Who say upon their oath, that whereas the aforesaid sheriff had sent certain liberties, granted by the aforesaid lord the king, to the bailiffs and commonalty of the town of Great Yarmouth, by John de Foxley, his under sheriff, by virtue of a certain order of the lord the king, to him directed on that account, to cause them to be proclaimed, viz., on the feast of the apostles Philip and James last past: (commonly called May day, on which a fair at Lowestoft was held, as it is also now); on which day the aforesaid under sheriff, at Lowestoft intended to proclaim the aforesaid liberties according to the form thereof, and there openly shewed the letters patent of the lord the king; on that account came Martin Terry, Stephen Shelford, Andrew de Lound, Robert Shincale, J. Cote, Roger Caley, Richard Gall, Thomas Smyth, John Smyth, Thomas Murring, Thomas Stoneman, and William his brother, Henry Freberne, and Emma his wife, J. Keene, Henry Boocher, of Lowestoft; also John de Rookesburgh, John Spencer, and Alice his wife, with a greater company of men and women of the town aforesaid, of whose names they are ignorant, who, by the abetment and procurement of William Hammell, John Blower, Thomas de Wade, Richard Skinner, William Lacye, etc., they violently resisted and hindered him; some saying to the same sheriff, they would not suffer him to depart; others forcing his letters from him, and so with dangerous and reproachful words, etc., saying that if he dared to come there for any execution of the lord the king, he should not escape. That for fear of death he durst not execute the writ aforesaid. And they drove him then and there with a multitude of rioters, with hue and cry, out of the town, casting stones at the heads of his men and servants, to the pernicious example and contempt of the lord the king and against his peace.
In witness whereof, etc.
It appears, that in the 4th of Richard II. the commons of Suffolk and Norfolk, and all the other counties of England, petitioned parliament, that whereas it had been formerly ordained by statute that every subject of the realm might buy and sell without disturbance in city, burgh, sea-port, and elsewhere, throughout all the kingdom; and if any charters or patents were granted to the contrary, they should be holden null, which statute was confirmed at the last parliament holden at Gloucester; and notwithstanding the said statute, a charter in the same parliament was granted to the people of Yarmouth, that none should buy or sell round the said town by seven leuks, etc. These petitions had their desired effect; for we find, that during the sittings of this parliament, the inquisitions taken in the first and second of Richard II. were so far reprehended, that an order was then given for a new commission, and that it should be more uprightly conducted; and the burgesses of Yarmouth had a penal command to make no disturbance in the mean time. Accordingly, in the 5th of Richard II. a commission was solemnly awarded with a quorum, and was set upon the Monday next after St. Matthew, the apostle, the same year, in Suffolk and the Thursday after in Norfolk, by the then lord chief justice of England and other great commissioners, who viewed the place, and did take their inquisitions, the one held at Lowestoft, the other at Norwich, before Robert Trisilian, John Argentium, and John Holcome, on the oaths of divers, knights, and other special gentlemen of both counties, whose presentment was certified in chancery, and afterwards laid before the parliament held in November following; and an act was made, that the new grants should be repealed for ever, and shall never be re-granted; that the charter should be called in and cancelled, and should also remain in the tower under special causes thereupon written, why it was so cancelled. [69a] Notwithstanding this Act, the burgesses renewed their petitions to have their charter re-granted: insomuch, that Richard II. in the sixth year of his reign, in order to form a new judgment of the affair, came to Yarmouth, and viewed the premises himself; and soon after, namely, in the eight year of his reign, the burgesses obtained a new grant, dated the 20th February, of all their former privileges till the meeting of the next parliament.
As these inquisitions tend to cast considerable light on this complicated affair, they are inserted hereunder:
The determinations of all the Inquisitions taken before Robert Trisilian, [69b] John Argentium, and John Holcome, the one at the town of Lowestoft, in Suffolk, and the other at Norwich, by the oaths of divers, knights, and other great gentlemen of both counties.
THE FIRST INQUISITION,
Taken at Lowestoft, the Monday after the Feast of St. Matthew
the Apostle, 5 Richard II.That the new liberties and privileges to the burgesses of Yarmouth in a certain place called Kirkley road, is prejudicial and hurtful to the commonalty of the counties of Norfolk and Suffolk, and all other counties, etc.
1st. For that the liberties and privileges aforesaid be contrary to common right, and also to the statute made for the common profit of the realm of England; that is to say, that every one of the realm of England may buy and sell without let in city, burgh, port of the sea, and elsewhere, through all the realm of England: and if deeds or patents be granted to the contrary, they shall be of no force; which statute was confirmed in the last Parliament at Gloucester, holden in the time of our lord the king that now is.
2nd. And also, that the ships anchoring in the said place of Kirkley road, as often as a contrary wind come, they can by no means enter into the port of Great Yarmouth; but are compelled to cast their herrings into the sea.
3rd. And also for that the said burgesses of the town of Great Yarmouth, by force of the said liberties and privileges to them of new so given and granted, will not suffer the said commonalty of the realm of England to buy or sell any victuals or merchandise, at any time of the year in the said place of Kirkley road.
4th. And also the said commonalty do sustain and support great griefs and hinderances by color of the liberties and privileges aforesaid in this behalf.
