the town; cattle &c not be slaughtered at the Market-House; horses &c not to be tied at the Market-House during Market Days. Fines to be used for repairing the Market-House. (Excerpted from Archives of Maryland LVIII, pp. 209-211, Proceedings and Acts of the General Assembly of Maryland 1762-1763)

Markets were ordered built in Portsmouth, Virginia, in 1783; in Petersburg in 1784; and in Yorktown in 1786. (See: Hening's Statutes XI 266, 384, and XIII, 378)

At Camden, South Carolina, the Market Square was 198 feet by 165 feet in 1798. A plat made in 1791 shows the Market Square with the Market House at the corner of Bull and Market Streets. This Plat was taken from the Kereshaw County Court Records, Book B, p. 107. (see: Kirkland and Kennedy, Historic Camden, 1905 p. 14, 18)

IV. OTHER USES OF TOWN MARKETS

In the latter part of the eighteenth century city market-houses were put to other uses. The marketing of foods and wares continued as usual in the market-house, but other parts available were used for celebrations, balls, meetings, tenements or apartments, &c .

In 1781, Fredericksburg gave power "to the mayor, recorder, aldermen and common councilmen … to hold and keep with in the said town, two market days, the one on Wednesday, the other on Saturday, in every week, and from time to time to appoint a clerk of the market, who shall have assize of bread, wine, wood, and other things, and generally to do and perform all things belonging to the office of the clerk of the market within the said town. And every person to be elected to any office as afore-directed, and refusing to undertake and execute the same, shall pay the fines following, … and clerk of the market, each fifty pounds to be imposed by the judgment of the said court of hustings for the use of the town, … " (Hening's 19 Statutes X, p. 441-442 — An Act for incorporating the town of Fredericksburg, in the county of Spotsylvania. See: p. 175 for identical ruling as (to market in Alexandria and Winchester.)

In 1792, in Lexington, Kentucky, the Market-House of brick was used for an Assembly room:

…
Our Conversation did in one week make a Constitution; the next week that Constitution was unanimously adopted … The large brick Market-house is now converted into an elegant Assembly Room …

In Fredericksburg on January 1, 1793, the Market-House was used as a place of meeting for the Episcopal Church, St. George's Parish, to meet in order to elect a minister. (Ibid, January 1, 1793)

On July 4th 1793, Fredericksburg used the Market-House to celebrate:

This day, being the Anniversary of the Declaration of American Independence, there will be a Public Dinner at the Market-House, and a Ball in the evening, at Mrs. Hackley's tavern … (Ibid, July 4, 1793)

Thursday last, the Anniversary of the glorious aera of AMERICAN INDEPENDENCE, was celebrated in this town with that Eclat with which the return of that auspicious day will ever inspire the Sons of Freedom …
At two o'clock a very numerous company sat down to a dinner prepared for the occasion, in the Market-House, and the Cap of Liberty placed in the center of the table; after which 15 truly federal toasts were drank, accompanied by a discharge of cannon. …(Ibid, July 11, 1793)

A celebration was held:

to commemorate the late glorious success of the arms of our sister republic of France — The amusements of the day's were conducted in the following manner:
… At 3 o'clock a federal salute was fired, and the company sat down to a plentiful Barbacue; after which the ladies retired to the market house, where they were entertained with music and dancing till evening, when the whole separated …(Ibid, May 15, 1794)

"Mr. CARD and his COMPANY" advertised a performance "at the MARKET-HOUSE on SATURDAY EVENING next."

