But, notwithstanding this unhandsome treatment, the resolution of establishing a china manufactory at Lowestoft was not relinquished, but was revived again in the succeeding year by Messrs. Walker, Brown, Aldred, and Richman, who, having purchased some houses on the south side of the Bell lane, converted the same to the uses of the manufactory, by erecting a kiln and other conveniences necessary for the purpose: but, in carrying their designs into execution, they also were liable to the same inconveniences as the proprietor of the original undertaking at Gunton was; for being under the necessity of applying to the manufactories in London for workmen to conduct the business, this second attempt experienced the same misfortune as the former one, and very near totally ruined their designs; but the proprietors, happening to discover these practices of the workmen before it was too late, they took such precautions as rendered every future attempt of this nature wholly ineffectual, and have now established the factory upon such a permanent foundation as promises great success. They have now enlarged their original plan, and by purchasing several adjoining houses, and erecting additional buildings, have made every necessary alteration requisite for the various purposes of the manufactory. They employ a considerable number of workmen; and supply with ware many of the principal towns in the adjacent counties, and keep a warehouse in London to execute the orders they receive both from the city and the adjoining towns; and have brought the manufactory to such a degree of perfection as promises to be a credit to the town, useful to the inhabitants, and beneficial to themselves.
SECTION IV.
THE CONTEST BETWEEN YARMOUTH AND LOWESTOFT
RESPECTING KIRKLEY ROAD AND THE HERRING FISHERY.
In order to discover the origin of those violent disputes and commotions which subsisted so long between Yarmouth and Lowestoft, respecting Kirkley road and the herring fishery, and to represent them in the clearest and most impartial manner, it may be necessary to advert to a preceding section, and to recapitulate from thence such circumstances as may tend to the better understanding the various transactions of the section we are now engaged in.
It was there observed, that in early ages, even before Yarmouth was founded, it is probable, that Lowestoft was the general rendezvous of both the northern and western fishers employed in the herring fishery; because, until the sand whereon Yarmouth was afterwards built appeared above the surface of the water and became firm land the fishermen that resorted to these coasts for herrings must necessarily have a place more southerly to assemble at. That as soon as the sand called Cerdick sand had made its appearance, (the Saxons came first; afterwards the portsmen), they found its situation so extremely convenient for drying of nets, and the other necessary occupations of a seafaring life, that they began soon after to erect temporary booths or tents there, as their several circumstances would admit as well for the accommodation of their persons as the security of their property. Soon after they had officers, called bailiffs, deputed by the barons of the cinque ports, to superintend the fishery for the space of forty days; afterwards they began to erect houses, and at last was founded the burgh called Great Yarmouth.
The burgesses of Yarmouth had a charter of liberties granted them by King John; and the barons of the cinque ports had also certain liberties at Yarmouth granted them by the same king or rather confirmed what they held before by prescriptive right only: but these several liberties interfering with each other gave rise to the most violent disputes and depredations upon each others’ property, which continued, with some intermissions, until the reign of queen Elizabeth, when a proposal for conciliating these differences was offered, by making Yarmouth a member of the cinque ports, but it failed of success: but in the year 1576 all matters in dispute being adjusted to their mutual satisfaction it was at the same time finally agreed, “That as every fishing vessel frequenting this fair in antient times paid four pence, as a toll or custom, to the bailiffs of the cinque ports; and that afterwards the said bailiffs accepted from the bailiffs, of Great Yarmouth, in lieu thereof, the annual sum of six pounds: Yet now, for the sake of restoring peace and tranquility, it was further agreed by the said bailiffs of the cinque ports to receive only three pounds ten shillings from the bailiffs of Yarmouth, in full satisfaction for the above-mentioned toll.” Thus their disputes being amicably adjusted, the contending parties preserved afterwards a more friendly intercourse with each other, which continued for some years, when the Yarmouth men refusing to pay the bailiffs of the cinque ports the above-stipulated sum of three pounds ten shillings any longer, the said bailiffs preferring peace to contention, and wishing to avoid any farther disputes, discontinued coming to the fair at Yarmouth in a public capacity any longer. [60]
The town of Yarmouth having now engrossed the whole of the herring fishery usually carried on near their own town to themselves, it became, in consequence thereof, the general rendezvous of all the vessels employed in buying and selling those fish, of whom they demanded a toll or custom; and having also obtained a charter, 46 Edward III for uniting Kirkley road to the port of Yarmouth, and for extending their liberties seven miles from the said port, were legally authorised to levy their customs upon all such herrings as were bought and sold in the above-mentioned road and within the said seven miles.
But the Yarmouth men, so far from being satisfied with the additional emoluments arising from these acquisitions, envolved themselves in fresh disputes with the men of Lowestoft, in the reign of Henry IV. respecting their customs, which were revived again in the reign of queen Elizabeth, (exclusive of the above-mentioned dispute with the portsmen in 1576), and again about the year 1659, when they attempted to extend their liberties beyond their legal bounds, and endeavoured to hinder the Lowestoft men from purchasing any herrings either at or near their own town, unless they paid the usual customs to Yarmouth; and grounded their claim on a pretence, that the grant of the 46th of Edward III. which extended their liberties seven leuks or miles from Yarmouth, was not to be measured from the key of Yarmouth, but from the mouth of the haven; and consequently would thereby wholly exclude the town of Lowestoft from buying herrings even in the roads belonging to their own town, unless they first submitted to pay such customs as should be claimed by the burgesses of Yarmouth. They also endeavoured farther to show, that that part of the sea called Kirkley road was opposite the parish of Kirkley, a town situated about a mile to the south of Lowestoft, notwithstanding the real name of that part of the sea is Pakefield bay; and that the seven leuks prescribed in their charter as the boundary of their liberties, were not miles but leagues.
These unreasonable and ill-grounded claims on the part of Yarmouth were productive of a most violent rupture between the two towns; they even proceeded so far (in order to defend what each of them thought to be their just and legal privileges) as to fit out armed vessels, in consequence of which many sharp engagements ensued, and much blood was shed on both sides. At last the respective parties, being weary of contention, agreed to lay the affair before the privy council, from whence it was referred to the judges, and lastly to a hearing before the house of lords where it was finally determined in favour of the town of Lowestoft, as will be more fully shewn in the subsequent part of this section.
The above circumstances being premised, I shall now proceed to make some inquiries concerning the several charters granted to Yarmouth respecting the herring fishery, how far the liberties contained in those charters extended; and particularly, whether the charter which annexed Kirkley road to Yarmouth haven tended to exclude the town of Lowestoft from the privilege, which it had enjoyed from time immemorial, of buying and selling herrings in the roads belonging to their own town.
I have observed before, that the great charter of liberties granted to the town of Yarmouth, was that granted by King John, in the 9th year of his reign. This king being distressed in fitting out a fleet of ships for the recovery of his Norman dominions, lately lost, indulged them with a charter, on condition, “that they should provide for him fifty-seven ships for forty days, at their own charge, as often as the wars he was engaged in should give him occasion to demand them.” [61a] By this charter Yarmouth was created a free burgh, and the burgesses thereof were invested with many immunities and privileges, to be held in fee-farm, paying to him and his heirs, an annual rent of £55 for ever; for payment thereof they were allowed only the customs arising out of the port; not being authorised to receive any custom of goods bought or sold in the market upon land at the time of the year. [61b]