FARMERS of KIRKLEY ROAD.
|
| Rent per Annum. | ||
|
| £. | s. | d. |
1393. | In the 17th of Richard II. the men of Lowestoft paid | 23 | 0 | 0 |
1394. | In the 18th of Richard II. the farmer not recordedpaid | 26 | 0 | 0 |
In the 20th of Richard II. William Spencer paid | 26 | 0 | 0 | |
1408. | In the 20th of Richard II. a fisher of Flanders paid for aforfeiture in Kirkley road | 1 | 0 | 0 |
1410. | In the 10th of Henry IV. the farm of Kirkley road was paidweekly by Simon Thirkeld, bailiff of Kirkley road | 8 | 0 | 0 |
1414. | In the 2nd of Henry V. John Waller paid | 8 | 0 | 0 |
1417. | In the 5th of Henry V. the men of Lowestoft paid | 8 | 0 | 0 |
1420. | In the 8th of Henry V. Thomas Couehithe’s hosts, fora trespass and rescue committed in Kirkley road paid | 4 | 0 | 0 |
1433. | In the 12th of Henry VI. the farmer’s name notrecorded paid | 4 | 0 | 0 |
1434. | In the 13th of Henry VI. the farmer’s name notrecorded paid | 3 | 16 | 8 |
1438. | In the 17th of Henry VI. John Davy, merchant, paid | 3 | 0 | 0 |
1442. | In the 21st of Henry VI. John Folvile, of Lowestoft,paid | 7 | 6 | 8 |
1445. | In the 24th of Henry VI. farmer’s name not recordedpaid | 4 | 13 | 4 |
Sometimes the water-bailiff collected the rents, but it does not appear that Kirkley road was ever farmed during the reign of Queen Elizabeth, or afterwards.
Nevertheless, about the beginning of the reign of Henry IV. fresh disputes arose between the said towns, respecting the manner of collecting the said customs; the Lowestoft men endeavouring to deprive the burgesses of Yarmouth of their just and legal dues; and also indicted several officers and others belonging to Yarmouth, and carried the suit into the Court of Chancery, where it continued till an agreement between the contending parties was made by the King and his council, in the second year of his reign. And in the following year another order was issued by the kings’ council, whereby an accord or composition, and final decision was settled and agreed upon between Yarmouth and Lowestoft, that the latter might buy herrings in Kirkley road under certain conditions therein specified. And these decisions, the Yarmouth men were once more restored to their usual privileges, and for some time were permitted peaceably to collect their lawful customs in Kirkley road, and to proclaim their free fair there as usual as well as at the other stated places in the town and haven.
But, notwithstanding this seeming amicable adjustment, many fresh disputes arose soon after between the towns, which occasioned many interruptions, and at last frequent depredations on each other’s property; for the Yarmouth men would frequently make seizures of boats, etc., belonging to Lowestoft, under pretence of non-compliance with the last-granted charter; and not only continued to do so till the year 1595, the 37th of Elizabeth, but endeavoured also further at that time to extend the boundary of their liberties beyond the limits by the prescribed charter, which gave but too much reason for fresh complaints being exhibited against them.
Before proceeding any further in investigating the causes which produced the various disputes between Yarmouth and Lowestoft, concerning the herring fishery, it may be observed that the burgh of Yarmouth held its charter upon paying the fee-farm rent of £55 per annum, to King John and his successors; which rent they were empowered to raise by levying a toll or custom upon vessels bringing herrings and other merchandise into the port of Yarmouth, to be bought and sold there; but as the entrance into the haven leading to the port of Yarmouth having, in consequence of the sand banks that were formed there, extended itself as far as Corton, and was also so choaked up that vessels could not enter therein, but were obliged to sell their goods in an adjoining place called Kirkley road, by which means the burgesses of Yarmouth lost their customs, and were rendered incapable of paying their fee-farm rent; they therefore petitioned to have the said road united to their haven, which accordingly was granted, upon condition that the above annual rent of £55 was advanced to £60. Thus for the proceedings on the part of Yarmouth were just and reasonable; and the riotous and illegal behaviour of the Lowestoft men, by refusing or evading the payment of the customs belonging to the port of Yarmouth, was very unjustifiable and reprehensible. The point, therefore, which rendered the burgesses of Yarmouth so very blameable in this affair, was their attempting under the pretence of claiming their just rights and liberties granted them by their charter, to extend them much further than they were authorised to do; for they pretended that Kirkley road was situate to the south of Lowestoft; that the seven leuks or miles, the boundary of their liberties, was to be measured from the mouth of the haven and not from the key or port of Yarmouth: and also, that the said leuks were leagues and not miles; and, consequently, had they succeeded in their designs, the town of Lowestoft must either have been wholly excluded from the fishery, or become tributary to the port of Yarmouth, from being liable to the above customs. These proceedings on the part of Yarmouth were illegal, and therefore justly opposed by the town of Lowestoft. The methods made use of in those early times by the merchants at Lowestoft to supply themselves with herrings, were very different from what it is at present; for now they are furnished with herrings by their own boats; but then, in general, they were obliged to repair to the port of Yarmouth whilst it was open, and afterwards to Kirkley road (as the place of general rendezvous for buying and selling herrings), in order to supply themselves with fish, they having but few, if any boats of their own at that time. Whilst the Lowestoft men repaired to the port of Yarmouth to buy herrings, they had a just right to pay the customs that were due there, and also the same in Kirkley road, when it was united to the haven, and therefore were blameable in either refusing or evading them; what, therefore, rendered the burgesses of Yarmouth so very culpable was, their unjust and illegal attempts above mentioned (about the 37th of Elizabeth, and again in 1659) wholly to exclude the town of Lowestoft from the herring fishery, and to monopolise it to themselves. The proceedings relative to these designs will appear in the subsequent part of this section.