Mr. CARD will exhibit many wonderful FEATS on CARDS. A Number of FEATS on the SLACK WIRE, performed with the 20 assistance of a
Balance Pole, by M. SANDERS Ground and Lofty TUMBLING, by Mr. FOULDS, from Sadler's —Wells, Also, all Kinds of VENETIAN POSTURES, by Mr. SANDERS, who puts himself into
a hundred different forms. A curious PIECE OF MACHINERY from the City of Rome. TICKETS, at 3s. each, may be had at the PRINTING OFFICE, and at the place of performance.
…
Times of Performances are on Monday, Wednesday, and Saturday Evenings." (Ibid, July 18, 1793)

At the MARKET-HOUSE, THIS EVENING, THURSDAY, May 8, 1794.
Mr. and Mrs. MOORE
will endeavour to entertain the Public with the following Performances, viz
An occasional PROLOGUE, written by Mr. Moore.
An EULOGY on FREE-MASONRY, by Brother Moore.
A SONG by Mrs. Moore:
And a POETIC VISION, called the COURT OF MOMUS — in which Mr. Moore will imitate the following characters — Falstaff, Pistol, Fribble, Miser, L. Fopington, Hadge, Ld. Ogilby, Maw. Warm, Mungo.
After which Mr. Moore will deliver the principal parts of the LECTURE on HEADS, with proper paintings.

…
To be followed by a scene from the Comic Opera of ROSINA: or, LOVE IN A COTTAGE.
Wm. Mr. Moore, & Phoebe Mrs. Moore.

Tickets, at Half a dollar, to be had at Mr. Benson's and at the Printing Office, Youth half price.

(Ibid, May 6, 1794)

At Norfolk early in the nineteenth century, the market-house was used as an apartment for the watchmen of the town:

March 25 [1814] A fire broke out in the market-house, which, with fourteen tenements on the square, was consumed. The fire was communicated by accident, in an apartment in the market-house occupied by the watchmen of the town. (William S. Forrest, History and Descriptive Sketches of Norfolk and Vicinity, 1853, p. 141)

…It was customary and lawful to hold fairs in the Market Place; and, on such occasions, the middle of the Square was appropriated to such amusements as the young and mirth-loving portion of the crowd chose to engage in … (Ibid)

A SUMMARY OF THE WILLIAMSBURG MARKET

The Act of 1699, directing the building of the City of Williamsburg, mentioned "markets and fairs"; and the Act of 1705, giving further directions, mentioned the "Market-Place." Although the earliest plats of the City of Williamsburg are not extant, the fact that no lots were laid off in the central section of the town now known as the Market Square would indicate that the ground, on both sides of the street, was set aside for that purpose when the directors laid out the town. However, a market-house was not built for some years.

Although Governor Spotswood, in 1713, appealed to the Burgesses to give assistance towards building a Market House for Williamsburg, no action was taken. In 1720, Williamsburg citizens petitioned the Assembly to take steps towards building a market-house. Their petition was rejected also. In 1757, a committee appointed by the Common Hall of the city advertised in the Virginia Gazette, that a meeting would be held "on Tuesday next at the House of Mr. Henry Wetherburn, at Six O'Clock in the Evening, in order to agree with a Carpenter for building a Market House in the said City." From an Act of Assembly of 1764, it is evident that some sort of market-house had been built, and funds were allotted whereby a new market-house could be built when the one "now in use shall happen to fall to decay, or be otherwise destroyed, and to keep the same in repair." It is assumed that the market-house was located on the Market Square . However, no sources have come to light to establish the exact location. At the time Hugh Jones wrote of Williamsburg (1724), it would seem that the market activities were held "not far from" the Magazine, and "near" the play-house and bowling green. This might place the market area on the north side of the main street (where the Court House was erected in 1770), rather than on the south side, where the magazine was standing in 1715.

By 1795 the Magazine on the Market Square was being used as a market-house for Williamsburg, according to the account of St. George Tucker. The early market-house may have burned, or become inadequate. Incomplete records do not furnish the necessary information as to what happened. In 1835, a traveller reported that Williamsburg "is pleasantly laid out in parallel streets, with a pleasant square in the centre of more than 10 acres, where is situated the Court-house, Clerk's office, and Markethouse, lately built." This Markethouse, "lately built" probably was on Duke of Gloucester Street nearly opposite to the Court-house. Foundations of a structure believed to have been this late markethouse, have been uncovered by Colonial Williamsburg. The foundations were 22 inches thick. By 1855, the "Markethouse, lately built" was spoken of as the "old Market building on Main street," and the building was sold & removed to another location.