5th. Also they say, that there is a great space of the high sea between the said place called Kirkley road, and the entry of the said port of Yarmouth, by reason of which space many ships may come from the main sea into the said port of Great Yarmouth at their liberty, and also go out; which place called Kirkley road, is in the county of Suffolk, and before the grant of the liberties and privileges aforesaid, was, and yet is, parcel of the same manor, etc.; and by all the time aforesaid have, used to have, and of right ought to have, all the wreck of the sea happening in the said place called Kirkley road. Also they say, that the ships loaden with herrings can return twice from Kirkley road into the sea to fish, whilst the chips loaden with herrings going to the town of Yarmouth can but one in the same time unload an return into the sea to fish.
6th. Also they say, that before the new grant of the liberties and privileges aforesaid, all the ships and boats loaden with herrings, and other victuals and merchandise, have used at their pleasure to come as well to the port of the town of Great Yarmouth, as to the said place called Kirkley road, without any manner of let, and to unload their herrings, victuals, and other merchandise, as will in one place as in the other; and have sold the same unto any man of the realm of England willing to buy freely without any let or challenge of any man.
7th. And at the same time it was the common profit, as well of the commonalty of the realm of England, as of the said town of Yarmouth.
8th. Also they say, that the greatest commodity should be to all the commonalty of the realm of England; that all ships and boats laden with any victuals and merchandise might come as well to the port of the town of Yarmouth, as to the said place of Kirkley road, freely at their wills; and their victuals and merchandise might unload as well in the one place as in the other; and the same without let of any person, might sell to any of the realm of England that would buy the same.
9th. And they further understand, that the men of Great Yarmouth may sustain and bear towards our lord the king all charges which they did sustain and bear before the granting of the liberties and privileges aforesaid, and maintain the said town, although the same liberties and privileges shall be revoked.
In witness, etc.
THE SECOND INQUISITION,
taken at Norwich the Thursday before the feast of St. Michael,
5 Richard II.That it should be to the commodity of the commonalty of the counties of Norfolk and Suffolk, and all other counties of the realm of England:
1st. That all the ships and boats laden with herrings, and other victuals and merchandise, coming to the parts of Norfolk and Suffolk, upon the sea coast might unload their herrings, victuals and merchandise, wheresoever they please, and the same without let of any person, to sell to any of the realm of England that will buy the same.
2nd. And that all the realm might lawfully buy the herrings, victuals, and merchandise aforesaid, wheresoever within the counties aforesaid. Also they say, that the burgesses of the town of Great Yarmouth, by force of the liberties and privileges aforesaid, to them of new so given and granted, do not suffer the said commonalty of the realm of England, at any time of the year, to buy or sell any victuals or merchandise in the said place of Kirkley road.
3rd. And that whensoever any ships or boats apply themselves into Kirkley road, laden with herrings, they may twice unlade again and return to fish; whereas the ships or boats applying into the port of the town of Yarmouth, they can but once in the same time unload and again return to sea to fish.
4th. Also they say that the commonalty do sustain and bear very great griefs, damages, and hindrances, by colour of the liberties and privileges aforesaid.
5th. Also they say, that the said place of Kirkley road lyeth in the main sea over against the town of Lowestoft, in Suffolk, and is distant from the town of Yarmouth ten miles.
6th. Also they say, that all the ships and boats laden or unladen, often, and when they come into the sea between the entry of the port of Yarmouth and the place of Kirkley road, if the wind be not contrary, they may at their wills enter into the port and also the said place of Kirkley road.
7th. Also they understand, that the men of Yarmouth may sustain and bear all charges towards our lord the king, which before the granting of the liberties of the new charter aforesaid they did bear, and maintain their town, besides that charge that they render yearly for the said charter to them newly granted, although the said charter be revoked and made void.
8th. Also they say, that if the wind do serve for the ships, that they cannot come to the said town of Great Yarmouth, sometime it happeneth that they must cast their herrings into the sea for oldness, if that they may not lawfully deliver their herrings at the place of Kirkley road.
In Witness, etc.
The charter for uniting Kirkley road to Yarmouth Haven was repealed the second time, the 5th of Richard II. The grant restored again till the meeting of Parliament to consider of it, the eighth of Richard II.
At the meeting of parliament, which was in the ninth of Richard II. the last grant of the eighth of Richard II. was, by an ordinance of that Parliament, dated the 18th day of December, in the ninth of Richard II. annulled, and the act of repeal, in the fifth of Richard II. continued in force.
The last grant annulled the ninth of Richard II. and the repeal of the fifth Richard II. continued in force.
But notwithstanding all the allegations, statutes, etc., to the contrary, the burgesses of Yarmouth, by their petitions, etc., in the subsequent Parliament, holden at Westminster, in the tenth of Richard II, recovered all their former liberties and grants, by an act or ordinance of Parliament, which privileges, etc., were confirmed by a charter under the great seal of England, which charter has never since been repealed, but continues in force to this day.
After the re-granting of the said liberties and customs to the town of Yarmouth, by parliament, and confirmation of the same by charter, under the great seal of England, the burgesses collected the same customs in Kirkley road that had been usually paid in the port and haven of Yarmouth, without any molestation or interruption whatever. For after this legal decision of this litigious and long-contested dispute, the Lowestoft men were compelled peaceably to submit to any inconvenience it might subject them to and, consequently, were under the necessity of farming of the town of Yarmouth the customs belonging to Kirkley road, at a certain annual rent, as the safest and most advantageous mode of proceeding.