The first complaint against the Yarmouth men was that made to the lords of the privy council, in the year 1595, by the bailiffs and other inhabitants belonging to the several towns of Ipswich, Colchester, Dunwich, Orford, Aldborough, Southwold, and Manningtree, in behalf of the ketchmen, who resorted to Kirkley road and parts adjacent to buy herrings; signifying the many hardships and inconveniences which they laboured under from being deprived by the burgesses of Yarmouth of the ancient privilege they enjoyed, and the great injury they were liable to, in consequence thereof.
The ketchmen were those vessels which frequented these coasts in the fishing season for the purpose of buying and selling herrings, which they transacted in the open sea; but now Yarmouth men were for compelling them to resort to Kirkley road, in order that they might receive the customs, grounding their claim upon a grant of Queen Elizabeth.
The COMPLAINT of the KETCHMEN against YARMOUTH.
Whereas there is a certain grant passed from her majesty to the township of Great Yarmouth, in the county of Norfolk, as we are credibly informed, and as the township of Yarmouth aforesaid have given out speech and reported, That no fishermen, after the feast of St. Michael, by the space of forty days, should utter or sell any herrings within the compass or limit of seven miles of the said town, to any person or persons; but that the said fishermen should be constrained and urged to utter and sell all such herrings as should be by them taken within the time before limited at the town of Yarmouth aforesaid, and there to take and abide their market and utterance of the same herrings, and not elsewhere. We, therefore, which hereunder have subscribed, having had due consideration of the premises, and seeing and proving not only the great damage and inconvenience that the same will bring to the whole commonwealth of this realm, but also the utter ruin and destruction that will fall upon a number of poor ketchmen which be in trade with the said fishermen, whereby the said ketchmen, their wives and families, as also a great number of others who are thereby supported, sustained, and upholden, do think the said grant to be very unprofitable and inconvenient. The reasons that do move us thereto are these; that is to say, If the fishermen, after the taking of the said herrings, shall be constrained to repair, abide, and make their market and sales at Yarmouth aforesaid, they shall within that time lose the benefit of the taken twice so many herrings or more, as they shall utter and sell, and not the half part of the herrings taken that might be taken if they might abide and make their market at sea. And also, if the said ketchmen shall be dismayed from buying of herrings of the said fishermen, the most parts of the realm during that time shall be unserved and unprovided for, and the queen’s highnesses, poor distressed people and others would be unrelieved, which were a most pityful and lamentable thing. And finding also, as we are credibly informed, and some of us of our own knowledge do know, that the bailiffs of the said town of Yarmouth have taken seven men’s goods, which they have brought thither to be sold, and have committed the owners thereof to prison, and constrained them to buy their own goods again. (All which inconveniences, discommodities, and hard dealings being considered.) We doubt not but that their godly wisdoms to whom these presents shall be committed, will have due regard and consideration thereof, as well for the benefit and maintenance of the common wealth of this realm, as also for the maintenance and relief of the poor distressed therein. And thus thinking it our duties to certify our knowledge therein, we most humbly take our leaves, the seventh day of August, 1595.
Signed at Ipswich—EDWARD GOODYNGE, WILLIAM MYTUAL, Bailiffs
and 46 inhabitants. Southwold—27 ditto. Manningtree—10 ditto.
Dunwich—ROBERT SWOTCHETT, JOHN ALLEYN, bailiffs and 20
ditto. Colchester—22 ditto. Aldborough—FRANCIS JOHNSON,
JOHN JEAMES, bailiffs and 25 ditto. Orford—5 ditto.
The only grant made to Yarmouth in the reign of Queen Elizabeth, was a charter, in the first year of her reign, which empowered them to hold a court of admiralty, to try all maritime causes whatsoever, piracy only excepted; and wherein the boundaries of their liberties were restrained within the limits of seven leuks of the town, haven, or Yarmouth roads, and not from the haven’s mouth, or Kirkley road; without adding any additional privilege tending to justify this encroachment on the liberties of the ketchmen.