In the Civil War period, the Magazine was again used as the market for the city, according to Mr. John S. Charles. In 1888, the Association for the Preservation of Virginia Antiquities purchased the old Magazine for the purpose of preservation and restoration. Another market location was found.

Recent excavations by Colonial Williamsburg have uncovered foundations on the southeast part of the Market Square near Francis Street. These foundations are 13 inches thick and near the surface, in Flemish bond; and the architects believe that they are the foundations of a simple building, probably of wood. It is impossible, from available evidence, to identify these foundations. They may have been the foundations of the clerk's office — the long, one-story brick building, which Mr. Charles described as standing "in the rear of the Powder Horn facing on Francis Street," ca. 1865. Or, they may have belonged to an early market-house.

Illustration #1
Markets Report

THE PIE POWDER¹ COURT

" The charter of Williamsburg drawn up in 1722 provided for a pie powder court to be held in connection with the yearly fairs which were intended to encourage agriculture and trade. This court had been a part of the fairs held in England throughout the Middle Ages. It was a court of record incident to every fair and market, and in it were decided cases of commercial injury — such as robberies, frauds, disputes over weights and measures, prices and money — arising in the fair or market actually being held, not those wrongs that happened in the preceding one. [Robert H. I. Palgrave, Dictionary of Political History, Vol. III, pp. 108-109]

Such a court made possible the settling of questions without the usual expense and delay attendant upon litigation in the regular courts. The jurisdiction of this court, presided over in a town by the town officials, but having merchants as judges, extended to all cases that arose, irrespective of the amount at issue. [W. S. Holdsworth, A History of English Law, Vol . I, p. 536.] In England cases could be appealed to the Westminster Courts .

Records of cases before the English pie powder courts are scarce . The explanation given by one historian for this scarcity is that justice was speedy and the reporter at a discount. [Ibid.] The type of case that came up may be guessed at from the examples, abstracts of which follow:

• Case A: A complains of B that the latter retains a coffer which the said B sold for 6d . — but A had paid him a drink and 2d. and came later to pay the rest, but B would not receive the money and demanded 2s. B pled guilty. Fine 6d. Pledge, his overcoat. [Select Essays in Anglo-American Legal History, by various authors, Vol. III, pp. 10-11]
• Case B: C sold to D a ring of brass for 5 ½ d. saying the ring was of purest gold. C was required to make satisfaction to D for 5 ½ d. and to be in mercy for the trespass; he is poor; pledge, his body. [Ibid.]
• Case C:Man claimed he had a share in a beef being butchered. The law said he was not present when the beef was sold and therefore could not claim a part of it when it was being butchered. [Ibid.]

The only record found of a case growing out of a fair in Virginia is one in the records of Augusta County, in October, 1765. The abstract of this suit is as follows:

Crow vs . Bell. — Elizabeth Hog deposes 18th October, 1765: At time when first fair was held in Staunton, about three years ago, she and Miss Priscilla Christian, now dead, went to Crow's store and got "a fairing," which was a present of ribbon by the clerk. [Lyman Chalkley, Chronicles of the Scotch-Irish Settlement in Virginia, extracted from the original court records of Augusta County, Vol. I, p. 341]

The question of whether the pie powder court¹ was a necessary accompaniment of the Williamsburg fair is one which may remain to plague the historian, because of the irremediable loss of the Hustings Court, the James City County Court, and the General Court records. The known facts are: the city charter provided for fairs and for pie powder courts, and a fair was held in 1739. If fairs were held regularly, or held thereafter at all, the available records fail to give any proof of them. The York County Records and the Virginia Gazette items indexed in the Department of Research and Record have not one reference yet found of any fair after 1739 or of a pie powder court." (Report prepared by Miss McWilliams some years ago; no date)

It would appear from an item in the September 8, 1747 Maryland Gazette that the pie powder court was in use there. At a fair appointed by Act of Assembly to be held in Baltimore-Town on the first Thursday, Friday, and Saturday, in October yearly, the Commissioners of the said town gave notice that "All Disputes that may arise, are to be determined by the Commissioners of the said Town. And all Persons are exempted from any Arrests , during the said Fair, and the Day before, and the Day after; except in Cases of Felony, and Breaches of the Peace, according to the Tenure of the above-mentioned Act."

