Gillingwater's History of Lowestoft: a reprint: with a chapter of more recent eventsGillingwater, Edmund
History
Gillingwater's History of Lowestoft: a reprint: with a chapter of more recent events
Gillingwater, Edmund
Lothingland (England); Lowestoft (England)
ought to have as his ancestors, who held this manor before him,
undoubtedly had, the arriving, discharging, and laden of ships, goods and
merchandizes, and a free buying and selling for his tenants of Little
Yarmouth and Gorleston, as had been the case till king Henry 3rd by his
charter to the burgesses, granted that these things should belong solely
to Great Yarmouth, and the aforesaid free buying and selling should be
done there only; and as the burgesses of Yarmouth claimed all their
restrictive power from this charter, the earl wisely considered, that
without removing the cause, the effect must still subsist; therefore, in
the same petition he attacked the charter itself, and represented to the
king, that it had not been rightly granted king Henry not being timely
apprized of the destructive tendency such a grant must necessarily have
upon the fishing trade, how contrary its dictates were to the common
rights of mankind, and, particularly, how injurious to the crown itself,
as the original proprietor of the manor of Lothingland. So severe an
attack upon the Yarmouth palladium, roused the burgesses from their
wonted security, and they were summoned to appear personally before the
king and his Council, to make their defence against the Earl and to
produce their charters, records, and reasons to the contrary. The
burgesses accordingly appeared, and urged in their behalf, that the
claims demanded by the Earl were erroneous and ill-grounded: and
exhibited several grants given them by preceding kings, as the charter of
king John, that of Henry 3rd, the confirmation of the same by Edward 1st,
and the decisions in favour of the burgh, in the 8th and 19th of Edward
2nd, in the Exchequer and other courts, all tending to confirm the rights
they claimed, and to invalidate the earl’s assertions; in which they had
ever been victorious.
The burgesses of Yarmouth founded the merits of their cause on the
charter which had incorporated them. The men of Lothingland, on ancient
customs before those charters existed; alledging that the Manor was part
of the ancient demesne of the crown, and that the customs and privileges
claimed by the Earl of Richmond and his tenants, are the same as were
demanded in the times of Canute and Harold, and the succeeding kings of
England, being owners of the said Manor, and by many other pleadings,
they asserted their lawful right to those privileges, both by
prescription and long-continued possession; but, after hearing the
controversy, the cause was determined in favour of Yarmouth, and the
burgesses triumphed once more over their rival neighbours.
Public-domain text, read in full here on John Shaqi.
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