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)
And by an Act passed in the tenth year of the reign of Richard II (which
confirmed the Act of the 46th of Edward III) it was enacted, that a
certain place in the main sea, called Kirkley Road, should be united with
the said town of Yarmouth; and by which Act it was provided, that none
should buy or sell herrings, by way of merchandise, in time of their
fair, within seven miles of the said town, but only in the said haven or
road. Which two statutes they thought were still in force, and
unrepealed; but yet for the sake of restoring peace and harmony between
the said town, and promoting the common benefit of the kingdom in
general, they recommended it to their lordships, that the said seven
miles which circumscribed the liberties of Yarmouth, should be measured
from the key of the said town where the herring fair is always held,
towards Lowestoft; and at the termination thereof some apparent mark
should be placed, in order to ascertain the exact boundaries of their
liberties, and to prevent any farther disputes. And also, that they were
of opinion, that by virtue of the statutes of the 31st of Edward III all
English vessels were entitled to the privilege of buying fresh herrings
in the middle of the sea, or coasts thereof, and also in Kirkley road,
without any let or hinderance from the men of Yarmouth. And lastly, that
they thought it very advisable, that a commission might be appointed to
consider the premises, and to ascertain with precision the true situation
of Kirkley road, in order to adjust the present differences, and to
prevent any future contentions between the said towns.
This opinion of the judges was no sooner delivered, than it was opposed
by the burgesses of Yarmouth with the utmost vehemence, and every method
was made use of to conceal its reasonableness, and to divert its
consequences, the Yarmouth men still persisting that the seven miles
which terminated the boundaries of their privileges, were to be measured
upon the sea, and not to be contracted by the numerous windings that
would necessarily attend an admeasurement taken upon land.
Upon the starting of these objections by the burgesses of Yarmouth, their
lordships were pleased to issue orders for a re-hearing of the case,
which was appointed to be held before Sir John Forteseue and the other
judges; who after hearing and examining what the learned counsel employed
by each party had to advance in support of the demands of their
respective clients, and duly considering how far their several
pretensions were just and reasonable, they certified to their lordships,
that they were unable to discover any legal or equitable reason why they
should depart from their former opinion.
A SECOND CERTIFICATE FROM SIR JOHN FORTESCUE, JUSTICE CLENCH, AND
JUSTICE GAWDY, CONCERNING THE CONTROVERSY BETWEEN THE TOWN OF
YARMOUTH AND THE TOWN OF LOWESTOFT.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account