(See: Complete articles taken from the Maryland Gazette, filed under Illustration #3)

Illustration #2

Bartholomew Fair, Smithfield
The XVIIIth Century in London, E. Beresord Chancellor (1920), p. 35

Brook Green Fair
The XVIIIth Century in London, E. Beresford Chancellor (1920), p. 21

Greenwich Fair
The XVIIIth Century in London, E. Beresford Chancellor, p. 22

Rag Fair
The XVIIIth Century in London, E. Beresford Chancellor, p. 22

Dover Market Place (Dover, Kent, England) in 1788
Gentleman's Magazine, LVIII, p. 105

Illustration #3
Market Report

Illustration #4

London, July 20. The following is the Plan for erecting the New-intended Market at Fleet Ditch.

In order to have a free and easy Communication to all Parts, it is propos'd to make a clear Passage 12 Feet wide, quite thro' the Market from Fleet-Bridge to Holbourn-Bridge: On each Side of this Passage at the North End, are design'd Two Shops, making Four in the Whole: every one of which will be Twelve Feet Square: From these Shops Southward is a Recess Home to the Posts, which inclose the before-mentioned Passage, and this Recess is capable of receiving One Hundred Country Carts, which may back Home to the Posts, and be very convenient for Buying and Selling: They will likewise stand intirely out of the Way, so as to cause no Obstruction or Embarrassment in the Streets on each Side the Market. Next to this Recess are Thirty Two Shops, 16 of which are on the East Side, and 16 on the West Side of the grand Passage: Every one of these Shops will be 12 Feet 6 Inches long and 8 Feet wide; and there are 5 cross Passages, which make every Shop in the Nature of a Corner Shop, with Fronts to the several Avenues, by which likewise a Convenient Access is obtained to the Houses on the East and West Side of the Market. Next to these Shops, is a Market-house, to be built in a commodious and regular Manner, containing in Length 252 Feet, and in Breadth 44 Feet, which may be appropriated to the Use of a Country Market for Higlers, &c and may be dispos'd in such Manner as to hold about 90 Stalls: From this Market-house Southward, are Two Shops, one on each Side the Grand Passage, each of which Shops is Sixteen Feet Square: From these Shops Southward are 32 Shops in the same Manner, with the same-Passages, and of the same Dimensions as the Thirty Two Shops before mention'd. All which Sixty Four Shops will be very aptly design'd for a Fish and Flesh Market: From thence towards Fleet-Bridge, is design'd a Building, the Outside Boundaries of which are to be of Brick, and the Internal Part supported by Columns, which may conveniently be divided into 56 Stalls for the Reception, of all Manner of Garden Stuff & Fruit, brought by Water, that Part of the Market being most naturally situated for that Purpose, being so near to the Water-Side: At Fleet-Bridge are Two spacious Shops, each of which are 23 Feet Long, and 16 Broad. And as this Market hath all the Advantages of Convenience and Situation that any Thing of that Nature can possibly have , the Profits arising from thence, must necessarily be very considerable, a moderate Computation of which is hereafter mention'd; and in order to illustrate such Computation, it may reasonably be suppos'd, that the Shops and Stalls, one with another, will bring in Five Shillings per Week, and the Recess for Country Carts, Ten Pounds per Week.

There are in the whole, 218 Shops and Stalls which at Five Shillings per Week, one with another, amount to £2824 00s 00d.

Country Carts, at Ten Pounds per Week £520 20s.00d

So that the whole yearly Income, at a moderate Computation, will amount to £3354 00 00.