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)
Lowestoft answereth, That the said charter 46 Edward III was repealed
by an act 50 Edward III (though the judges declared that the statute
31 Edward III was not repealed) and that the statute 2 Richard II was
prejudicial to the kingdom in general: and therefore a complaint was
made thereof, in the parliament holden 4 Richard II, and an
inquisition was taken by three judges of the realm, who surveyed the
premises, and declared, that to extend the liberties of Yarmouth
seven miles from the haven’s mouth, was against common right, and
that the said statute 2 Richard II was hurtful to the commonwealth;
and, consequently, by the statute 5 Richard III, the statute 2
Richard II was repealed.
Yarmouth declareth, that by the statute 10 Richard II all their
privileges were confirmed to them, and again by statute 1 queen
Elizabeth.
Lowestoft alloweth, that the liberties granted to Yarmouth, 46 Edward
III were confirmed by statute 10 Richard II; but concerning the
statute 1 Queen Elizabeth that did not relate to the herring fishery,
except confining their liberties to seven miles from the town, but to
the establishing a court of admiralty at Yarmouth; and, therefore,
though the town of Yarmouth, under a pretence of being authorised by
that grant, made considerable encroachments on the privileges of
Lowestoft, and insisted that their privilege of seven miles was to be
measured from the haven’s mouth, and not from the key of Yarmouth,
thereby attempting to exclude the town of Lowestoft from the fishery;
yet, on complaint thereof being made to her majesty’s privy council,
who referred it to the judges, Sir John Fortescue, Justice Clench,
and Justice Gawdy, they certified, that it was their opinion, that
the seven miles should be measured from the crane key in Yarmouth,
towards Lowestoft, and at the termination thereof a post, or some
other mark should be erected to denote the same. Whereupon the Lords
of the Council, on the 16th May, 1596, after referring the case again
to the judges, laid it before the Parliament, who issued an order, in
1597, to Sir Arthur Heneningham, Sir Henry Woodhouse, and Henry
Gawdy, Esq., on the part of Yarmouth, and to Sir Robert Jermyn, Sir
John Higham, and Anthony Wingfield, Esq., on the part of Lowestoft,
to undertake the admeasurement of the said seven miles; accordingly
the said admeasurement was actually made, and a great post, denoting
the boundary of the liberties of Yarmouth, was erected, which
remained unto that day.
Public-domain text, read in full here on John Shaqi.
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